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Torts Flashcards

1
Q

Battery

A

Intent
Harmful or Offensive Contact
To another or anything connected to that person

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2
Q

Assault

A

Intent
Reasonable apprehension
Imminent harmful or offensive contact

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3
Q

Trespass to Chattel

A

Intentionally interfering with the use of another’s property
For Dispossession - Harm inferred
For Use or Intermeddling;
Actual harm to chattel; substantial loss of use of chattel; or bodily harm to P

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4
Q

Conversion

A

Intentional act that substantially interferes with the use of another property
Owes damages = value of property at time of conversion
Do not need bad motive

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5
Q

Trespass to Land

A

Intentionally entering the land of another
No damage has to occur

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6
Q

Intentional Infliction of Emotional Distress (IIED)

A

Intent or reckless conduct
Extreme and outrageous conduct
Causing the person severe emotional distress

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7
Q

IIED Bystander Theory

A

Bystander is close family member
D knows that bystander is present
Bystander suffers emotional distress

If bystander is not a family member, Bystander has to suffer physical harm

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8
Q

False Imprisonment

A

Intentional act placing P in a confined bounded area with no means of escape, and P is aware of confinement

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9
Q

Shop Keeper Privilege

A

If a merchant has reasonable suspicion that someone is stealing, they can detain them for a reasonable amount of time

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10
Q

Negligent Trespass to Land

A

Negligently enter the land of another
Will be liable if you cause damage to the land

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11
Q

Negligent Infliction of Emotional Distress

A

Did something negligent
The person was in the zone of danger
Caused the person severe emotional distress AND physical harm

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12
Q

Defense to Intentional Torts (POPCANS)

A

Privilege
Defense of others
Defense of Property
Consent
Authority
Necessity
Self Defense

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13
Q

Private Necessity

A

Defense if you have to come on to someones land to save a life
Will still have to pay for any damages to property

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14
Q

Public Necessity

A

Necessary to come on to someones land to prevent public harm
No damages paid

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15
Q

Duty owed to unknown trespasser

A

No duty of care

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16
Q

Duty owed to known trespasser

A

Duty to warn of known dangers

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17
Q

Duty owed to Licensee

A

Someone you invited on your property for social reasons
Duty to warn of known dangers

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18
Q

Duty owed to invitee

A

Someone you invited on property for business reasons
Duty to warn, inspect, and make safe

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19
Q

Duty of parent to control or supervise child

A

Have a duty if parent knew or should have known that the child could cause harm

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20
Q

Duty to Rescue

A

No duty unless you attempt to aid, then must exercise reasonable care

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21
Q

Special relationships where there is a duty to rescue

A

Common carrier
Innkeeper guest
Teacher student
Employer Employee

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22
Q

Duty of a child

A

Act like other children of the same age and maturity

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23
Q

Duty of a professional

A

Act like similar professionals with the same training, knowledge and experience

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24
Q

Actual Cause

A

But for D’s action, no harm would have occurred
NEED ACTUAL AND PROXIMATE CAUSE

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25
Proximate Cause
Forseeability NEED ACTUAL AND PROXIMATE CAUSE
26
Intervening Cause
Foreseeable, P will pay for all of the damages
27
Superseding cause
Unforeseeable, will cut off P's liability Act of god, intentional tort, and/or criminal act
28
Negligence Per Se
Violation of an ordinance or a statute Injured party is part of the protected class of people the ordinance is trying to protect The injury was the kind of injury we are trying to prevent
29
Res Ipsa Loquitur
Whatever occurred wouldnt have normally happened without negligence D was in exclusive control
30
Attractive Nuisance
Artificial condition on owner's land which causes children to trespass Owner of land knows or should know that kids will trespass Condition poses an unreasonable risk of harm Children because of age or maturity dont realize the risk The cost of maintaining the condition is nothing compared to the risk to the children The owner fails to make it safer
31
Pure Comparative Negligence
Defense to Negligence P is negligent as well, will recover but damages will be reduced by P's % of fault
32
Modified Comparative Negligence
Defense to Negligence If P is more than 50% responsible, gets nothing
33
Contributory Negligence
Defense to Negligence If P is even just 1% responsible , they get nothing
34
Last Clear Chance Doctrine
Exception to contributory negligence If D had the last clear chance to avoid the harm, P can recover
35
Assumption of Risk
P must have knowledge and appreciate the danger, and proceed anyway
36
Joint and Several Liability
Two or more D cause a single accident and we do not know the % of fault for each D; all are jointly and severally liable for all of damages P can go after either D for everything
37
Vicarious Liability
Employer is liable for negligent acts of their employees as long as employee is acting in the scope of their employment Generally not liable for intentional acts of employees
38
Independent Contractor
Someone who hired an independent contractor is not liable for their negligent acts EXCEPT: If work is abnormally dangerous, or Contractor is doing a non-delegable duty
39
Strict Liability
Two activities: Possession of wild animals Abnormally dangerous Activity
40
SL - Possession of wild animals
For non domesticated animals If you possess a wild animal, and they cause an injury to someone, always strictly liable; doesn't matter what precautions you took 99% of the time strict liability unless it is not the type of injury that would normally happen For domesticated animals Can become a wild animal if the animal has dangerous propensities
41
SL - Abnormally Dangerous Activity
An activity is abnormally dangerous if it is: uncommon in the community, and poses a foreseeable and highly significant risk of physical harm to the P that cannot be mitigated by reasonable care D is only liable for harm that stems from the abnormally dangerous characteristic of that activity Assumption of risk is a defense if P knew and appreciated the danger and did it anyway
42
Three Product Liability Theories
Negligence Theory Warranty Theory Defective Product
43
PL - Negligence Theory
If someone acted negligenty, look for elements of negligence
44
Warranty Theory
If a warranty was violated
45
Defective Product (Strict Product Liability)
Elements Defendant was a commercial seller The product was defective at the time it left D’s control The defect cause the P physical harm Someone who uses a defective product to provide a service is not subject to SPL for harm to persons or property caused by the defect A commercial seller must provide reasonable warnings or instructions regarding any foreseeable risk of harm posed by its product if doing so will reduce that risk
46
Defenses to SPL
Assumption of Risk Misuse
47
Private Nuisance
Unreasonable interference to a normal person (objective standard) Of the use and enjoyment of another's property
48
Public Nuisance
Unreasonable interference that affects the public at large Govt official brings the suit IF PRIVATE INDIVIDUAL = HAVE TO PROVE SPECIAL OR UNIQUE HARM
49
Defamation Steps
Make sure the statement is defamatory Identify the kind of statement Identify who was being defamed
50
Defamation Elements
A false statement of or about the P that affects or hurts their reputation Publicized to a third party who heard and understood it Causes damages
51
Libel
Written statement No special damages required
52
Slander
Spoken statement Need to prove some type of economic harm
53
Slander per se
Say something about someones profession or business Chastity of a woman Accuse someone of committing a felony Accuse someone of having a loathsome disease
54
Defamation of a private person
Have to prove that the person acted negligently as to the truth
55
Defamation of a public person
Have to prove that the person acted with actual malice or reckless disregard of the truth
56
Defenses to Defamation
Truthful statement Absolute privilege - Statements made by govt officials during their normal course of business Qualified privilege - If you are only stating a matter that appears necessary that protects the defendant’s interest ot eh public interest, and statement was made honestly and reasonably
57
Invasion of Privacy
Four types: False Light - Portray someone in a false light Appropriation - Unauthorized use of P's name or likeness for a profit Public Disclosure of a Private Matter Intrusion upon seclusion
58
Intentional Misrepresentation
D misrepresent a material fact That they knew or should have known was false With intent to induce reliance And P does rely, causing damages
59
Negligent Misrepresentation
D negligently made a statement or misleading statement And D has a special relationship with P And P detrimentally relied on D's negligence and caused damage
60
Tortious interference with a contractural relationship
D knows a contract exists D intentionally induces one party to breach contract, which causes damage
61
Malicious Prosecution
Start a criminal proceeding without probable cause For some other reason other than bringing them to justice Proceeding is dismissed in favor of accused

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