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Bar Review > Torts > Flashcards

Torts Flashcards

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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
Q

Proximate Cause

A

Forseeability
NEED ACTUAL AND PROXIMATE CAUSE

26
Q

Intervening Cause

A

Foreseeable, P will pay for all of the damages

27
Q

Superseding cause

A

Unforeseeable, will cut off P’s liability
Act of god, intentional tort, and/or criminal act

28
Q

Negligence Per Se

A

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
Q

Res Ipsa Loquitur

A

Whatever occurred wouldnt have normally happened without negligence
D was in exclusive control

30
Q

Attractive Nuisance

A

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
Q

Pure Comparative Negligence

A

Defense to Negligence
P is negligent as well, will recover but damages will be reduced by P’s % of fault

32
Q

Modified Comparative Negligence

A

Defense to Negligence
If P is more than 50% responsible, gets nothing

33
Q

Contributory Negligence

A

Defense to Negligence
If P is even just 1% responsible , they get nothing

34
Q

Last Clear Chance Doctrine

A

Exception to contributory negligence
If D had the last clear chance to avoid the harm, P can recover

35
Q

Assumption of Risk

A

P must have knowledge and appreciate the danger, and proceed anyway

36
Q

Joint and Several Liability

A

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
Q

Vicarious Liability

A

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
Q

Independent Contractor

A

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
Q

Strict Liability

A

Two activities:
Possession of wild animals
Abnormally dangerous Activity

40
Q

SL - Possession of wild animals

A

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
Q

SL - Abnormally Dangerous Activity

A

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
Q

Three Product Liability Theories

A

Negligence Theory
Warranty Theory
Defective Product

43
Q

PL - Negligence Theory

A

If someone acted negligenty, look for elements of negligence

44
Q

Warranty Theory

A

If a warranty was violated

45
Q

Defective Product (Strict Product Liability)

A

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
Q

Defenses to SPL

A

Assumption of Risk
Misuse

47
Q

Private Nuisance

A

Unreasonable interference to a normal person (objective standard)
Of the use and enjoyment of another’s property

48
Q

Public Nuisance

A

Unreasonable interference that affects the public at large
Govt official brings the suit
IF PRIVATE INDIVIDUAL = HAVE TO PROVE SPECIAL OR UNIQUE HARM

49
Q

Defamation Steps

A

Make sure the statement is defamatory
Identify the kind of statement
Identify who was being defamed

50
Q

Defamation Elements

A

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
Q

Libel

A

Written statement
No special damages required

52
Q

Slander

A

Spoken statement
Need to prove some type of economic harm

53
Q

Slander per se

A

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
Q

Defamation of a private person

A

Have to prove that the person acted negligently as to the truth

55
Q

Defamation of a public person

A

Have to prove that the person acted with actual malice or reckless disregard of the truth

56
Q

Defenses to Defamation

A

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
Q

Invasion of Privacy

A

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
Q

Intentional Misrepresentation

A

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
Q

Negligent Misrepresentation

A

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
Q

Tortious interference with a contractural relationship

A

D knows a contract exists
D intentionally induces one party to breach contract, which causes damage

61
Q

Malicious Prosecution

A

Start a criminal proceeding without probable cause
For some other reason other than bringing them to justice
Proceeding is dismissed in favor of accused

Bar Review (4 decks)

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