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One & Done > Torts > Flashcards

Torts Flashcards

1
Q

Intentional Tort

A
  1. Intent 2. Voluntarily 3. Causation (Cause)
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2
Q

Transferred Intent

A
  1. Same tort meant for A done go B
  2. Diff tort done to A
  3. Different tort done to B
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3
Q

Battery

A
  1. D’ causes or is a substantial factor
  2. Intent
  3. To P’s person
  4. Harmful or Offensive contact
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4
Q

Assault

A
  1. D’ causes or is a substantial factor
  2. Reasonable apprehension
  3. Imminent harmful or offensive contact to P’s person
  4. Intent.
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5
Q

False Imprisonment

A
  1. D causes or is a substantial factor in
  2. Confining P (w/i fixed boundaries)
  3. P must know
  4. Intent
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6
Q

Shopkeepers Privilege

A
  1. Reasonable cause
  2. Can confine for reasonable time
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7
Q

IIED

A
  1. When D intentional causes or is a substantial factor
  2. Extreme or outrageous conduct
  3. Causing P severe emotional distress
  4. Intent or reckless disregard
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8
Q

Trespass to Land

A
  1. D is a cause or substantial factor in;
  2. Invading P’s real property w/ object or D’s person
  3. W/ Intent
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9
Q

Trespass to Chattels

A
  1. When D causes or is a substantial factor in:
  2. Interfering w/ P’s right of possession in chattel
    -Damage directly chattel (Intermeddling)
    -Deprives right of possession of chattel ( Dispossession)
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10
Q

Conversion

A
  1. D causes or is a substantial factor in;
  2. Entirely depriving P’s right of possession of chattel
  3. Intent

(SERIOUS + FULL VALUE LOST)

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11
Q

Consent

A
  1. P allows
  2. Valid
  3. D doesn’t cross the boundaries of P’s consent
  4. Implied or Expressed
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12
Q

Self Defense ( Person or Property)

A
  1. D is not liable for harm if;
  2. Reasonably believed harm
  3. Used reasonable force

-Reasonable mistake is a defense
-No deadly force for property

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13
Q

Necessity

A

Private: 1. When D comes on P’s land to prevent harm to himself and 2. Causes P some harm 3. D is liable

(Can’t use force if necessity trespass)

Public: 1. When D comes on P’s land to prevent harm to a bigger group ( the public, community) 2. Causes P some harm 3. D is not liable for damages.

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14
Q

Negligence

A
  1. Duty Reasonable person (unless special)
    - Cardoza (zone) Andrew’s ( all)
    - Special ( 1. You caused harm 2. Started gotta finish 3. Special relationship 4. Law requires)
  2. Breach
  3. Cause
    - Actual ( But, for)
    -Proximate ( Superseding, Intervening)
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15
Q

Landowners Duty

A
  1. Trespassers: None
  2. Known Trespassers: Warn or make safe (Artificial)
  3. Licensees: Warn or make safe (artificial and natural conditions)
  4. Invitees: Inspect, ( if discovered) make safe (natural and artificial)
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16
Q

Attractive Nuisance Doctrine ( Child)

A
  1. D knows of object on land; artificial condition + likely to tresspass
  2. Condition can pose risk of death or serious bodily harm
  3. Children can’t understand danger
  4. Fixing ( making safe the object is cheaper than potential harm cause)
17
Q

Negligence

A
  1. D violated a statute
    2.Causing harm to P
  2. P was in the class of people statute was protecting
  3. Harm was what the statute was trying to protect from
18
Q

Red Ipsa Loquitur

A
  1. Harm would not occur in absence of negligence
  2. D had exclusive control of agent or instrument that’s caused harm

Infer

19
Q

Actual + Proximate

A
  1. Actual (But, For)
  2. Proximate ( Intervening, superseding ( cuts liability off)
20
Q

Eggshell Plaintiff

A

Take P as you found P
( even if P’s damage is wild and it wouldn’t cause a normal person that damage; still liable)

21
Q

Employment ( Vicariously Liable)

A
  1. Employer
    -Consent
    -Within Scope
  2. Independent
    -Nondelegable duty
    -Dangerous
  3. Liable for Intentional tort if;
    - Consent
    - Had to do with Job

Detour 1. Minor ( liable) 2. Major ( Not liable)

22
Q

NIED

A
  1. Zone
  2. Bystander
  3. Special
23
Q

Bystander

A
  1. Closely related
  2. Present at scene
  3. Personally observed injury
24
Q

Indemnification

A

Collect from co-defendant (active tortfeasor)

25
Q

Joint and Several Liability

A
  1. When 2 or more are jointly and severally liable; 1. Each party liable for full extent. 2. Can collect full value from anyone 3. If one D pays more can recover from other defendants
26
Q

Alternative Liability

A

If P doesn’t know who did it and both were present and P can shift burden of proof ( D’s deal with it)

27
Q

Contributory Negligence

A
  1. P can’t recover if his own negligence contributed UNLESS; 1. D was engaged in wanton and willful misconduct or 2. D had last clear chance

( not valid defense for intentional torts)

28
Q

Comparative Fault

A
  1. Pure: P can recover for the % that she’s not liable for
  2. Modified Comparative; 1. If P is more at fault than D than; P can’t recover ( completely barred)
29
Q

Assumption of Ridk

A
  1. Knowingly assumed risk
  2. Did it anyway

One & Done (6 decks)

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