Torts Flashcards
Battery
Liability for an intentional tort requires to prove that the defendant acted with
intent and his action
caused the result that gave rise to liability.
To establish a battery claim, a plaintiff must prove that the defendant intentionally inflicted harmful or offensive bodily injury contact to the plaintiffs person.
Dangerous Conditions on Land
Products Liability/ Res Ipsa
To prevail on a products liability claim based on negligence the plaintiff generally must prove that the defendants failure to use reasonable care cost the plaintiff harm. But in the absence of direct evidence of negligence the doctrine of res ispa loquitur allows the defendants to negligence to be inferred when: the plaintiff suffered a type of harm that is usually caused by negligence of someone in the defendants position and the evidence tends to eliminate other potential causes of that harm.
Res ipsa loquiter = negligence claim
P suffered a type of harm that usually caused by negligence of someone in defendants position and the evidence tends to eliminate other potential causes to the harm.
Vicarious Liability (6)
Slander
Slander is defamation through speech:
1. False Statement
2. Statement would tend to harm reputation
3. Intentionally or foreseeably had 3rd party overhear
4. statement caused special harm
Slander per se (CODS) – statement about crime, occupation, disease, or sexual misconduct
Duty of Care for Physically Disabled Person
A person who has a physical disability who partakes in a negligent act will be compared to a reasonable person with the same disability.
For mentally incompetent people, the standards is the same as a normal functioning reasonable person.
NEID
a plaintiff can establish NEID under the zone of danger theory when: the def’s neglignet conduct placed the plaintiff in danger of immeidate bodily harm and the danger caused the plaintiff serious emotional distress.
Liability of Commerical Supplier vs Service Provider
Commericial Supplier - subject to strict product liability
Service Provider - not subject to strict liability
Strict liability actions – only commercial sellers who are in the business of selling/distributing the type of defective product that harmed the plaintiff.
Someone who merely used a defective product to provide a service is not subject to strict liability for any harm to persons or property caused by the defect
egg shell rule
a tortfessor takes the vitctim as he finds him. Tortfeasor is liable for the full extent of the victims harm even ift he victim was unsually vulnerable.
when multiple tortfeasors caused the plaintiff to sustain seperable injuries..
each tortfeasor is only liable for the specifc injury he or she casued - no joint or severable liability.
subsequnet harm
Can recover compensatory damages if the intital harm was casued by the defs tort and any subsequent harm that was a normal consequence of that initial harm.
If assigning contract rights for property…
allowed without consent or consideration if: does not materially change obligator duty or reduce their chance of obtaining return performance
transferability of remainders
whether they are vested or contingent, reaminders are fully transferable during grantees lifetime, devisable by will and inheritable through intestate succesion.
At CL and minority or juris - not transferable.
FHA
prohobits discrimination in the sale or renting of a dwelling on the basis of face, colr, national origin, familial status. This includes ads that indicate any preference or discrimination with respect to buyers or renters.
false inprisonment
def** intends to confine** p within a limited area,
defs conduct caused the plaintiff confinement or the def failed to release the plaintiff from confinement despite owing a duty to do so and the
p was aware of the confinrment at the time it occured.
