Torts Flashcards
Intentional Torts
T/F: Damages/ Actual Harm must be establised for intentional torts
False, only for negligence actions
Intentional Torts
To establish a prima facie case for false imprisonment, a P must show:
ACBIC
1) an act or omission by the D
2) that confined or restrained P
3) to a bounded area
4) with intent by the D to do so
5) causation
P must be aware of the confinement. Harm/damages not required.
Intentional Torts
To establish a prima facie case for conversion, a P must show:
- a serious interference/invasion
- with the chattel of another
Intentional Torts
T/F: Conversion requires damage or permanent deprivation to the chattel
False, all that is required is that defendant’s volitional conduct result in a serious invasion of the chattel interest of another in some manner.
Intentional Torts
T/F: Conversion requires damage to the chattel
False,
Intentional Torts
What can a P recover in a suit for conversion?
The FMV of the chattel at the time of conversion
D gets to keep the damaged chattel
Intentional Torts
To establish a prima facie case for trespass to land, a P must show:
1) an intent to cause
2) an entry into the land of another
Can be on, above, or beneath the land
Can be done by a person, a golf ball, dogs snowflakes
Intentional Torts
T/F: Mistake of owenership is a complete defense to trespass to land
False
Intentional Torts
Public necessity is a defense to an intential tort and occurs when:
One enters into the land of another to avoid a greater harm to members of the community
Intentional Torts
Private necessity is a defense to an intential tort and occurs when:
One enters into the land of another to avoid harm to themselves, their family, or 1 member of the community
Intentional Torts
Can a P recover damages if a D asserts public necessity as a defense?
No
Intentional Torts
Can a P recover damages if a D asserts private necessity as a defense?
Yes, D will be liable for any damages caused
Intentional Torts
Intential infliction of emotional distress is characterized by what type of conduct?
Extreme and outrageous that goes beyond the bounds of common decency
Intentional Torts
T/F: Physical harm must be shown for a P to recover in an IIED action
False, mental anguish is enough. Doesnt always require intent, recklessness will suffice
Intentional Torts
T/F: A P must show that their injury was forseeablity to recover in an IIED action
False
Intentional Torts
To recover in an action for NIED, the P must show:
Damages/harm/injury
except where: mishandling of a corpose, false report of death
Intentional Torts
T/F: A homeowner can use deadly force to protect their home from trespassers/thieves
False, can never use deadly force
Intentional Torts
GR: A statute may establish the stnd of care in a negligence case if:
2 req
- the P was in the class intended to be protected by the statutue
- the statute was designed to prevent that type of harm that the P suffered
GR for negligence per se. Memorize
Negligence
T/F: Medicial malpractice is always forseeable
True
Negligence
To recover on a claim of lack of informed consent, the P must show:
Damages/harm/injury
Negligence
The majority rule on the bar is Pure Comparative Negligence
A P will recoer damages even if their fault exceeds the D
Negligence
Joint & Several Liability occurs when:
2 or more tortious acts cause a P an indivisible harm. Each tortfeasor will be liable to the P for the full amount of damages
Intentional Torts
Anything that the P is holding or touching can be considered:
Apart of their person
Causation
As long as the intervening cause is ____ the original D will still be on the hook
Foreseeable
Compartive + Contributory Negligence
Pure Comparative Negligence
P can be 99% at fault and still recover.
Reduce award by % of fault
Intentional Torts
____ is a harmful or offensive contact to another or their person
Battery
Intentional Torts
____ is a harmful or offensive contact to another or their person
Battery
Modified Comparative Negligence
P will not recover if more than 50% at fault. Reduce award by % of fault
Torts
Apprehension means ___ not fear
Awareness
Intentional Torts
Apprehension must be _____
2 things
Reasonable & Imminent
Intentional Torts
To establish a prima facie case for tresspass to chattels, P must show:
- a intentional interference
- with another personal property
- and harm results
Physical damage
Intentional Torts
What are the damages recoverable for trespass to chattels?
the cost to repair the property
Products Liability
Products Liability Elements
5 Requirements: MDDRP
- Merchant,
- Defective product,
- Defect in existence when product left D’s control,
- Reasonable foreseeable use by P,
- P suffered damages
Intentional Torts
Battery is a tort where no ___ harm need be shown, and no ____ need be proven.
- Physical
- Actual Damages
As a ____, the plaintiff need only be warned of dangerous natural conditions of which the landowner is in fact aware and which are unknown to the licensee or unlikely to be discovered by her.
licensee
The ___ does not extend to dangerous conditions that the licensee should reasonably have discovered
duty to warn
A ____ is one who enters on the land with permission for his own purpose or business and includes social guests.
licensee
Causation
To establish proximate cause in indirect cause cases, where an ____ force combines with the defendant’s conduct to cause the plaintiff’s injury, the plaintiff must show that the defendant’s negligence caused a ____ harm or caused a foreseeable reaction from a foreseeable intervening force.
intervening
foreseeable
Causation
Intervening forces that produce a harm outside of the scope of what would normally be anticipated from the defendant’s negligence are generally deemed ___ and ___. Such a superseding event will break the chain of causation and ____
unforeseeable and superseding
relieve the defendant of liability
Intentional Torts
Battery is a tort where no ___ harm need be shown, and no ____ need be proven.
- Physical
- Actual Damages
As a ____, the plaintiff need only be warned of dangerous natural conditions of which the landowner is in fact aware and which are unknown to the licensee or unlikely to be discovered by her.
licensee
Intentional Torts
Battery is a tort where no ___ harm need be shown, and no ____ need be proven.
- Physical
- Actual Damages
As a ____, the plaintiff need only be warned of dangerous natural conditions of which the landowner is in fact aware and which are unknown to the licensee or unlikely to be discovered by her.
licensee
Intentional Torts
Battery is a tort where no ___ harm need be shown, and no ____ need be proven.
- Physical
- Actual Damages
As a ____, the plaintiff need only be warned of dangerous natural conditions of which the landowner is in fact aware and which are unknown to the licensee or unlikely to be discovered by her.
licensee
Reminders. Stop getting these wrong
You MUST prove HARM for NEGLIGENCE actions, so if the patient/person, etc suffered no HARM, the D will not be liable for a negligence action
You DONT have to prove PHYSICAL INJURY for IIED, only for NIED
Motions for Directed Verdicts are usually denied for the P and D
Bc there is usally always a triable issue of fact that the jury should decide
Reminders. Stop getting these wrong
Someone will NOT BE IN THE ZONE OF DANGER IF:
They walked away from the scene, back turned to the scene, only learned of the accident by a third party, or otherwise did not literally witness the accident that caused an injury
Elements of Defamtion
- Defamatory statement of fact made by D
- Publication of that statement to a 3rd party, either negligently or intentionally
- P suffered general or special Damages (general = injury to reputation or special = pecuniary loss, not req. for libel per se or slander)
Plaintiff must prove D at fault & falsity of the statement.
- Public officiial = P must prove malice. - Private person with respect to matter of public concern = P must show negligence
- Private person with repect to a matter of private concern= only have to show publication
footnote
See if any Defenses apply (truth or qualifed/absolute privilege)
Elements for Invasion of Privacy
F.C.P.I
- False Light
- Commerical Appropiation
- Public disclosure of private facts
- invasion on seclusion
Truth is no defense and do not survive death
Defamation
What must a public official prove for a claim of defamation?
Public officiial = P must prove malice
Malice = D knew of the statements falsity and recklessly disregarded it.
Defamation
What must a private official prove for a claim of defamation in regard to a matter of a PRIVATE concern?
Only has to show publication
Defamation
What must a private official prove for a claim of defamation in regard to a matter of PUBLIC concern?
P must show negligence
Nuisance
Light, sound, smell are actionable for nuisance
False
Intentional Torts
Battery is a tort where no ___ harm need be shown, and no ____ need be proven.
- Physical
- Actual Damages
As a ____, the plaintiff need only be warned of dangerous natural conditions of which the landowner is in fact aware and which are unknown to the licensee or unlikely to be discovered by her.
licensee
As a ____, the plaintiff need only be warned of dangerous natural conditions of which the landowner is in fact aware and which are unknown to the licensee or unlikely to be discovered by her.
licensee
Intentional Torts
Battery is a tort where no ___ harm need be shown, and no ____ need be proven.
- Physical
- Actual Damages
Intentional Torts
Battery is a tort where no ___ harm need be shown, and no ____ need be proven.
- Physical
- Actual Damages
As a ____, the plaintiff need only be warned of dangerous natural conditions of which the landowner is in fact aware and which are unknown to the licensee or unlikely to be discovered by her.
licensee
Intentional Torts
Battery is a tort where no ___ harm need be shown, and no ____ need be proven.
- Physical
- Actual Damages
As a ____, the plaintiff need only be warned of dangerous natural conditions of which the landowner is in fact aware and which are unknown to the licensee or unlikely to be discovered by her.
licensee
Intentional Torts
A ____ is liable to the owner for conversion if they use the chattel in such a manner as to constitute a material breach of the bailment agreement.
bailee
I.e, i (bailor) agree to let my friend use my car for 1 day (bailee)
if they use for more than 1 day, that is a material breach of the agreement
Defense to Defamation
A qualified privilege is recognized when the recipient has an ____ and it is ____ for the defendant to make the publication of the statement.
interest in the information
reasonable
If a plaintiff, having been informed that he is suspected of theft, allows himself to be detained and searched without any force or threats of force by the defendant, it is generally held that the plaintiff has:
has consented to the restraint of his liberty.
Defamation
The communication to the third person must be made either _____.
intentionally or negligently.
if it was not reasonably foreseeable that the defamatory statement would be overheard, the fault requirement for the publication element is not satisfied.
The ____ is used by ____ to rebut a contributory negligence defense, not by ____ to defend a negligence claim, and is not applicable in comparative negligence jurisdictions.
last clear chance doctrine
plaintiffs
defendants
g
f
To satisfy the mental element of battery, the defendant need only know that he is:
committing the physical act that constitutes the tort
He need not know that the act is wrongful or tortious.
A landowner has the duty to exercise ordinary care to avoid reasonably foreseeable risk of harm to children caused by ____ on his property.
artificial conditions
Under the attractive nuisance doctrine, the owner or occupier of land has a special duty to protect childern from artificial conditions if the P can prove:
4 Requirements:
- existence of a dangerous condition present on the land of that the owner is or should be aware of
- the owner knows or should know that children frequent the vicinity of this dangerous condition
- the condition is dangerous because of the child’s inability to appreciate the risk
- the expense of remedying the situation is slight compared with the magnitude of the risk.
Defenses
One who is held liable for damages caused by another simply because of his relationship to that person may seek ____ from the person whose conduct actually caused the damage
indemnification
the party who gets indemified is liable to the other party for the FULL AMOUNT. Not liable to P bc the other party already fully paid P.
Vicarious Liability
An employee’s conduct is w/n the scope of his employment when:
2 Req (P & COC)
- performing work assigned by the employer or
- engagin in a course of conduct subject to the employer’s control
An unauthorized act is not determinative
T/F:
An employer will be liable for employee’s tortious conduct if the conduct occured during a detour.
True,
a detour is only a slight deviation
A detour occurs when an employee:
EDD
- engages in conduct substantiailly similar to authorized acts
- does not deviate substantially from their route
- dont not consume a substantial amount of time by deviating
A joint tortfeasor who is at fault in causing the P’s injuries is entitled to:
Contribution
partial reimbursement for damages paid to P
A principal will not be vicarioulsy liable for the tortious acts of agent if that agent is:
An indep. contractor
Except whre the contractior engages in inherently dangerous activity
Inherently dangeous does not mean abnormally dangerous, activity only need to be one with special dangers to other inherent or normal to the activity
Causation
Proximate Cause GR:
The D is liable for all harmful results that are the normal incidents of and w/n the increased risk caused by his acts
Causation
If a particular harmful restul is at all __ from D’s negligent conduct, the unusual manner in which the injury occured or unusual timing of cause + effect is ____ to the D’s liability
Foreseeable
Irrelevant
A D may be liable for the injuries incurred by a rescuer if the rescue is not ____
Reckless
“danger invites rescue”
Occurs when rescuer rushes to help someone hurt by D and rescuer is injured while doing do
Negligence Per Se
Violation of an applicable statutes establishes:
Conclusive presumption of duty and breach
Negligence Per Se
Compliance with an applicable statute does not establish:
Conclusive presumption of exercising due care
Strict Liability
A D will be held strictly liable for engaging in abnormally dangerous activity. An activity is abnormally dangerous if:
- there is a forseeable risk of serious harm evenwhen reasonable care is exercised by all actors
- the activity is not a matter of common usuage in the community
give examples like blasting and manufacturing explosivesx
whether an activity is abnormally dangerous is a question of law that the ct can decide on for a motion for directed verdict
