Torts Flashcards
What is the rule for the liability of sellers of land where the seller has moved out?
Sellers are liable for negligence to persons off the land for physical harm caused by artificial conditions on the land that existed at time of the sale and the seller knew/should have known posed an unreasonable risk of harm to such persons. That liability continues until buyer has a reasonable opportunity to discover and remedy the defect.
What is the difference between defense of property in torts vs. defense of property in crim?
Torts - You have to ask them to leave first
What is the difference between defense of property in torts vs. defense of property in crim?
Criminal: A person may use reasonable, NDF in defense of property if that person reasonably believed that their property was in danger of imminent unlawful interference. Deadly force may only be used if there’s a connection between property and person.
Tort: A person may use reasonable force in response to a threat to property if D reasonably believed P is intruding and D can prevent it + D first asked P to stop or such request would be useless/dangerous. Deadly force may NEVER be used.
What are the four situations of slander per se?
Serious crime
Conduct that adversely affect plaintiff’s business
Serious sexual misconduct
Having a loathsome disease
What is slander per se used for?
Proof of harm/damages. Still have to prove the other elements of slander
What is the standard of care for a bailor to a gratuitous bailee?
Bailor has to warn the gratuitous bailee about known and dangerous conditions arising from the property
What is the standard of care for a bailor to a compensated bailee?
Bailor has a duty to warn bailee of defects that are known/should be known by bailor had he used reasonable diligence
What is the standard of care for a gratuitous bailee w/r/t property?
Liable only for gross negligence
What is the standard of care for a compensated bailee w/r/t property?
Must exercise extraordinary care
What is the standard of care for a gratuitous bailee w/r/t property when there’s a mutual benefit?
Must take reasonable care
Can a landlord bring a nuisance cause of action on behalf of their tenant that is experiencing a nuisance?
No
Can patients sue hospitals when the doctor is an independent contractor?
W/r/t doctors who are independent contractors, hospitals are still liable if they do not make it clear to the patient that the doctor is not an employee
Can you get a separate jury instruction for assumption of the risk in a pure comparative fault jx?
No
What does express assumption of the risk do to your damages?
Bars recovery
What does implied assumption of the risk do to your damages?
Reduces recovery
What is the only real defense to strict liability torts?
Assumption of the risk
What is the only real defense to wild animal torts?
Assumption of the risk
What are the defenses to strict liability w/r/t product defects?
Contributory fault
Comparative fault
Assumption of the risk
Product misuse/modification
Compliance with safety standards
State of art defense
Can you defame someone who is dead?
No
Can a landowner recover when someone swerves onto their land b/c of a tornado?
Yes b/c it’s a private necessity
What is a private necessity vs a public one?
Private nec. – Qualified privilege for people to enter land to prevent own person/property from injury or severe harm. D must pay for any damages they cause by virtue of being there unless trespass was for property owner’s benefit
Public nec. – Abs. privilege to enter priv. property to avert imminent publ. disaster. No liability for dmgs to property
What are the qualified privilege defenses against what would otherwise be defamation?
Victim invited the statement (employment reference, credit report, letter of recommendation)
Defendant made statement to protect his own reputation/some important interest/some public interest (book review, statement to a parole board, director to a board)
Does SL or negligence apply when livestock/other animals not cats and dogs escape onto other peoples property and causes damage there?
SL
Does SL or negligence apply when livestock escapes onto roads?
SL
