Torts Flashcards
Battery
- Intentional
- Act
- That results in offensive or harmful contact
Assault
- Intentional
- Act
- that puts another
- in fear/apprehension of imminent harm or offensive contact
False Imprisonment
- Intentional
- confinement in a bounded area of another
- no reasonable means of escape
- they were harmed or knew of confinement
IIED
- Intentional or reckless;
- outrageous and extreme conduct;
- Results in emotional harm
Can apply to bystanders if either:
* Plaintiff was physically present, known by the defendant ot be there, and a close relative; OR
* Plaintiff was physically present, known by the defendant ot be there, suffered physical harm
Trespass to Chattels; Conversion; and Trespass to Land
Trespass to Chattels
1. Intentional;
2. interference with;
3. P’s use or possession
4. Liable for damages or costs of repair
Conversion
1. Intentional
2. Substantial interference with
3. D pays full value of MV at time of conversion
Trespass to Land:
1. Intentional;
2. physical invasion of another property
Intentional Tort Defenses
Consent
* Express or implied. Can’t go beyond scope of consent
Self-Defense
* Reasonable, appropriate force
Defense of Others
* Reasonable force to defend another;
* when defender reasonably believes other was attacked first
Defense of Property
* Reasonable, appropriate force
* No deadly force, unless they are breaking in
Arrest
* P was exercising legal rights and duties by restraining D
Shopkeeper’s Privilege
* Shopkeeper has reasonable belief;
* of shoplifted good;
* detains person in reasoanble manner for reasonable time.
Public/Private Necessity
* Public: Threat to large portion of community, no compensation owed
* Private: Threat to one’s self or another, owe damages
Negligence (Duty)
Under the majority, Cardozo, view, a duty is owed to every forseeable victim in the “zone of danger.” Under the minority, Andrews, view, a duty is owed to everyone.
Standard of Care: The standard of care is that of a reasonable prudent person in a similar situation. This can be modified the person is a:
* Minor (unless they are doing adult activities)
* Professional
* Fireman’s Rule - Firefighters and cops who are injured in the line of duty are prohibited for suing for negligence for injuries that are inherent ot the job
* Physical Impaired
Duty of Landowners:
* Flagrant Trespassers - No duty
* Known Trespassers - Duty to warn of artificial hazards
* Invitees - Duty to warn of known dangers
* Licensees - Duty to check for dangers
* Attractive Nuisance Must exercise care to avoid forseeable injury to children if: (1) owner knew or should have known children trespass; (2) condition posed unreasonable risk of injury/death; (3) children could not appreciate risk due to youth; (4) benefit to remedy is small to owner; and (5) owner fails to use reasonable care.
Vicarious Liability: Liable for acts of the employee within the scope of the employment. Not liable for intentional torts unless within general idea of job. Not liable if employee on frolic, liable for detour. Not liable for independent contractors unless: (1) non-delegable duty; or (2) ultrahazardous activity
Requirements to Act:
* Special Relationship
* Causing the danger
* Volunteers Assitance
Negligence Per Se (Establishes Duty and Breach)
* Ordinance: (1) person was of class to be protected; (2) harm was of type envisiged; (3) the envisiged harm was what caused victim’s injury
Negligence (Breach)
A person breaches their duty when they act below the standard of care
Res Ipsa Locquiter: No negligence shown, but the injury would have not have happened without the presence of negligence. “The thing speaks for itself”
Negligence (Causation)
Actual Cause: But-for the defendant’s conduct, would the plaintiff have been injured.
Proximate Cause: Was the plaintiff’s injury a forseeable result of the defendant’s conduct.
Intervening/Superseding Causes
Negligence (Damages)
The plaintiff suffered damages that were not just non-economic.
Presumed joint and several liability, can get contribution.
NIED
Defendant engages in (1) negligent conudct; (2) plaintiff suffers serious emotional distress that results in physical harm.
* For bystanders, must be in zone of danger
* For related bystanders, observe the danger but does not need to be in zone of danger.
Negligence Defenses
-
Contributory Negligence: In contributory negligence j(x), any negligence on plaintiff’s part precludes recovery.
However, if D had “last clear chance” to avoid the injury, they will still be liable. - Comparative Negligence: P damages reduced by amount they were negligent.
- Assumption of the Risk: Person appreciated the risk and did it anyways
Strict Liability
Animals Owner is liable for trespass
Wild: owner liable for wild animals that cause harm due to their “dangerous propensities”; or if someone gets frightened of them
Domestic: if owner knows they are dangerous, if someone is injured by that known danger, they are liable.
Ultrahazardous Activities: (1) Activity creates high risk of harm; (2) risk cannot be eliminated with reasonable care; (3) not common or appropriate to location; and (4) danger outweighs the activity’s value
Defense
Assumption of the risk.
Product Liability
P must show 1) D was a merchant; 2) defective product; 3) existence of defect when product left D’s control; and 4) P or forseeable person, was using product in a forseeable way
To prove (2), use: (a) manufacturing defect; (b) design defect; or (c) failure to warn
* Manufacturing Defect: Product is different from others off the assembly line.
* Design Defect: Design itself is defective. Use
* Consumer Expectation Test: Product must meet minimum safety expectations of ordinary users when used in reasonably forseeable manner
* Risk Utility Test: Product is defective if the risk of danger inherent in the design outweighs the benefits and there was a reasonble cost-effective alternative design.
* Failure to Warn: Maker fails to give adequate warning. If a drug, given to doctor, must warn the doctor, but don’t need to warn customer seperately unless sold directly to customer.
Defenses
Assumption of the risk
Misuse
Compliance with industry standards - not dispositive
Nuisance
Private: Substantially (reasonable person finds annoying) and unreasonably (benefit to D does not outweigh harm to P) inteferes with plaintiffs use and enjoyment of property
Public: (1) causes harm to the community broadly; (2) plaintiff needs to show they suffer an individualized harm, distinct from others
Defense
Coming to nuisance - not dispositive
