Torts Flashcards
Trespass requires
1) An act of physical invasion on Plaintiffs real property
2) Intent to enter the piece of land
3) Causation
Defendant does not personally enter the land but sets something in motion to cause a physical invasion
Trespass bc trespass does not require personal entry if D’s act causes the entry
D accidental destroys Ps computer, but she can repair it, how much is owed?
The conversion damages =
The fair market value, which is how much the computer was worth before destroyed
Conversion elements
1) act interfering with plaintiffs right to possession in the Chattel
2) intent to perform act that interferes with P’s right to possession
3) Causation
4) Damages are serious enough to warrant D pay Full Value of Chattel
Conversion damages
Fair market value (the full value before damage)
Self defense requires
The right to use deadly force:
There was 1) real danger or reasonable appearance of danger,
And
2) a reasonable person would have acted similarly under the circumstances
Traditional duty of an owner or occupier of land
Depends on the legal status of P as either an invitee, licensee, or trespasser
Invitee
Enters premises in response to express or implied invitation of landowner
Ex: if held open to the public for
• public areas
•businesses
Licensee
Enters onto land with the possessors permission for his own purpose
Ex: social guests
How to lose invitee status
If exceeds scope of the invitation
Landowner does not owe a duty for areas outside of invitee’s scope of invitation
Violation of a statute may be excused by the trier of fact if
Compliance was beyond their control
(Look for the cause in fact)
Amusement park ride malfunctions, Childs seatbelt wasn’t secure and is injured
Child will win bc ride operator failed to use reasonable care in securing seat belt
Doctrine of vicarious liability
Imposes liability on an employer for the tortious conduct of its employer occurring within the scope of the employment relationship
Is manufacturer liable if someone mounts TV on ceiling and it falls?
Yes if knew that sometimes was mounted in that way, then need to warn
Courts in strict liability cases require a commercial supplier to anticipate:
Reasonable foreseeable use and misuse and must provide warnings for both
Manufacturer is liable for supplying a defective product
Contributory negligence is not a defense for
Intentional torts
False imprisonment
An act or omission on the part of the defendant that confines or restrains the plaintiff
Plaintiff must be confined to a bounded area
Assault
Act by the defendant creating a “reasonable apprehension” in the plaintiff
Of an “immediate battery” / (harmful or offensive contact to the plaintiffs person)
Confinement to a bounded area
The Plaintiff must know of the confinement or be harmed by it.
For an area to be bounded, freedom of movement must be limited in all directions with no reasonable means of escape known to the plaintiff
- way out can’t be: disgusting, hidden, very dangerous, or humiliating
Intentional infliction of emotional distress
-An act by the defendant amounting to extreme and outrageous conduct
-the plaintiff must suffer severe emotional distress
This is the only intentional tort that requires actual damages (severe emotional distress)
Nominal damages
Awarded when the plaintiff is legally in the right/their right was technically violated but has not suffered substantial harm or losses
Usually a smaller award due to lack of need for compensation, more about the vindication in court
Actual damages
Also known as compensatory damages, are damages awarded by a court equivalent to the loss a party suffered
Punitive damages
Amount awarded is based on Defendants actions that are especially reckless or malicious
Duty to known trespassers
The land possessor must warn of or make safe any conditions that are:
- artificial
- highly dangerous
- concealed, and
- known to the land possessor in advance
