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Last Minute Bar Prep > Torts > Flashcards

Torts Flashcards

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1
Q

What are the elements of Trespass to Chattels?

A
  • Intentional
  • Interference with
  • P’s use or possession
  • In a chattel
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2
Q

What are the elements of assault?

A
  • Intentional
  • causing apprehension of
  • Imminent
  • harmful/offensive contact
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3
Q

What are the elements of IIED?

A
  • Intentional/reckless infliction by
  • Extreme & outrageous conduct causing
  • severe emotional distress
  • third party liability
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4
Q

What are the elements of Conversion?

A
  • Trespass to chattels and
  • substantial interference
  • Defendant pays full value
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5
Q

What is required for defense of others defense in Torts?

A
  • D had reasonable belief other person could defend
  • Used reasonable force
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6
Q

What are the elements of recapture of chattels?

A
  • Fresh pursuit by D
  • Reasonable force
  • Must have been wrongful taking
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7
Q

When is a necessity defense allowed in torts?

A

If it was
- reasonably necessary
- to prevent great harm

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8
Q

What are people with a business purpose considered when they’re on land of another?

A

Invitees

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9
Q

Are social guests trespassers, licensees, or invitees?

A

Licensees

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10
Q

What are the requirements for Negligent Infliction of Emotional Distress?

A
  • Plaintiff suffers a physical injury
  • Plaintiff was in zone of danger
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11
Q

What are the three main defenses to a negligence claim (outside of disproving the elements of negligence)?

A
  • Contributory negligence
  • Comparative negligence
  • Assumption of Risk
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12
Q

What are the elements of a strict liability claim?

A

Defendant is:
- commercial supplier
- places product in stream of commerce
- product is defective
AND there is:
- Actual cause
- Proximate cause
- Damages

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13
Q

What are the ways a product can be defective in strict liability?

A
  • Manufacturing Defect
  • Design Defect
    • Consumer Expect. test
    • Risk utility test
  • Warning Defect
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14
Q

What are the elements of abnormally dangerous activity claims?

A
  • High risk of serious harm due to activity
  • Can’t eliminate the risk with reasonable care
  • Not common in the area/community
  • Balance danger vs. value
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15
Q

What are the elements of fraud/intentional misrepresentation?

A
  • misrepresentation of a fact
  • scienter (knowing/reckless mens rea)
  • Intent to induce P to rely on the statement
  • Causation
  • Justifiable reliance
  • Pecuniary damages
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16
Q

What causes a private nuisance?

A
  • Substantial, unreasonable interference with
  • use/enjoyment of property
17
Q

What constitutes a public nuisance?

A

Activities on land that cause
- substantial unreasonable interference
- with health, safety, property rights of a community
- and Private Party can recover with different damage only

18
Q

What are the elements of defamation?

A
  • Defamatory statement
  • of or concerning Plaintiff
  • Publication to a 3rd party who understands statement
  • Causation
  • Damages (Libel - damages presumed, Slander - prove special damages unless slander per se)
19
Q

What are the elements of false light?

A
  • Public placement
  • in false light
  • that would be highly objectionable to a reasonable person
20
Q

What are the elements of intrusion on P’s solitude?

A
  • Intrusion into private affairs of P
  • Where they had reasonable expectation of privacy
  • which is highly objectionable
21
Q

What are the elements of misappropriation?

A
  • P’s name or picture
  • Unauthorized use for
  • D’s commercial advantage
22
Q

What are the different mens rea standards in defamation?

A
  • Public figure - malice
  • Private figure - negligence
23
Q

What are the elements of interference with business relations?

A
  • Contract or business expectancy of P
  • D has knowledge of it
  • Intentional interference
  • Damages
24
Q

What is a defense to interference with business relations?

A

Fair competition

25
Q

What is the standard of care for professionals?

A

Required to possess knowledge/skill of a member of their profession or occupation in good standing

26
Q

When can violation of a statute establish negligence per se?

A

When D
- violates statute without excuse;
- P is within class of persons the statute is designed to protect; and
- statute is designed to guard against the type of risk/accident P suffered

Last Minute Bar Prep (12 decks)

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