Torts Flashcards
What are the elements of Trespass to Chattels?
- Intentional
- Interference with
- P’s use or possession
- In a chattel
What are the elements of assault?
- Intentional
- causing apprehension of
- Imminent
- harmful/offensive contact
What are the elements of IIED?
- Intentional/reckless infliction by
- Extreme & outrageous conduct causing
- severe emotional distress
- third party liability
What are the elements of Conversion?
- Trespass to chattels and
- substantial interference
- Defendant pays full value
What is required for defense of others defense in Torts?
- D had reasonable belief other person could defend
- Used reasonable force
What are the elements of recapture of chattels?
- Fresh pursuit by D
- Reasonable force
- Must have been wrongful taking
When is a necessity defense allowed in torts?
If it was
- reasonably necessary
- to prevent great harm
What are people with a business purpose considered when they’re on land of another?
Invitees
Are social guests trespassers, licensees, or invitees?
Licensees
What are the requirements for Negligent Infliction of Emotional Distress?
- Plaintiff suffers a physical injury
- Plaintiff was in zone of danger
What are the three main defenses to a negligence claim (outside of disproving the elements of negligence)?
- Contributory negligence
- Comparative negligence
- Assumption of Risk
What are the elements of a strict liability claim?
Defendant is:
- commercial supplier
- places product in stream of commerce
- product is defective
AND there is:
- Actual cause
- Proximate cause
- Damages
What are the ways a product can be defective in strict liability?
- Manufacturing Defect
- Design Defect
- Consumer Expect. test
- Risk utility test
- Warning Defect
What are the elements of abnormally dangerous activity claims?
- 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
What are the elements of fraud/intentional misrepresentation?
- misrepresentation of a fact
- scienter (knowing/reckless mens rea)
- Intent to induce P to rely on the statement
- Causation
- Justifiable reliance
- Pecuniary damages
What causes a private nuisance?
- Substantial, unreasonable interference with
- use/enjoyment of property
What constitutes a public nuisance?
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
What are the elements of defamation?
- 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)
What are the elements of false light?
- Public placement
- in false light
- that would be highly objectionable to a reasonable person
What are the elements of intrusion on P’s solitude?
- Intrusion into private affairs of P
- Where they had reasonable expectation of privacy
- which is highly objectionable
What are the elements of misappropriation?
- P’s name or picture
- Unauthorized use for
- D’s commercial advantage
What are the different mens rea standards in defamation?
- Public figure - malice
- Private figure - negligence
What are the elements of interference with business relations?
- Contract or business expectancy of P
- D has knowledge of it
- Intentional interference
- Damages
What is a defense to interference with business relations?
Fair competition
What is the standard of care for professionals?
Required to possess knowledge/skill of a member of their profession or occupation in good standing
When can violation of a statute establish negligence per se?
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
