Torts Flashcards
Defamation
Requires defamatory statement, of and concerning P, published to third party who understands its defamatory nature, that damages P’s reputation
Slander
Needs special damages
- economic loss, (such as employment or business)
Slander per se
Doesn’t need special damages if:
- accused of crime
- conduct re fitness for business or profession
- sexual misconduct
- or having loathsome disease
Public concern or public figure
Must prove falsity and fault (malice)
Private figure defamation
Only needs to show negligence
IIED
D extreme and outrageous conduct causes severe emotional distress or acts with recklessness as to risk of causing such distress
False light
The disclosure (making facts public) must have attributed to the P’s actions that he did not take or views that he does not hold. Additionally needs to show actual malice
Strict liability: Wild Animals
Wild animal is an animal that is not by custom devoted to the service of humankind in the place where it is being kept
1) not generally domesticated in US
AND
2) are likely, unless restrained, to cause personal injury
Strict Liability: Domestic animals
It’s strict liability if knows or has reason to know that animal has dangerous propensities abnormal for its species
Duty
Foreseeable P (Cardozo)
Duty owed to all foreseeable P’s, foreseeable P is one who is within the zone of foreseeable harm
Business Invitee
Invited to land for business dealings. D Owes reasonable care to inspect property, discover unreasonably dangerous conditions, and protect invitee from them
Proximate
Plaintiff suffered a foreseeable harm that is not too remote and is within the risk created by the defendants conduct
Damages
Must prove actual harm (injury, property damage)
Strict Liability: Wild Animals
Owner or possessor is strictly liable for harm, in spite of any precautions taken, if harm arises from a dangerous propensity that is a characteristic of such a wild animal or of which owner had reason to know
NOTE: not strictly liable to a trespasser
Negligence per se
Statute mandates specific duty, the P was in the class of persons statute was designed to protect, and suffered injury it seeks to prevent
(Skip duty, then apply standard to breach, etc)
Cost-benefit approach
Alternative to RPP standard of care
See if likelihood and severity of harm outweighs D’s burden (costs and disadvantages) in avoiding the harm
Strict Liability: Abnormally dangerous activities
ADA is one that creates a foreseeable and highly significant risk of harm even when reasonable care is exercised, and it is not commonly engaged in by the community
Joint and several liability
When two or more D’s are found liable for a single and indivisible harm to the P
Psychiatrist liability
Patient poses serious threat to a named individual, psychiatrist must warn or protect, which includes:
1) warn potential victim
2) notify law enforcement
3) take other steps to stop patient
If hurt themselves:
No duty
Unknown trespassers
No duty owed for anything
Known trespassers
Duty to warn of artificial hazards (death traps). Also cannot engage in willful or wanton conduct like shooting in that direction where trespassers usually are
Wrongful birth
Failure to inform about disability and increased medical costs for parents
Wrongful life
Failure to inform of risk of disability and cost of having a shitty life
(Child or representative can sue for this)
(Wrongful birth is much more likely to be the correct answer)
Professional standard of care and specialist standard of care
Professional: plans standard as the professionals in a similar community
Specialists: national standard for that particular specialty
Invitee v licensee trick
Invitee’s: money (invite the money)
Licensee: homies hanging out (license to have FUN)
WithDraw: licensee Warn; Invitee Discover
Licensee: duty to warn of concealed dangers (see if person is aware)
Invitee: duty to discover all knowable dangerous conditions
Medical Lost chance of survival
Don’t need 51% chance of survival for “but-for” cause to be successful if jdx follows this rule
