Torts Flashcards
Tort Causes of Action
An act, a failure to perform a legal duty (negligence), or a violation or invasion of another’s rights
Intentional Torts
Classified by harm to a person
objective test
would a reasonable person be certain the consequence from the defendant’s threats will result
Res Judicata
prevents a party from bringing a claim once that particular claim has been subjected to a final judgment in some previous lawsuit
- COA: may not be relitigated once it has been judged on the merits
Absolute Immunity
immunity from liability when the social or public policy interest is more important than the injury caused by it
Qualified Immunity
immunity for certain statements that might be considered defamatory in other settings but because of the unique nature of the situation, they are protected. P
Constitutional Immunity
if you’re a newspaper or a reporter, you’re protected by the 1st amendment right unless what you report is done with malice (determined in NY Times v Sullivan)
substantial interference
have to look at the nature and gravity of the harm
i.e.: defendant dumping toxins that affect plaintiff’s water stream/quality
personal inconvenience
very hard to prove as a nuisance
attractive nuisance
it is your responsibility to make anything on your property that would attract a child inaccessible to children
self-help abatement
a privilege that requires notice to the defendant of the nuisance and the defendant’s subsequent failure to act
trespass
physically intrude (yourself or cause someone else to)
nuisance
how your use of your property and how that affects other properties
Tort of Fraud - Common law and Statutory law
Standard: by clear and convincing evidence
Facet 1:
1) Misrepresentation of a material fact that would affect the judgement of a trier of facts (judge or jury) (is it a significant decision)
Not misrepresentations:
- Opinion, promise, silence
caveat emtpor
let the buyer beware you bought it, you need to investigate it (buyer’s duty to see faults)
