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My Bar study > Torts > Flashcards

Torts Flashcards

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1
Q

battery (elements)

A

intentional tort

  1. intentional act
  2. harmful or offensive contact
  3. to the plaintiffs person
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2
Q

battery (defenses)

A
  1. consent
  2. self defense
  3. defense of others
  4. defense of property
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3
Q

Assault (elements)

A

intentional tort

  1. intentional act
  2. causing reasonable apprehension
  3. of imminent harmful or offensive contact

basically did the D effective scare/threaten the P

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4
Q

Assault (defenses)

A
  1. consent
  2. self defense
  3. defense of others
  4. defense of property
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5
Q

False imprisonment (elements)

A

Intentional tort

  1. intentional act
  2. confining the P to a bounded area
  3. without lawful justification
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6
Q

False imprisonment (defenses)

A
  1. consent
  2. lawful arrest
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7
Q

intentional infliction of emotional distress (elements)

A

intentional tort

  1. extreme and outrageous conduct
  2. intent or recklessness
  3. causing severe emotional distress
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8
Q

intentional infliction of emotional distress (defenses)

A
  1. consent
  2. privilege
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9
Q

Trespass to land (elements)

A

intentional tort

  1. intentional act
  2. physical invasion of the P’s land
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10
Q

Trespass to land (defenses)

A
  1. consent
  2. necessity
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11
Q

trespass to chattels (elements)

A

intentional tort

  1. intentional act
  2. interference with the P’s right of possession in chattel
  3. causing damages
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12
Q

Trespass to chattels (damages)

A
  1. consent
  2. necessity
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13
Q

Conversion (elements)

A

intentional tort

  1. intentional act
  2. exercising dominion or control over P’s chattel
  3. causing substantial interference
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14
Q

conversion (defenses)

A
  1. consent
  2. necessity
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15
Q

Negligence (elements)

A
  1. duty
  2. breach of duty
  3. causation (actual) (proximate)
  4. damages
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16
Q

duty (negligence)

A

General Duty of Care: Reasonable person standard.

Special Duties: Professionals (standard of care of similar professionals), children (standard of care of a child of similar age and experience), common carriers/innkeepers (high standard of care), landowners (varies with the status of the entrant—invitees, licensees, trespassers).

17
Q

Breach (Negligence)

A

Failure to meet the standard of care, determined by the reasonable person test, custom, statutes (negligence per se), or Res Ipsa Loquitur.

18
Q

Causation (negligence)

A

Actual Cause (“But For” Test): Plaintiff’s injury would not have occurred but for the defendant’s conduct.

Proximate Cause (Legal Cause): Plaintiff’s injury was a foreseeable result of the defendant’s conduct.

19
Q

Damages (negligence)

A

Compensatory Damages: Actual losses (economic and non-economic damages).

Punitive Damages: For willful, wanton, or malicious conduct.

Nominal Damages: Minimal damages awarded when a tort is proven without substantial harm.

Mitigation: Plaintiff’s duty to mitigate damages.

20
Q

Animals (Strict liability)

A

Wild Animals: Strict liability for harm caused by wild animals.

Domestic Animals: Strict liability if the owner knows or should know of the animal’s dangerous propensities.

21
Q

Abnormally dangerous activities (strict liability)

A

Elements: Activity that poses a high risk of serious harm that cannot be completely guarded against by the exercise of reasonable care, and is not commonly engaged in.

22
Q

Product liability (3 theories of recovery)

A
  1. Strict Liability: Product was defective, defect existed when the product left the defendant’s control, defect caused injury when the product was used in an intended or reasonably foreseeable way.
  2. Negligence: Duty, breach, causation, and damages related to a defective product.
  3. Breach of Warranty: Express or implied warranties are breached causing harm.
23
Q

Defamation (elements)

A
  1. Defamatory Statement: A false statement of fact that injures the plaintiff’s reputation.
  2. Of and Concerning the Plaintiff: Statement must be about the plaintiff.
  3. Publication: Statement must be communicated to a third party.
  4. Damages: Plaintiff must show actual damages, unless the statement falls under defamation per se categories
24
Q

Defamation (defenses)

A

Truth: Absolute defense if the statement is true.
Privilege:

Absolute Privilege: Statements made in certain contexts, such as during legislative debates or judicial proceedings.

Qualified Privilege: Statements made in certain contexts without malice, such as fair reporting of public meetings.

25
Q

Public officials and figures (defamation)

A

Must prove actual malice (knowledge of falsity or reckless disregard for the truth).

26
Q

Appropriation (elements)

A

Privacy tort

Unauthorized use of plaintiff’s name or likeness for commercial purposes.

27
Q

intrusion upon seclusion

A

Privacy tort

Intrusion into plaintiff’s private affairs that is highly offensive to a reasonable person.

28
Q

Public disclosure of private facts

A

Privacy tort

Public disclosure of private facts that are highly offensive to a reasonable person and not of legitimate public concern

29
Q

False light

A

Privacy tort

Publication of facts that place the plaintiff in a false light, which is highly offensive to a reasonable person

30
Q

intentional misrepresentation (fraud)

A

economic tort

False representation, scienter (knowledge of falsity), intent to induce reliance, justifiable reliance, and damages.

31
Q

Negligent misrepresentation

A

economic tort

False information provided in a business context, breach of duty towards plaintiff, justifiable reliance, and damages.

32
Q

Interference with contractional relations

A

economic torts

Valid contract or business expectancy, knowledge of the contract or expectancy, intentional interference, causing breach or termination, and damages.

33
Q

Interference with prospective economic advantage

A

economic tort

Economic relationship, knowledge of relationship, intentional and wrongful act to disrupt the relationship, and damages.

34
Q

consent (defense)

A

express or implied agreement to the defendants conduct

35
Q

self defense (defense)

A

reasonable belief of imminent harm and use of reasonable force

36
Q

defense of others (defense)

A

reasonable belief that intervention is necessary to protect a 3rd party

37
Q

defense of property (defense)

A

reasonable force to protect property

deadly force is NOT allowed

38
Q

Necessity (defenses)

A

public necessity: D commits tort to protect the public

Private necessity: D commits tort to protect own interest…in this case he must pay for actual damages caused

39
Q

Privilege (defense)

A

legal right to engage in conduct that would otherwise be tortious

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