Torts Flashcards
battery (elements)
intentional tort
- intentional act
- harmful or offensive contact
- to the plaintiffs person
battery (defenses)
- consent
- self defense
- defense of others
- defense of property
Assault (elements)
intentional tort
- intentional act
- causing reasonable apprehension
- of imminent harmful or offensive contact
basically did the D effective scare/threaten the P
Assault (defenses)
- consent
- self defense
- defense of others
- defense of property
False imprisonment (elements)
Intentional tort
- intentional act
- confining the P to a bounded area
- without lawful justification
False imprisonment (defenses)
- consent
- lawful arrest
intentional infliction of emotional distress (elements)
intentional tort
- extreme and outrageous conduct
- intent or recklessness
- causing severe emotional distress
intentional infliction of emotional distress (defenses)
- consent
- privilege
Trespass to land (elements)
intentional tort
- intentional act
- physical invasion of the P’s land
Trespass to land (defenses)
- consent
- necessity
trespass to chattels (elements)
intentional tort
- intentional act
- interference with the P’s right of possession in chattel
- causing damages
Trespass to chattels (damages)
- consent
- necessity
Conversion (elements)
intentional tort
- intentional act
- exercising dominion or control over P’s chattel
- causing substantial interference
conversion (defenses)
- consent
- necessity
Negligence (elements)
- duty
- breach of duty
- causation (actual) (proximate)
- damages
duty (negligence)
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).
Breach (Negligence)
Failure to meet the standard of care, determined by the reasonable person test, custom, statutes (negligence per se), or Res Ipsa Loquitur.
Causation (negligence)
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.
Damages (negligence)
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.
Animals (Strict liability)
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.
Abnormally dangerous activities (strict liability)
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.
Product liability (3 theories of recovery)
- 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.
- Negligence: Duty, breach, causation, and damages related to a defective product.
- Breach of Warranty: Express or implied warranties are breached causing harm.
Defamation (elements)
- Defamatory Statement: A false statement of fact that injures the plaintiff’s reputation.
- Of and Concerning the Plaintiff: Statement must be about the plaintiff.
- Publication: Statement must be communicated to a third party.
- Damages: Plaintiff must show actual damages, unless the statement falls under defamation per se categories
Defamation (defenses)
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.
Public officials and figures (defamation)
Must prove actual malice (knowledge of falsity or reckless disregard for the truth).
Appropriation (elements)
Privacy tort
Unauthorized use of plaintiff’s name or likeness for commercial purposes.
intrusion upon seclusion
Privacy tort
Intrusion into plaintiff’s private affairs that is highly offensive to a reasonable person.
Public disclosure of private facts
Privacy tort
Public disclosure of private facts that are highly offensive to a reasonable person and not of legitimate public concern
False light
Privacy tort
Publication of facts that place the plaintiff in a false light, which is highly offensive to a reasonable person
intentional misrepresentation (fraud)
economic tort
False representation, scienter (knowledge of falsity), intent to induce reliance, justifiable reliance, and damages.
Negligent misrepresentation
economic tort
False information provided in a business context, breach of duty towards plaintiff, justifiable reliance, and damages.
Interference with contractional relations
economic torts
Valid contract or business expectancy, knowledge of the contract or expectancy, intentional interference, causing breach or termination, and damages.
Interference with prospective economic advantage
economic tort
Economic relationship, knowledge of relationship, intentional and wrongful act to disrupt the relationship, and damages.
consent (defense)
express or implied agreement to the defendants conduct
self defense (defense)
reasonable belief of imminent harm and use of reasonable force
defense of others (defense)
reasonable belief that intervention is necessary to protect a 3rd party
defense of property (defense)
reasonable force to protect property
deadly force is NOT allowed
Necessity (defenses)
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
Privilege (defense)
legal right to engage in conduct that would otherwise be tortious
