Torts Flashcards
When is someone liable for battery?
When the defendant intended to cause contact with the P’s person and the D’s affirmative conduct caused contact that was harmful or offensive to the P. Under transferrred intent, the intent requirement for battery is also satisfied if the D
intended to cause contact with a third party but instead caused contact with the P
intended to commit and assault (anticipation of imminent and harmful or offensive contact), but instead committed a battery.
The privilege to use reasonable force in defense of third parties exists when
The D reasonably believes that
the circumstances are such that the third party has a privilege of self-defense and
the D’s action is immediately necessary to protect the third party
Deadly force is appropriate when the D reasonably believes that the P is intentionally inflicting or about to intentionally inflict unprivileged force on the third party, the third party is thereby put in peril of death, serious bodily harm, or rape by the use or threat of physical force, and teh D can safely prevent the peril only by the immediate use of deadly force.
Prima facie case for battery
D intended to cause contact with the P’s person, affirmative conduct caused such contact, and the contact caused bodily harm or was offensive to the P
harmful: injury, physical impairment, pain, or illness
offensive: when a reasonable person would find the contact offensive
intentional: when the D acts with the desire to bring about the contact or engages in action knowing that the contact is substantially certain to occur.
Strict products liability cause of action
The seller or distributor of a defective product may be liable for any harm to persons or property caused by such a product. A product is defective when, at the time of sale or distribution, it contains a manufacturing defect, a design defect, or inadequate instructions or warning. The retailer of the product is strictly liable.
How would a P prevail on a strict liability claim based on a manufacturing defect?
The P must show that:
the product was defectiley manufactured
the defect existed when the product left the D’s control
the defect caused the P’s injury and
the product was used in a reasonably foreseeable way
What is the learned intermediary doctrine and how does it apply to strict liability?
If a product is obtained through an intermediary (like a prescription drug), a vendor is not liable under strict liability if they warn the intermediary and the intermediary fails to warn the person.
Negligent infliction of emotional distress requires
Close family member, viewing of the negligent action
What’s one requirement for attractive nuisance?
A landowner must know or have reason to know that children are attracted to the property.
Can pure economic losses be recovered in a negligence claim?
No.
Pure several liability statutes
Allow the P to recover only the amount each D is liable for.
Can comparative negligence and assumption of the risk exists in one case?
No. Assumption merges into the comparative negligence
May a executor bring a defamation suit?
No. Defamation cannot be against a deceased person.
What is required for a trespass to chattels action?
Only the intent to take the interfering act. No intent to trespass is necessary, and mistake is not a defense.
Under the doctrine of joint and several liability, each of two or more tortfeasors who is found liable for a single and indivisible harm to the plaintiff is subject to liability to the plaintiff for the entire harm. What is the effect of this doctrine for recovery?
Thus, a plaintiff can collect the full damages to which he is entitled from any of the defendants.
How does defamation work with a group?
When a defamatory statement is made about a group, the group must be so small that the statement can reasonably be understood to refer to the plaintiff as a member of the group, unless there is other evidence that the language refers to that particular member.
