Torts Flashcards
Privilege: Necessity
Only applies to intentional torts v. property.
D is not liable for harm to P’s property if intrusion was (or reasonably appeared to be) necessary to prevent serious harm to person/property.
Public necessity - complete defense; acts for public good
Private necessity - incomplete defense; protecting own property (or few others); liable for damages unless purpose was to help P.
Privilege: Self-Defense/Defense of Others
Not liable if
- D reasonably believed P was going to harm him/another; AND
- Used reasonable force necessary to protect self/other.
Privilege: Defense of Property
Reasonable force allowed, but not deadly.
Privilege: Recapture of Chattels
May take prompt action and use reasonable, non-deadly force.
Force deemed unreasonable without first making demand to return items, unless demand is dangerous/futile.
Privilege: Detain for Investigation
Shopkeeper may
- Temporarily detain
- Person reasonably suspected of theft
- In/near store
- For purpose of investigation.
If request to remain made and refused, reasonable non-deadly force allowed to detain.
Privilege: Arrest
Controlled by statute. Generally felony committed in presence while arresting.
Privilege: Discipline
Parents may use reasonable force to discipline child.
Reasonable Person Standard: Disability
Physical disability: must act as reasonable person with the disability would act.
MI/ID: must act as reasonable person without the disability would act.
Standard of Care: MD
Degree of care and skill of average qualified practitioner under national standard.
Standard of Care: Psychologist/therapist
Duty to warn victim when patient makes credible threat. Liable if
- believed patient posed real risk
- of serious violence
- to readily identifiable victim, AND
- failed to take steps to warn victim.
Landlord’s Duty to Tenants
Generally no duty to maintain leased premises, unless provided for by law/K.
Must warn of latent defects.
Common law: no duty to provide safe premises so tenants safe from criminal acts of third persons.
Modern view: duty to take reasonable precautions to protect tenant against foreseeable attacks.
Intervening Cause
Act that occurs after breach that contributes to harm.
Those that are dependent (natural reaction to D’s wrongful acts) are usually deemed foreseeable, and D is liable.
Medical malpractice is always deemed foreseeable.
If resulted in unexpected injury, usually deemed unforeseeable and D is not liable.
Criminal acts are usually not foreseeable unless
- D should have anticipated; OR
- D’s conduct makes criminal act more likely.
Slander v. Libel
Slander
Oral defamatory statement
Must prove special damages UNLESS slander per se:
- impugn business integrity or skill
- unchastity of unmarried woman
- loathsome disease
- crime of moral turpitude
Libel
Defamation in permanent format
Do not need to prove special damages unless:
- Statement does not fall within slander per se; AND
- Defamatory nature not clear on its face
Defenses to Defamation
- Absolute privilege - complete defense; applies to statements
- in judicial proceedings
- between spouses
- by executive branch officials
- during legislative proceedings - Qualified privilege - statement is conditionally privileged, and privilege is not abuse (no malice); applies to statements
- by former/prospective employers made in good faith for legitimate purpose
- in government reports of official proceedings
- during testimony in legislative proceedings
- in self defense
- to warn others about harm/danger
Defenses: Intentional Interference with Business Relations
- Legitimate competitive activity (no dishonest, wrongful, or illegal act used)
- Giving truthful information
- Having financial interest in party that breached/terminated
- Honestly giving requested advice, usually in special relationship (e.g., attorney-client)
