Torts Flashcards
Intentional Tort Prima Facie Case
Voluntary Act
Intent
Causation
Harm
Transferred Intent Applicable Torts
Assault
Battery
False Imprisonment
Land Trespass
Chattel Trespass
Trespass of Property
Physical invasion by person / object
Of land
Trespass to chattels
Slight / minor interference w/ chattel such as dispossession or intermeddling
Conversion
Interference w/ right of possession (significant)
Intent to interfere
Causation
Damages
Assault
Reasonable apprehension
Of immediate harmful / offensive contact (battery)
Battery
Act that brings about harmful / offensive contact to person
Intent to bring about harmful / offensive contact
Causation
False Imprisonment
Act / omission that confines / restrains to a bounded area
Intent to confine / restrain
Confinement caused by D
Intentional Infliction of Emotional Distress
Intentional / reckless act
Of extreme / outrageous conduct
Causes severe mental distress
Self-Defense
Reasonable & necessary use of force to protect against injury
When reasonably believe being / about to be attacked
Defense of Property
Must request P to stop / leave unless effort is futile
Reasonable force allowed to defend from tortious interference (never deadly)
Public Necessity
Absolute privilege: no liability
Private Necessity
Qualified: pay compensatory damages
Negligence
Duty
Breach
Causation
Damages
Duty
Responsibility to foreseeable victims to act as an objectively reasonable person acting under similar circumstances
Children Standard of Care
<5 no std
5-18: hypothetical child of similar age, experience, & intelligence
If child engages in an adult activity revert to default std of care
Professional
Did they provide the same care as an average member of their profession (national) providing similar services would have?
Unknown trespassers
Not a foreseeable victim & owed no duty
Known trespasser
Duty to warn / make safe artificial hazards
That are highly dangerous
Concealed from trespasser
Known in advance to possessor
Licensees
Make safe / warn known to possessor but not obvious dangers that are concealed from licensee
Invitee
Full duty of reasonable care including reasonable inspection
Dangers concealed from invitee
Possessor knew about in advance OR could discover through reasonable inspection
Attractive Nuisance
Dangerous artificial condition on land that p/or knows / should have known
P/or knows / should’ve known children might trespass on land (attraction does not need to cause trespass)
Condition likely to cause injury bc children cannot appreciate the risk
Cost to remedy is slight compared to the level of risk
Negligence per se
P member of class statute designed to protect
Accident one of risks statute trying to prevent
Negligence per se exceptions
Compliance w/ statute would have been more dangerous
Compliance would be impossible or out of D’s control
When does D assume a duty to act (rescue etc.)?
Special relationship: pre-existing, innkeepers, common carriers, & shopkeepers
OR
If D causes peril / another’s injury, D assumes the duty to make reasonable efforts to rescue or aid
Negligent infliction of emotional distress
Duty to avoid negligent infliction of emotional distress when creates foreseeable risk of physical injury or does foreseeably injury a 3d pty that leads to emotional distress
Negligent infliction of emotional distress: Near miss
P w/n zone of danger
P suffers physical symptoms from distress
Negligent infliction of emotional distress: bystander
Victim & bystander are closely related
P present at scene
P observed event
Negligent infliction of emotional distress: pre-existing business relationship
Highly foreseeable that careless performance will produce emotional distress
Employer’s duty as employer
Duty to all those who may foreseeably come into contact w/ empee to exercise due care in hiring supervision & retention
Proving breach: res ipsa loquitor
P lacks information about D’s actual breach
Accident is one that is normally associated w/ negligence
Accident would normally be due to negligence of someone in D’s position
Defamation
A defamatory message
Communicated to a 3d pty
Falsity of defamatory language
Fault on D
That damages P’s reputation
Invasion of Privacy Causes of Action
Appropriation of name / likeness for commercial purposes
Intrusion of P’s affairs / seclusion
False Light
Public disclosure of private facts
Strict Liability Prima Facie Case
Absolute duty to make safe based on D’s activity
Danger is actual & proximate cause
Damage to person / property
Abnormally dangerous activity
Foreseeable risk of serious harm even with reasonable care
Not an activity of common usage in community
Products Liability
D is a merchant
Defective product
Control
P making a foreseeable (not just intended / appropriate) use of product @ time of injury
Employer-employee vicarious liability: negligence
Respondeat superior
Liable for empee acting w/n scope of empt @ time of accident
Detours not frolics
Employer-employee vicarious liability: intentional torts
Generally not liable bc outside scope of empt EXCEPT
Acting to further empr’s purpose
Force is authorized (bouncer)
Friction generated by empt (bill collector)
Vicarious Liability: Independent K
Generally not liable for torts committed
EXCEPT
Independent K engaged in inherently dangerous activities
Duty is nondelegable (keeping customers safe on business premises)
