Torts Flashcards
Defense of Property
As a general rule, one may use reasonable force to prevent the commission of a tort against one’s property. However, force that is likely to cause death or serious bodily harm is not permitted when the invasion is threatening property alone.
Conversion (damages)
If the plaintiff is successful in a conversion action, the measure of damages is the fair market value of the chattel converted. This value is generally computed as of the time and place of the conversion. The defendant is given title upon satisfaction of the judgment so that, in effect, there is a forced sale of the chattel.
Defamation (Public Figure)
To make out a case for defamation, show that 1) D published a defamatory statement 2) of or concerning P 3) that damaged his reputation. If P is a public figure/official, P must also prove falsity and fault on D’s part, i.e., “actual malice.” It is defined as knowledge that the statement was false or reckless disregard as to its truth or falsity.
Strict Liability (Wild Animal)
An owner of a wild (i.e., non-domestic) animal, even one kept as a pet, will be strictly liable for the damage caused by the animal. A bear, even a very tame one, will be classified as a wild animal.
Negligence (Elements)
To establish a prima facie case for negligence, a plaintiff must show: (i) a duty of care, (ii) breach of that duty, (iii) actual and proximate cause, and (iv) damages.
Battery
The prima facie case for battery requires an act by defendant that will bring about a harmful or offensive contact to the plaintiff, intent on the part of defendant to do the act, and causation. DAMAGES ARE NOT REQUIRED.
Negligent Hiring
An employer may be liable for its own negligent selection if it has some reason to be on notice that the employee’s actions that resulted in harm were likely to occur. E.g., an investigation when D hired the security guy would have revealed that the security guy is violent.
Product Strict Liability
To establish liability in a strict liability action based on a defective product, the plaintiff must prove that the defendant is a commercial supplier of the product in question and that the product is expected to be supplied to the consumer without substantial change in the condition in which it is supplied. E.g., D won’t be liable for its defective product that he intended to destroy but was subsequently stolen and used.
Duty of Care (Professionals)
A person who is a professional is required to exercise such superior judgment, skill, and knowledge as he actually possesses.
Trespasser
A trespasser is one who comes onto the land without permission or privilege. They are owed no duty.
Licensee (Social Guests)
A licensee is one who enters on the land with the landowner’s permission, express or implied, for his own purpose or business rather than the landowner’s benefit.
Invitees (Business Guests)
An invitee is one who enters onto the premises in response to an express or implied invitation of the landowner.
Duty to Anticipated Trespasser
A landowner owes a discovered or anticipated trespasser the duty to warn of or make safe artificial conditions known to the landowner that involve a risk of death or serious bodily harm and that the trespasser is unlikely to discover.
Duty of Care (Children)
Children are held to the standard of care of other children of like age, education, intelligence, and experience.
Trespass to Land
To establish a prima facie case for trespass to land, plaintiff must prove: (i) an act of physical invasion of plaintiff’s real property by defendant; (ii) intent on defendant’s part to bring about the physical invasion; and (iii) causation.
