Torts Flashcards
Will abnormal sensitivity rise to a nuisance violation if it cause him to find the interference offensive, annoying, or intolerable when a normal person in the community would not?
No, an interference with a plaintiffs use, and enjoyment of his or her property is not substantial and will not support a nuisance claim if it’s based off of a plaintiff’s , abnormal sensitivity, causing him to find that the interference was offensive, annoying, or intolerable, a normal person in the community would not
What duty of care does an actor have if they know a reasonably should know that their conduct has exposed others to an unreasonable risk of harm from a third-party
Have a duty to use reasonable care to protect others
What is the emergency doctrine
A Plaintiffs consent is presumed
1 - the purpose is to prevent or reduce risk
2 - the defendant reasonably believes that his/her conduct is necessary to prevent or reduce risk that substantially out weighs the plaintiffs interest in avoiding the conduct
3 - the defendant reasonably believes that immediate action is needed
AND
4 - he/she has reason to believe that the plaintiff would have actually consented
Is there a duty under the foreseeably harmed defendant theory to unborn viable children?
Yes, a pregnant women can have a claim for the child too
A defendant who has permission to use the plaintiff’s chattel commits conversion when he/she
(1) intentionally uses the chattel in a way that exceeds the scope of permission and (2) seriously violates the plaintiff’s right to control the chattel
When a defendant has committed conversion what damages can be recovered?
the defendant is liable for the fair market value of the chattel at the time and place of conversion
Can the duty to keep premises safe for business visitors be delegated?
No, it cannot. Even for an independent contractor? - correct, the store will still be on the hook as keeping the premises safe for business visitors is a nondelegable duty
What is a wrongful birth claim
allows parents to recover for the birth of an unhealthy child if they can prove that (1) the doctor negligently failed to inform them of the substantial risk that their future child may have a birth defect and (2) had the parents known about that risk, the child would not have been conceived or born
Define
Libel
Libel is a defamatory statement that appears in written or other physical form.
What must a Plaintiff prove for Libel?
1) the defendant knowingly made a false statement about the plaintiff or negligently failed to determine its falsity
2) That the type of statement would** tend to harm t**he plaintiff’s reputation
3) that the defendant intentionally or negligenly communicated that statement to a third party (Key to a defamation claim)
Is Consent a defense to Libel/Defamation?
Yes, it can be apparent, actual or implied
Is pecuniary loss an element of libel?
NO - it is however an element of slander (spoken defamation)
If damage occurs during trespass to chattel even through it was justified by private necessity - can the property owner recover for damages?
Yes, because the damage is trespass to chattel and a person who enters anothers property and because damage even for private necessity must pay for the actual damages cause
What duty is owed to anticipated trespassers?
to protect them from concealed, dangerous, artificial conditions.
Need to warn them
Generally, a plaintiff can recover for negligent infliction of emotional distress only if the defendant’s action causes a threat of physical impact that results in some kind of bodily harm (e.g. heart attack). What is the exception to this rule?
there is an exception to the physical-injury requirement in cases of misinforming someone that a family member has died.