Torts Flashcards
Defenses and Privileges to intentional torts: P.O.P.C.A.N.S.
P = privileged
O - defense of Others
P = property defense
C = consent
A = authority (police/shopkeepers)
N = necessity (public and private)
S = self-defense
Torts against invasion of privacy: C.L.I.P.
C = commercial appropriation/advantage
L = lies/false light
I = intrusion upon seclusion (airing private business/affairs)
P = public disclosure of private facts
⚠️Note: must be published (communicated publicly out loud or written) to be recovered from
Product liability test: C.C.C.B.oN.D.
C = control (defect must have existed when it left D’s control)
C = no Changes after it left control
C = causation (damage must result from product defect)
B - business (seller must be in business of selling product)
oN = no privity (D’s duty extends to anyone foreseeably endangered)
D = defect of product itself
Defamation: D.O.P.E.
D = defamatory statement
O = of or concerning victim
P = publication
E = economic or dignitary harm
defamatory/slanderous per se test
Some statements are defamatory/slanderous per se because they are so harmful to the plaintiff’s reputation that damages are presumed. Therefore, proof of special damage is unnecessary when a statement falsely accused the plaintiff of any of the following:
- committing a serious crime (eg, arson, murder, rape, theft)
- engaging in conduct that adversely affects the plaintiff’s occupation (eg, butcher sells rotten meats)
- committing serious sexual misconduct (eg, adultery)
- having a loathsome disease (eg, sexually transmitted infection)
IIED requirement for extreme and outrageous conduct: F.E.A.R.
F = flagrant indecency
E = exploiting known and special vulnerability
A = abusing authority
R = repeated harassment
Intentional Torts list: A.B.C.F.I.T.T.
A = assault
B = battery
C = conversion
F = false imprisonment
I = intentional infliction of emotional distress (IIED)
T = trespass to chattels
