Torts Flashcards
How can a defendant rebutt a statutory prima facia case of negligence?
By showing (undisputed evidence) that compliance with the statute was beyond the defendant’s control.
Does slander per se require any pecuniary loss? What is slander per se?
No, it does not require pecuniary loss. Defamation is spoken (slander) and slander is slander per se when it falls into one of these categories: (1) criminal activity; (2) occupational misconduct; (3) sexual misconduct; or (4) loathsome disease.
When are punative damages available in torts?
Generally, only available in intentional tort cases where the defendants conduct is outrageous or malicious.
However, sometimes available in negligence cases if the defendants conduct is wanton and willful, reckless, or malicious.
What are the damages available for conversion?
The full value of the property at the time of the conversion.
What are the four types of invasion of privacy?
(1) appropriation by the defendant of the plaintiff’s picture or name for a commercial advantage;
(2) intrusion by the defendant upon the plaintiff’s affairs or seclusion;
(3) publication by the defendant painting the plaintiff in false light; and
(4) public disclosure by the defendant of private facts about the plaintiff.
When are defendants liable for the criminal actions of a third party?
When the criminal actions are a reasonably forseeable result a the time of negligence.
(like a history of crime in the area)
In a strict products liability case, could the defendant be liable even if it had no reason to anticipate that the product was dangerous?
Yes. Under strict liability, the defendant is liable simply because it is a commercial supplier of a product with a dangerous defect. Does not need reason to know or have no opportunity to inspect the product for defects.
What are the five theories of products liability claims?
(1) Intent
(2) Negligence
(3) Strict Liability
(4) Implied Warranties
(5) Express Warranties
What constitutes a defective warning on a product?
A warning is inadequate if it does not provide users with clear and complete warnings of dangers which may not be apparent.
What are the elements of strict liability (non-products)?
(1) The nature of the defendant’s activity imposes an absolute duy to make it safe;
(2) The dangerous aspect of the activity is the actual and proximate cause of the plaintiff’s injury; and
(3) The plaintiff suffered damage to person or property.
Can a defendant still be liable for conversion if they originally came into possession of the chattel legally?
Yes.
