Torts Flashcards
To establish fraud, P must prove:
-false representation
-of a material fact
-made knowingly by D,
-with the intent to mislead and
-be relied upon by P
-to their detriment.
The element of misrepresentation can also be established by proving a concealment of a material fact.
Reliance may not be justified, however, when a potential buyer undertakes investigation regarding a matter at issue because the buyer is charged with knowledge that the investigation reveals or knowledge that would have been revealed had the investigation been pursued diligently.
[Feb 22]
Assumption of the risk is an ___ in Virginia and operates to ___, based on the subjective inquiry into what the particular plaintiff knows, understands, and appreciates. To succeed, the defendant must prove that…
Affirmative defense; bar recovery by a plaintiff.
…the plaintiff fully understood and appreciated a known danger and voluntarily exposed himself to it.
[July 22]
To show that a child plaintiff’s conduct amounted to contributory negligence, the evidence must show that…
…the plaintiff’s conduct did not conform to the standard of what a reasonable person of like age, intelligence, and experience would do under the circumstances for his own safety and protection.
[July 22]
A child between the ages of ___ and ___ is ___ and is legally incapable of committing acts of negligence.
7; 14; presumed not to have the capacity to understand and appreciate the peril and dangers of his acts
The defendant can rebut this presumption.
[July 22]
Virginia ___ permit claims for direct liability against parents based on ___ of a vehicle to a child.
Does; negligent entrustment
The plaintiff must prove that the parent owner of the vehicle knew, or had reason to know, she was entrusting her vehicle (including by express or implied permission) to an unfit driver, likely to cause injury to others.
[July 22]
A landowner owes no duty to those outside the land with respect to…
…natural conditions on the land.
However, a duty is owed to refrain from engaging in any act that makes the highway more dangerous than in a state of nature or in the state in which it has been left. [J16]
Proximate cause
Reasonably foreseeable and not interrupted by an unforeseeable intervening cause. [J16]
Good samaritan statute
A person who, in good faith, renders emergency care or assistance, without compensation, to any ill or injured person shall not be liable for any civil damages for acts or omissions resulting from the rendering of such care or assistance.
Contributory negligence does not apply to risks taken to offer aid. [J16]
Are pre-injury release clauses enforceable?
No. Against public policy. [F17]
Conspiracy to induce the breach of a contract (tort claim) - plaintiff must prove that…
(1) there was a conspiracy to procure the breach of contract and (2) pursuant to such conspiracy the contract was breached. [F18]
Punitive damages may be recovered for…
(1) willful or wanton conduct, or (2) such recklessness as evinces a conscious disregard for the safety of others. [F18]
Defenses to negligence
Assumption of risk
Contributory negligence
Mitigation of damages
Gov:
Sovereign immunity
Notice of claims requirement [F18]
The landowner or occupier owes a duty to invitees regarding…
…hazardous conditions that are:
* Concealed
* Known to the land possessor in advance / could have been discovered by a reasonable inspection
[J20]
Land possessor owes licensees a duty to ____
warn of or make safe hazardous conditions that are:
* Concealed
* Known to the land possessor in advance
must exercise reasonable care in the conduct of “active operations” on the property.
no duty to inspect or repair.
[J20]
A licensee is ___
one who enters onto the land with the possessor’s permission for their own purpose or business, rather than for the possessor’s benefit.
Social guests = licensees. [J20]
An invitee ___
enters onto the land in response to an invitation by the possessor of the land
I.e., enters for a purpose connected with the business of the land possessor or
enters as a member of the public for a purpose for which the land is held open to the public.
will lose invitee status if they exceed the scope of the invitation. [J20]
Land possessor owes discovered / anticipated trespassers a duty to ___
warn of / make safe any conditions that are:
* Artificial
* Highly dangerous (involving risk of death or serious bodily harm)
* Concealed
* Known to the land possessor in advance
[J20]
To establish a claim based on negligence per se, which is essentially a strict liability claim, a plaintiff must:
(1) prove that the defendant violated a statute that was enacted for public safety, (2) establish that he belongs to the class of persons for whose benefit the statute was enacted, and (3) prove that the statutory violation was a proximate cause of his injury.
A common law negligence action ___ lie against a vendor who provided alcoholic beverages to a person who later drove an automobile and injured a third party.
Does not.
