Torts Flashcards
Battery
- Causes a harmful or offensive contact
- With the person of another
- With the intent to cause the contact or apprehension of such
Assault
D engages in an act that
1. Causes reasonable apprehension of imminent harmful or offensive bodily contact; and
2. Intends to cause apprehension or cause contact itself
Intentional infliction of Emotional Distress
- Intentionally or recklessly engages in
- Extreme and outrageous conduct;
- Causes P severe emotional distress
False Imprisonment
- Intends to confine or restrain another within fixed boundaries
- Actions/inactions directly or indirectly result in confinement
- P (i) conscious of confinement or (ii) harmed by it
Self-Defense Standard
Reasonable - Force that is proportionate to defend against offensive contact or bodily harm
Trespass to Chattels
Intentional interference with P’s right to possess personal property by:
1. Dispossessing
2. Using or intermeddling; or
3. Damaging
Conversion
- Intentionally
- Committing an act that deprives the P of possession or interfering
- In manner so serious as to deprive P entirely of use of chattel
Trespass to Land
- Intentionally
- Causes
- Physical invasion of someone’s land
Private Nuisance
Activity that substantially and unreasonably interferes with another’s use and enjoyment of land
Public Nuisance
Unreasonable interference with a right common to the public as a whole
Strict liability - types
- Abnormally dangerous activities
- Animals
- Defective products
Abnormally dangerous activities - Rule
A D engaged in ADA will be held SL for personal injuries and property damage caused by the activity, regardless of precautions taken to prevent the harm
Abnormally Dangerous Activity Factors
- Creates foreseeable and highly significant risk of harm even when due care taken
- Severity of harm
- Appropriateness of location
- Whether great value to community
Wild Animals - SL
Owners are strictly liable for the harm arising from a wild animal’s dangerous propensities
Domestic Animals - SL
SL If an owner knows or has reason to know that a particular animal has dangerous propensities and the damage flows from that propoensity
Types of Products LIability
- Manufacturing
- Design
- Failure to Warn
Elements of Products Liability Generally
- Product defective in manufacture, design, or failure to warn
- Defect existed when product left D’s control
- Defect caused P’s injury when product used in foreseeable way
Manufacturing Defect
- Product deviated from its intended design
- Product does not conform to manufacturer’s own specifications
Design Defect Tests
- Consumer expectation test - product is less safe than ordinary consumer would expect
- Risk utility test - the risks outweigh its benefits and there is a reasonable alternative design
Failure to warn
- There was a foreseeable risk that was not obvious to an ordinary user
- Reasonable steps weren’t taken to warn about the risk
Implied warranties
- Merchantability - Product is suitable for the ordinary purposes for which its sold
- Fitness for a particular purpose - seller knows the particular purpose the product was sold and buyer relies on the seller’s skill or judgment
Defamation Elements
Defendant
1. Made defamatory statement
2. Of or concerning the P
3. Published to a 3P who understood its defamatory nature
4. Damage to reputation results
Invasion of Privacy Torts
IFLAP
- Intrusion
- False Light
- Appropriation
- Private Facts
Intrusion Upon Seculsion
D
1. Intrudes
2. upon P’s private affairs
2. in a manner that would be highly offensive to a reasonable person
False Light
Defendant
1. Makes public facts about the P
2. That place P in a false light
3. Which would be highly offensive to a reasonable person
Appropriation (of the right to publicity)
- Appropriation of name or likeness
- For D’s advantage
- Without consent
- Causes injury
Negligence Per Se
- Crim law or statute imposes particular duty
- D violates
- P in class of people intended to be protected
- Accident the kind of harm statute intended to protect against
- Harm caused by violation of statute
Res Ipsa Loaquitur
- Accident was kind that ordinarily happens as a result of negligence of a class of actors
- D is member of that class
- Modern
Traditional
- Accident of a kind that usually doen’t occur in absence of negligence
- Caused by agent or instrumentality within exclusive control of D
- Not due to any action on the part of P
Fraud
- False representation about a material fact
- D knows or acted with reckless disregard to falsity
- Intending to induce P to act in reliance on isrepresentation
- Misrepresentation caused P to act or refrain from acting
- Actual, economic, pecuniary loss
