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Torts Flashcards

1
Q

Intentional Torts

A

Battery
Assault
False Imprisonment
IIED
Conversion
Trespass to Chattels

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2
Q

Req’s for Intentional Torts

A

Voluntary act

Knew w/ substantial certainty

Acts were substantial factors in P’s injury

P was harmed

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3
Q

Battery

A

Harmful/Offensive contact with another person of ordinary sensitivity

(anything connected)

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4
Q

Assault

A

Reasonable apprehension of an immediate battery based on overt physical conduct

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5
Q

False Imprisonment

A

Act of restraint
In a bounded Area
P knows or is harmed

*A reasonable person would feel they’re not free to leave

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6
Q

IIED

A

Intentionally/Recklessly
Engaging in extreme/outrageous conduct
That causes severe emotional distress

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7
Q

NIED

A

Negligent (a reasonable person would’ve known)

P suffered physical manifestations of the harm

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8
Q

Trespass to Land

A

Intentionally/ recklessly entering onto another’s land

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9
Q

Intentionally entering land

A

Just require’s D knew that he was present on real property, not that the land was someone else’s

= nominal damages

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10
Q

Recklessly entering land

A

D acted with substantial disregard for the possibility that his actions may result in a trespass

= actual damages

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11
Q

Conversion

A

Substantial interference (damaging/ depriving) w/ another persons personal property

= FMV @ time it was destroyed

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12
Q

Trespass to Chattels

A

Minor interference w/ another persons personal property

= Cost of repair / rental value

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13
Q

Affirmative defense to intentional torts

A

Consent

Necessity

Protective privileges

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14
Q

Consent

A

A person w/ legal capacity

can consent either expressly/impliedly

to allow D’s conduct as long as conduct

is within the scope

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15
Q

Express consent

A

Verbal/written statement authorizing D’s conduct

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16
Q

Implied consent

A

What a reasonable person under the circumstances would believe he/she was consenting to

(custom, circumstances)

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17
Q

Protective privileges

A

Self defense

Defense of property

Defense of others

All must be imminent, reasonable

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18
Q

Self-defense

A

A person may use force (reasonable) proportional to an immediate threat

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19
Q

Proportionality

A

Only the amt. of force necessary under the circumstances

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20
Q

Threat of deadly force

A

Can always use deadly force in return
*No duty to retreat

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21
Q

Police privilege

A

PC or RS, not liable

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22
Q

Shopkeeper’s privilege

A

May detain
In a reasonable manner
For a reasonable amt. of time

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23
Q

Private necessity

A

A person can interfere with another’s property
in an emergency situation
to protect themselves from serious injury

= liable for actual damages

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24
Q

Public necessity

A

A person can interfere w/ another’s property
in an emergency situation
to protect a group from serious injury

= absolute defense, no liability

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25
Defamation
False Defamatory Statement Published Causing Harm
26
Defamatory Statement
A statement that tends to adversely affect reputation (casting asperions on a trait of character)
27
Published
Statement must be revealed to a 3rd party *heard and understood
28
Libel
Defamatory statement in writing or other permanent form =no actual economic damage
29
Slander
Oral or spoken defamation = must show bona fide economic harm
30
Slander per se
Business reputation Crime of moral turpitude Unchastity Disease = no actual harm req'd
31
Defenses to defamation
Truth Privileges Consent
32
Privileges
Actual Qualified
33
Absolute privileges
Legislative, Judicial privilege *Must be relevant
34
Qualified privilege
Belief that an important interest is threatened Relevant to that interest Revealed to a TP who D believe's he's trying to protect *Must honestly & reasonably believe it's true
35
Private v. Public person being defamed
Private = negligence Public = malice (not an honest mistake, reckless disregard for the truth)
36
False light invasion of privacy
Widespread dissimination of a major falsehoo -object. to an average person
37
Appropriation
Unconsented use of a persons name, pic, likeness for a commercial purpose
38
Disclosure of a private fact
Publicly disclosing Private information (that must be private in the first place) obj. to a reasonable person
39
Intrusion
Physically going in and looking into (invading) Where there's a reasonable expect. of privacy obj. to an average person
40
3 types of negligence questions
1) Duty, breach, causation, damages 2) Negligence per se 3) Res Ipsa Loquitor
41
Negligence
Every person owes a duty to act as a reasonable person under the circumstances If the conduct doesn't meet the level of care & Is both the actual and proximate cause of the injury = Liable for negligence
42
Duty of care is owed to
Any foreseeable victim - Zone of danger - Rescuers (Reasonable person would believe they may be injured by the conduct)
43
How much care should you exercise
That of a reasonably prudent person acting under similar circumstances unless another rule applies
44
Exceptions to RPP standard
Superior knowledge/ skill? Standard goes up But it never goes down
45
Duty to prevent harm to others (act affirmatively)
No duty unless: 1) Special relationship 2) D placed P in peril 3) Attempted rescue and left them in a worse spot
46
Std of care for professionals
Must exercise their duties W/ the same skill and competence of an average member of that profession practicing in a community of similar size
47
Exception for specialists
Held to a national standard
48
Standard of care for children
Duty to act as a child of similar Age Intelligence Experience Acting under similar circumstances. UNLESS engaged in an adult activity
49
Duty of parents
If the parent knew/should've known the child would be likely to cause harm
50
Premises liability cases
Someone comes onto property, gets hurt and then sues for negligence
51
Duty to unanticipated trespassers
No duty
52
Duty to anticipated trespassers
Duty to warn/fix if: Artificial Highly Dangerous Concealed Prior-knowledge
53
Duty to licensee
(Social guest, personal, given permission to be on property) Duty to warn/fix if: Concealed Dangerous Prior Knowledge
54
Duty to invitees
Where people are meant to congregate Concealed Dangerous Knew/should've known after a reasonable inspection
55
Duty to child trespassers
Attractive nuisance doctrine: -Knew or shouldve known children would likely trespass -Knew or shouldve known the condition was dangerous and could cause injury cost of repair = minimal compared to danger posed
56
A land possessor can satisfy its duty by:
Warning/fixing
57
Breach
If a persons conduct doesn't meet the relevant standard of care 1) Bad behavior 2) Why it's unreasonable
58
Causation
P must show D's breach was the actual and proximate cause of his injuries
59
Actual cause
But for D's actions i'd be fine -> connection
60
Proximate cause
Injury was a foreseeable result of the breach *usually always the question*
61
Direct v. indirect cause
Direct -> obvious Indirect -> more things happen after injury
62
Intervening cause
An event that occurs after the negligent act that adds to/ exacerbates injury Original D is liable for those too if it was foreseeable
63
Superseeding cause
Events that aren't foreseeable so D won't be liable
64
Damages
Physical injury or harm
65
Negligence per se
Statute, ordinance 1) P is a member of the class the statute is trying to protect 2) Harm suffered is the type of harm the statute is trying to protect against
66
A statute won't be imposed if
1) impossible under the circumstances 2) compliance was more dangerous than violating
66
Res Ipsa Loquitor
P can't identify specific conduct but 1) Accident is normally associated w/ negligence of some kind 2) Accident is normally due to someone in D's position (exclusive control)
67
Negligence defenses
1) Contributory negligence 2) Assumption of risk
68
Contributory negligence
Won't recover anything UNLESS D had last clear chance to avoid accident and didn't do so
69
Pure comparative negligence
Damages will be reduced by % of fault 1% of $100k = $1,000
70
Modified comparative negligence
More than 50%? Won't recover
71
Implied assumption of risk
P recognized the risk chose to consciously disregard consequences P is prevented from recovering
72
Joint & several liability
2 or more people cause an accident ALL defendant's are liable
73
Contribution
Suing the other co-defendant to recover the $ you had to pay for their fault
74
Collateral source rule
Jury isn't allowed to hear evidence re: any additional compensation p received from other sources
75
When can someone recover from NIED case?
Near miss -> zone of danger Bystander -> witnessed, D knew connection
76
Vicarious liability
Employer is liable for negligent acts of their employees as long as the employee was acting within the scope *cant be intentional
77
Indemnification
The party who's responsible (company) did nothing wrong Will seek $$ from the one who actually caused damage
78
Strict liability
Wild animals or Abnormally dangerous activity
79
Domesticated animals
SL only if owner had knowledge of the vicious propensities
80
Trespassing livestock
SL regardless of any precautions taken
81
Defenses to SL
Assumption of risk
82
Ultra hazardous activities
Imposes great risk of harm Can't be made safe Uncommon (blasting, dangerous chemicals)
83
Product liability hypo's
Negligence Breach of warranty (doesnt do what it's supposed to do) Just breaks/doesn't work
84
Product liability (negligence)
Someone in the chain caused the product to break / not work
85
Breach of warranty
Promise about product performance (some sort of guarantee)
86
Merchantability
Product acted as it should
87
Fitness for a particular purpose
Product only works for a particular purpise
88
Strict product liability
(doesn't work/broke) 1) D is a merchant in the goods of the kind 2) Goods were defective when it left 3) Not altered 4) Foreseeable user making a foreseeable use
89
Another type of SPL
Failure to warn
90
Lack of adequate warning
Can't be redesigned to be safer Risk of injury isn't obvious Lacks warning, warning isn't accurate
91
Strict liability in tort
Another phrase that has to do with SPL
92
SPL defenses
Assumption of risk Misuse
93
Public nuisance
Directly affects the publics safety Usually brought by gov.
94
Private nuisance
Substantial interference w/ one's use/enjoyment of another's property in an unreasonable way
95
Test for injunctive relief
Hardship to P if behavior doesn't stop v. Hardship to D if he stops
96
Tortious interference w/ business relations
1) Valid K 2) D knew of K 3) Persuaded abandonment 4) Actually breached
97
Fraud
Intentional/ Reckless Material misrepresentation Made to induce reliance Person relies to their detriment

MBE (8 decks)

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