Torts 2.0 Flashcards
What are the 3 elements of defamation?
- statement by D about P
- Published (to at least 1 other person other than P, regardless of mistake)
- Damages (types depend on whether slander (oral- need proof of economic harm)/ libel (written- no damages requried))
What 5 types of defamation via slander DO NOT require proof of economic damages?
When there is slander per se including:
- statements about business incompetence
- criminal/ moral turpitude
- loathsome disease
- sexual misconduct
What are the 5 elements of a misrepresenation fraud tort claim?
- misrepresentation of fact by D
- intent/ recklessness (good faith/ reasonable misstatement ok)
- purpose of statement to induce P’s reliance
- P does rely
- Damages (economic, $)
What are the 4 elements of an intentional interference w/ business relations claim?
- valid K
- D knows of K
- D induces 3rd party to breach/ abandon K
- there is subsequent breach
What are the 2 key parts of the tort of false imprisonment?
- D engages in act of restraint/ confining AND
2. P confined in bounded area (must be locked in space w/o reasonable means of escape)
What are 4 signs of outrageous conduct for IIED?
- repetitive/ continuous conduct
- D is common carrier/ innkeeper (ex: too ugly to stay here)
- P member of fragile class (preggo, old)
- deliberate explotation of known sensitive/ phobia
What are the 2 key parts of the tort of assault?
- actual apprehension
2. immediate offensive contact
What 2 factors must be shown to constitute tort of battery?
- D engaged in harmful/ offensive contact &
2. contact was w/ P’s person (or anything connected to P, ex: horse touching, holding, carrying)
What is an offensive touching for a battery?
contact that is unpermitted by a person of ordinary sensitivity
What are the 2 parts of the tort of intentional infliction of emotional distress (IIED)?
- D’s outrageous conduct
2. causes P’s severe distress
What 3 types of P’s lack capacity to consent to tortious conduct?
- intoxicated
- mentally ill
- children (can consent to age-appropriate conduct i.e. sports, not sex)
What happens if a D exceeds scope of consent?
D will be found liable
Is an honest mistake or good faith belief a defense to trespass to land?
NO, all required is intent to enter land
-same true for trespass to chattels and conversion
What are examples of a physical invasion? (trespass to land)
- throw/ propel tangble object
2. intangible force (ex. light, sound, smell, not physical invasion)
What is the key distinction b/w trespass to chattels and conversion?
chattels applied to small harm
conversion is substantial interference w/ personal property (ex. D lost/ refuses to return property)
What are the 3 main defenses to claims for physical harms?
- consent
- priviledges
- immunities (necessary for property torts)
What are the 2 types of consent?
- express (oral/ written)
- implied
- custom/ usage (subway)
- D’s reasonable interpretation of P’s overt conduct (objective standard)
What is public necessity immunity?
D invades P’s property to protect community as a whole (D escaped lion on P’s land), not liable
What is private necessity immunity?
D invades P’s property in an emergency to protect D’s own interest, liable for damages done to P’s property (no nominal/punitive damages)
What are the 4 elements of a prima facie case for negligence?
- legal duty
- breach of duty
- actual & proximate causation
- damages
What are the 3 types of protective priviledges?
- self-defense
- defense of others
- defense of property
What are 2 exceptions to the general rule that there is no duty of care to unforeseeable P’s?
- rescuers
2. prenatal/ fetal injuries
What is the main exception to the rule that there is generally no duty of care to conduct of 3rd parties?
duty arises where a special relationship exists between D & 3rd party (ex. parolee and parole officer, child and parent)
-standard: D knows/ shouldve known actor likely to cause bodily harm to others
Do parents owe a special duty to children to excercise due care in supervising day-to-day activities?
NO
-does have duty to protect from foreseeable harm that is subject to parents control
