Torts Flashcards
Battery
1) Harmful/offensive contact; 2) Contact w/ π’s person; 3) causation; 4) damages
Assault
1) D must place π in reasonable apprehension; 2) Apprehension must be/ imminent threat of battery; 3) Intent
Negligence
1) Duty; 2) Breach; 3) Causation (actual, proximate – zone of danger); 4) Damages – foreseeable victims; Defenses: Comparative Negligence
Strict Liability
1) Absolute duty to make P or his property safe
2) Breach
3) Actual & proximate causation
4) Damages
* injury caused by animal when knowledge of vicious propensity
* abnormally dangerous activities
Products Liability
1) seller = merchant; 2) Product = defective; 3) Product not altered since leaving the D; 4) π making foreseeable use of product
False Impriosionment
1) commit act of restraint; 2) π must be bound/confined in a bounded area; 4) D intent; 5) damages; 6) shopkeeper’s privilege
Intentional Infliction of Emotional Distress
1) Reckless conduct = state of mind (no intent req.); 2) D must engage in outrageous conduct; 3) π suffers sever emotional distress
3rd party: Family - w/ or w/o physical harm; bystander - physical harm required
Negligent Infliction of Emotional Distress
D behave negligently; π no trauma/injury to body: “near miss;” bystander – family; relationship so foreseeable
Defamation
1) Defamatory statement; 2) Publication (@ least 2 person); 3) Damages
Libel
written, damages presumed
Slander
spoken defamatory
slander per se: 1) business/prof; 2) moral terpitude; 3) unchastity; 4) Loathsome disease
False Light (Privacy Tort)
widespread dissemination of material falsehood about π
Appropriation (Privacy Tort)
π’s name used for commercial advantage
Public Disclosure of Private Facts
widespread dissemination of confidential info. about π; highly offensive to reasonable person & not in the public interest
Intrusion on seclusion
D’s act of intrusion on π’s personal affairs; objectionable to a reasonable person
