Torts Flashcards by Steve Smalls

Transferred Intent Applicable to

Transferred Intent Applicable to: F-CABLe

False imprisonment;
Chattels, trespass to
Assault;
Battery; or
Land, trespass to

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Attractive Nuisance Reqts

Attractive Nuisance Reqts: T REX’S DiCK

Toddlers present
Risk of injury
EXpense of remedy Slight
Dangerous Condition
Knowledge by Owner of children’s presence

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Duty to Licensees

Duty to Licensees: LiP W/DiC

Licensee’s Purpose
Warn
Dangerous Condition

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∆ to Intentional Torts

∆ to Intentional Torts: DO CSPAN

Discipline of children
Others, defense of
Consent
Self defense
Property, defense of
Arrest privilege
Necessity

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Duty to Invitees

Duty to Invitees: I’M WOP

Inspect
Make safe
Warn
Owner’s Purpose

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Duty to Unpaid Recreational User

Duty to Unpaid Recreational User: Not MoW

Not liable unless
Malicious & Willful failure

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Defamation Not On Face—Inducement, Innuendo, & Colloquium

Defamation Not On Face—Inducement, Innuendo, & Colloquium: MaI IS PC

Meaning = Innuendo
Inducement = Statement
Person referred = Colloquium

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Slander—Must Prove Special Damages

Slander—Must Prove Special Damages: SPeciaL

Slander—Must Prove Special Damages: SPeciaLSpecial
Pecuniary
Loss

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Duty of Lessor

Duty of Lessor: WoK

Warn of Known/Knowable defects

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Privacy Damages

Privacy Damages not SPeciaL

Special Pecuniary Loss not required

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Intentional Misrepresentation

Intentional Misrepresentation: MISC. JaRS

Misrepresentation
Intent
Scienter
Causation
Causation
Justifiable Reliance
SPeciaL: Special Pecuniary Loss

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Negligent Misrepresentation

Negligent Misrepresentation: PM BaCkeD JR

Professional capacity Misrepresentation
Breach
Causation
Damages
Justifiable Reliance

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Duty to Those Off Premises

Duty to Those Off Premises: A CUD

duty for Artificial Condition
Unreasonably Dangerous

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Duty to Discovered Trespassers

Duty to Discovered Trespassers: MAC HiD W’s CAR

Make safe
Artificial Condition
Highly Dangerous
Warn &
Care when engaging in
Active ops
Reasonable

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Statutory Stds of Care—Replace Common Law if:

Statutory Stds of Care—Replace Common Law if: PC’S PC

Protected Class
Standard of care
Prevent type of harm suffered
Criminal penalty

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Negligence Damages

Negligence Damages: PEE

Physical injury
Economic loss
Emotional injury

Comparative Negligence—Effect of Other Doctrines

Comparative Negligence—Effect of Other Doctrines: EAR No LUCC

Express Assumption of Risk,
No LCC

Assumption of Risk

Assumption of Risk: FORK

Face Of Risk, proceeded in;
Known risk

Strict Liability

Strict Liability: AD AX’D

Absolute Duty to make safe,
Actual & Proximate Cause of injuryDamages

Abnormally Dangerous Acts

Abnormally Dangerous Acts: FRisk RiC Not Common

Foreseeable Risk in face of all Reasonable Care;
Not Common usage in community

Strict L ∆s

Strict L ∆s: ARC

Assumption of Risk
Contributory Negl if P knew of risk & engaged,

Products Liability: Common Elements

Products Liability: Common Elements: DEX’s Con

DefectDefect
Existence
Control by D

Products Liability Design Defect

Products Liability Design Defect: SPeW PI

Safer Product
W/out Price Increase

Products Liability Manufacturing Defect

Products Liability Manufacturing Defect: DID MR ICE?

Departs from Intended Design
Misuse Reasonably anticipated
Ignore Consumer Expectations, failure

Products Liability Warnings

Products Liability Warnings: RNA Risks Not Apparent to consumer

Products Liability—Intent

Products Liability—Intent: KIS PC Knew or Intent Substantially certain consequences Punitive & Compensatory damages

Products Liability—Negligence

Products Liability—Negligence: For CurIe Not E (think Madam Curie & her negligence)Foreseeable P Cursory Inspection clears retailers/wholesalers Not for Economic loss

Products Liability—Strict L.

Products Liability—Strict L.: CoS AX D.A. Not E (think Cosby) Commercial supplier Actual & Proximate cause Defective product w/o alterationNot for Economic lossNot for Economic loss

Products Liability—Strict L ∆s

Products Liability—Strict L ∆s: ARC Assumption of Risk Contributory negl if P knew of risk & engaged

Misrepresentation of Fact

Misrepresentation of Fact: MR IQ, Not ARt ``` Misrepresentation, Reliance, Induced, concerning Quality ∆s: Not Assumption of Risk ```

Express Warranty

Express Warranty: FABulous AX, PEPpy ARC Fact Assertion Basis of bargain Actual/Proximate Cause Personal injury, Economic loss, Property damages ∆s: Assumption Risk, Contributory

Implied Warranty of Merchantability

Implied Warranty of Merchantability: “FOGS” Has PEP goods Fit for Ordinary purpose for which Goods Sold, Horizontal privity Personal injury, Economic loss, Property damages

Implied Warranty Fitness for Particular Purpose

Implied Warranty Fitness for Particular Purpose: PeeRS PEP goods for particular Purpose, & seller knows buyer Relying on seller’s Skill & judgment Personal injury, Economic loss, Property

Public Nuisance

Public Nuisance: SHiP DUCk act unreasonably interferes w/Safety, Health, Property rightsact unreasonably interferes w/Safety, Health, Property rightsDamages Unique to Community (special damages)

Private Nuisance

Private Nuisance: SUE Learned Hand act Substantially & Unreasonably interferes with use & Enjoyment of property,B>PL

Nuisance Remedies

Nuisance Remedies: I RASH Injunctive Relief Abatement by Self Help

Nuisance ∆s

Nuisance ∆s: ZONe C Zoning ordinance (persuasive) Other Negligence theory contributory negligence Coming to Nuisance, where purpose is to sue

Indemnity

Indemnity: V-SKI Vicarious liability Strict Products Liability K Identifiable difference degree of fault