Torts Flashcards
Transferred Intent Applicable to
Transferred Intent Applicable to: F-CABLe
False imprisonment; Chattels, trespass to Assault; Battery; or Land, trespass to
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
Duty to Licensees
Duty to Licensees: LiP W/DiC
Licensee’s Purpose
Warn
Dangerous Condition
∆ to Intentional Torts
∆ to Intentional Torts: DO CSPAN
Discipline of children Others, defense of Consent Self defense Property, defense of Arrest privilege Necessity
Duty to Invitees
Duty to Invitees: I’M WOP
Inspect
Make safe
Warn
Owner’s Purpose
Duty to Unpaid Recreational User
Duty to Unpaid Recreational User: Not MoW
Not liable unless
Malicious & Willful failure
Defamation Not On Face—Inducement, Innuendo, & Colloquium
Defamation Not On Face—Inducement, Innuendo, & Colloquium: MaI IS PC
Meaning = Innuendo
Inducement = Statement
Person referred = Colloquium
Slander—Must Prove Special Damages
Slander—Must Prove Special Damages: SPeciaL
Slander—Must Prove Special Damages: SPeciaLSpecial
Pecuniary
Loss
Duty of Lessor
Duty of Lessor: WoK
Warn of Known/Knowable defects
Privacy Damages
Privacy Damages not SPeciaL
Special Pecuniary Loss not required
Intentional Misrepresentation
Intentional Misrepresentation: MISC. JaRS
Misrepresentation Intent Scienter Causation Causation Justifiable Reliance SPeciaL: Special Pecuniary Loss
Negligent Misrepresentation
Negligent Misrepresentation: PM BaCkeD JR
Professional capacity Misrepresentation Breach Causation Damages Justifiable Reliance
Duty to Those Off Premises
Duty to Those Off Premises: A CUD
duty for Artificial Condition
Unreasonably Dangerous
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
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
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
