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Mnemonics > Torts > Flashcards

Torts Flashcards

1
Q

Transferred Intent Applicable to

A

Transferred Intent Applicable to: F-CABLe

False imprisonment;
Chattels, trespass to
Assault;
Battery; or
Land, trespass to
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2
Q

Attractive Nuisance Reqts

A

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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3
Q

Duty to Licensees

A

Duty to Licensees: LiP W/DiC

Licensee’s Purpose
Warn
Dangerous Condition

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4
Q

∆ to Intentional Torts

A

∆ to Intentional Torts: DO CSPAN

Discipline of children
Others, defense of
Consent
Self defense
Property, defense of
Arrest privilege
Necessity
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5
Q

Duty to Invitees

A

Duty to Invitees: I’M WOP

Inspect
Make safe
Warn
Owner’s Purpose

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6
Q

Duty to Unpaid Recreational User

A

Duty to Unpaid Recreational User: Not MoW

Not liable unless
Malicious & Willful failure

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7
Q

Defamation Not On Face—Inducement, Innuendo, & Colloquium

A

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

Meaning = Innuendo
Inducement = Statement
Person referred = Colloquium

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8
Q

Slander—Must Prove Special Damages

A

Slander—Must Prove Special Damages: SPeciaL

Slander—Must Prove Special Damages: SPeciaLSpecial
Pecuniary
Loss

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9
Q

Duty of Lessor

A

Duty of Lessor: WoK

Warn of Known/Knowable defects

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10
Q

Privacy Damages

A

Privacy Damages not SPeciaL

Special Pecuniary Loss not required

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11
Q

Intentional Misrepresentation

A

Intentional Misrepresentation: MISC. JaRS

Misrepresentation
Intent
Scienter
Causation
Causation
Justifiable Reliance
SPeciaL: Special Pecuniary Loss
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12
Q

Negligent Misrepresentation

A

Negligent Misrepresentation: PM BaCkeD JR

Professional capacity Misrepresentation
Breach
Causation
Damages
Justifiable Reliance
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13
Q

Duty to Those Off Premises

A

Duty to Those Off Premises: A CUD

duty for Artificial Condition
Unreasonably Dangerous

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14
Q

Duty to Discovered Trespassers

A

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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15
Q

Statutory Stds of Care—Replace Common Law if:

A

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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16
Q

Negligence Damages

A

Negligence Damages: PEE

Physical injury
Economic loss
Emotional injury

17
Q

Comparative Negligence—Effect of Other Doctrines

A

Comparative Negligence—Effect of Other Doctrines: EAR No LUCC

Express Assumption of Risk,
No LCC

18
Q

Assumption of Risk

A

Assumption of Risk: FORK

Face Of Risk, proceeded in;
Known risk

19
Q

Strict Liability

A

Strict Liability: AD AX’D

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

20
Q

Abnormally Dangerous Acts

A

Abnormally Dangerous Acts: FRisk RiC Not Common

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

21
Q

Strict L ∆s

A

Strict L ∆s: ARC

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

22
Q

Products Liability: Common Elements

A

Products Liability: Common Elements: DEX’s Con

DefectDefect
Existence
Control by D

23
Q

Products Liability Design Defect

A

Products Liability Design Defect: SPeW PI

Safer Product
W/out Price Increase

24
Q

Products Liability Manufacturing Defect

A

Products Liability Manufacturing Defect: DID MR ICE?

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

25
Q

Products Liability Warnings

A

Products Liability Warnings: RNA

Risks Not Apparent to consumer

26
Q

Products Liability—Intent

A

Products Liability—Intent: KIS PC

Knew or
Intent
Substantially certain consequences
Punitive & Compensatory damages

27
Q

Products Liability—Negligence

A

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

28
Q

Products Liability—Strict L.

A

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

29
Q

Products Liability—Strict L ∆s

A

Products Liability—Strict L ∆s: ARC

Assumption of Risk
Contributory negl if P knew of risk & engaged

30
Q

Misrepresentation of Fact

A

Misrepresentation of Fact: MR IQ, Not ARt

Misrepresentation,
Reliance,
Induced,
concerning Quality
∆s: Not Assumption of Risk
31
Q

Express Warranty

A

Express Warranty: FABulous AX, PEPpy ARC

Fact Assertion Basis of bargain
Actual/Proximate Cause
Personal injury, Economic loss, Property damages
∆s: Assumption Risk, Contributory

32
Q

Implied Warranty of Merchantability

A

Implied Warranty of Merchantability: “FOGS” Has PEP

goods Fit for Ordinary purpose for which Goods Sold,
Horizontal privity
Personal injury, Economic loss, Property damages

33
Q

Implied Warranty Fitness for Particular Purpose

A

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

34
Q

Public Nuisance

A

Public Nuisance: SHiP DUCk

act unreasonably interferes w/Safety, Health, Property rightsact unreasonably interferes w/Safety, Health, Property rightsDamages Unique to Community (special damages)

35
Q

Private Nuisance

A

Private Nuisance: SUE Learned Hand

act Substantially & Unreasonably interferes with use & Enjoyment of property,B>PL

36
Q

Nuisance Remedies

A

Nuisance Remedies: I RASH

Injunctive Relief
Abatement by Self Help

37
Q

Nuisance ∆s

A

Nuisance ∆s: ZONe C

Zoning ordinance (persuasive)
Other
Negligence theory contributory negligence
Coming to Nuisance, where purpose is to sue

38
Q

Indemnity

A

Indemnity: V-SKI

Vicarious liability
Strict Products Liability
K
Identifiable difference degree of fault

Mnemonics (3 decks)

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