Torts Flashcards
Damages (are/not) relevant to a battery claim
Are not.
A victim of false imprisonment (may/may not) recover for humiliation or emotional distress
may! can recover these damages as an add-on
The remedy for trespass to chattels is
fair market value. This does NOT equal replacement value, just fair market value at the time the trespass occured
The elements of trespass are:
intent to cause physical tangible thing to invade someone else’s land
The intent required for trespass is the intent to
cause physical, tangible thing to invade the land, NOT the intent to actually trespass. Note that intent can be inferred if you know with substantial certainty that it will invade the land.
Mistake of land ownership (is/isn’t) a valid defense to trespass
is NOT
Private necessity is when a defendant invades someone else’s land in order to
save himself or family from harm. NOT liable for trespass but ARE liable for any property damage.
It (does/does not) matter to private necessity that you wouldn’t have needed to invade another’s land had you been using reasonable care
Does NOT matter. That’s a negligence claim. Here, it doesn’t matter whether or not you should have placed yourself in the position where the invasion became necessary. As long as it was necessary for you to avoid harm, you aren’t liable for trespass (but are liable for the damage you caused)
IIED (does/does not) require physical injury
does NOT
As a rule, NIED (does/does not) require physical injury. However, two exceptions are
mishandling of a corpse or misreporting of a death
As soon as you see negligence, pick a question that addresses whichever of he four elements are missing. The four are
duty, breach, causation (but for and proximate) and damages
If am employer hires an employee and the employee causes injury to a third person, the employer could be liable for
negligent hiring
Negligent hiring does not require that the employee was acting within ________ when he harmed somebody
the scope of his employment
Whether a child doing a child’s activity breached a duty of care is evaluated by asking whether
a child of the same age, education, intelligence, and experience would have done the same thing
A landowner owes a duty to invitees to
inspect and make the land safe
An invitee’s status can become extinguished if the invitee
exceeds the scope of their status on the land. They can then become an anticipated trespasser
Unless stated otherwise, all tort damages against multiple defendants are generally allocated using _______
joint and several liability
The strict products liability rule is:
Generally, one who sells products in a defective condition unreasonably dangerous to users or consumers is held strictly liable for resulting harm or injury that occurs
A plaintiff suing on a theory of strict products liability can sue anyone in the chain of sale as long as
the product was defective when it left the defendant’s control
To voluntarily assume a risk, a plaintiff has to
know of the risk and voluntarily assume it
A plaintiff does not have to purchase the product from the defendant to hold them liable for strict products liability, it only has to be a
foreseeable user or consumer
Injuries incurred while fleeing from a wild animal (are/are not) foreseeable
ARE. And it doesn’t really matter how dangerous or not dangerous the animal is subjectively. If you can’t domesticate it, it’s dangerous.
Injuries incurred while feeling from a dangerous or ultrahazardous activity (are/are not) foreseeable
are
All four privacy torts require publication except
intrusion to solitude.
CLIP: Commercial Appropriation, False Light, Intrusion to Solitude, and Public Disclosure of Private Facts
