Torts Flashcards
prima Facie Case
Act by defendant
Intent
Causation
Battery
Harmful or offensive contact
intent
causation
(no actual damages required
Transferred intent
when intend to commit tort against one prson but commits against different person, or commits different tort against intended person, or commits diff tort against diff person
Assault
Reasonable apprehension (knowledge) of immediate harmful or offensive conduct
intent
causation
(over act required, not just words. Also no damages required)
False Imprisonment
confines or restrains plaintiff to bounded area
intent
causation
(no damages required)
Shopkeepers privilege
Reasonable belief as to the fact of theft
Detention conducted in reasonable manner
Detention only reasonable period of time for investigation
Intentional Infliction of Emotional Distress
Act amounting to extreme or outrageous conduct
intent to cause severe emotional distress or reckelessness as to effect of conduct
Causation
Damages- severe emotional distress
Trespass to Land
Act of Physical invasion
intent
causation
(no requirement of damages)
Trespass to chattels
Interferes with plaintiffs right of possession
intent to perform the act
causation
damages
Conversion
Defendant interferes with right of possession serious enough to warrant defendant pay full value of chattel
intent
causation
Defenses to intentional torts
Consent Self Defense Defense of others Defense of property Reentry onto land Recapture of Chattels Privilege of Arrest Necessity
Self Defense
Reasonable belief
retaliation not allowed
retreat not necesary
not available to aggressor
Defamation
Defamatory language of or concerning the plaintiff publication damage to reputation (for public figure also requires) Falsity Fault on part of defendant
Libel
Defamatory statement recorded in writing or other permanent form - Damages presumed
Slander
Spoken defamation
Actual Malice
Required when defaming public officials
Knowledge that the statement is false
or reckless disregard to its truth or falsity
Invasion of right to privacy
Appropriation of plaintiff’s pic for commercial advantage
intrusion on plaintiffs affairs or seclusion
False light
public disclosure of private facts
Appropriation
Unauthorized use for defendant’s commercial advantage
Intrusion on plaintiffs affairs or seclusion
act of prying or intruding
highly offensive to reasonable person
private
Publication of Facts placing plaintiff in false light
facts that put plaintiff in false light
highly offensive to reasonable person
actual malice when in the public interest
Negligence
duty to conform to a specific standard of conduct
Breach
Actual and proximate cause
damage
General Duty of Care
ordinary, prudent, reasonable person
Owed to foreseeable plaintiffs, sometimes unforseeable plaintiffs (zone of danger)
Professional conduct
required to possess and exercise the knowledge and skill of a member of the profession in good standing (more than reasonable person standard)
Children Standard of CAre
Like age, education, intelligence, and experience- subjective!
No kids under age of 4
Duty owed to unknown trespasser
none
duty owed to discovered trespassers/anticipated trespassers
warn or to make safe artificial conditions known to involve risk of death or serious bodily harm
Attractive Nuisance
exercise ordinary care
dangers condition
owner knows young children frequent location
condition likely to cause injyr
remdying situation is slight compared to risk
Licensee
enters land for own purpose- not benefit of landowner
Duty to make safe or warn of known dangers conditions
Invitee
Heldo open to public, like a business
same duties as licensee plus duty to make reasaonable inspections
