Torts Flashcards
What is true of a private nuisance claim?
Person suffers from substantial and unreasonable inference in use and enjoyment of land
- Someone who is not ACTUALLY bothered may still have a cause of action for nuisance if it would bother an ordinary reasonable person
How are damages calculated when the parties sue and countersue?
The plaintiff gets awarded damages (based on calculations of relative fault) and the defendant gets awarded damages (based on calculations of relative fault). The two are subtracted from eachother
What is a guest statute?
A statute that holds drivers liable only for grossly negligent, wanton, or willful misconduct
Mostly abandoned and drivers have a general duty of reasonable care
What is trespass to chattels?
Intentional interference with the plaintiff’s right of possession by either:
- Dispossessing the plaintiff of the chattel
- Using or intermeddling with the plaintiff’s chattel (need to prove actual damages)
What is the firefighter’s rule?
An emergency professional is barred from recovering damages from the party whose negligence caused the injury if the injury results from a risk inherent in the job
What is the economic loss rule?
A plaintiff who suffers only economic loss without any related personal injury or property damage cannot recover such loss through a negligence action
When is the owner of the wild animal strictly liable for an injury to a plaintiff’s fearful reaction to the sight of the wild animal?
When the wild animal is unrestrained
What is misappropriation of the right to publicity?
- Defendant was unauthorized in appropriating the plaintiffs name, likeness, or identity
- For the defendants advantage, commercial or otherwise
- Lack of consent
- Resulting in injury
What is true of res ipsa loquitor?
Can be used against multiple defendants if the plaintiff is unable to prove who among them was negligent, but this is generally used against parties who are at least acting in concert
When can a rescued person be sued by the rescuer?
If the rescued person negligently puts either the rescued party or the rescue were in danger, then he is liable for the rescuers injuries
What is intentional interference with a contract?
- Valid contract existed between the plaintiff and a third party
- The defendant knew of the contractual relationship
- The defendant intentionally interfered with the contract, causing a breach
- The breach caused damages to the plaintiff
Can a service provider be subject to strict liability due to a defect?
No. Only seller of goods can be held strictly liable for a defect
Can a plaintiff who suffers only economic loss recover through a negligence action?
No.
What is required for intentional misrepresentation?
Misrepresentation of a material fact
Defendant must have known representation to be false
Defendant intended to induce plaintiff
Misrepresentation caused plaintiff to act or refrain from acting
Plaintiff’s reliance was justifiable
Plaintiff must prove actual economic loss
What damages follow from conversion?
The full value of the property at the time of the conversion
