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Barbri > Torts > Flashcards

Torts Flashcards

1
Q

Intentional Torts - Transferred Intent Applies to:

A
  • Assault
  • Battery
  • False imprisonment
  • Trespass to land
  • Trespass to chattels
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2
Q

Intentional Torts - Damages required for:

A
  • IIED
  • Trespass to chattels
  • Conversion
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3
Q

Tortious Intent

A

D must intend the consequences of his act:

  • Act
  • Intent
  • Causation
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4
Q

False Imprisonment

A
  • Act by D intended to confine P w/in fixed boundaries
  • P must be conscious of confinement or harmed by it
  • Damages not required
  • Time of confinement irrelevant
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5
Q

IIED

A
  • Extreme and outrageous act intended or substantially certain to cause severe emotional distress
  • Damages required, but physical injury not required
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6
Q

Trespass to Land

A

Intent for physical, tangible thing to enter another’s land

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7
Q

Necessity

A
  • Private Necessity - D enters to save himself, family, or one other member of community; D will be liable for damages to property
  • Public Necessity - D enters to save members (multiple) of community; no liability for damages
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8
Q

Conversion

A
  • Act of dominion and control intended or substantially certain to cause serious interference w/ P’s right to immediate possession
  • Remedy: FMV at the time of conversion
  • Mistake is no defense to conversion
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9
Q

Trespass to Chattels

A

Minor interference w/ P’s personal property; damages are the cost of repairs

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10
Q

Negligence - Standard of Care

A
  • General Rule: D owes duty of ordinary and reasonable care under circumstances
  • Physical Disability: D owes duty of reasonable care for a person w/ that disability
  • Mental deficiency is not an excuse for negligent conduct
  • Professionals are held to a higher standard of care!
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11
Q

Negligence - Directed Verdict

A

○ P has to show duty and breach to avoid defense motion for directed verdict
○ P’s mtn for directed verdict is almost always denied b/c almost always triable issue of fact for jury
D mtn for directed verdict usually denied

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12
Q

Vicarious Liability

A
  • Respondeat Superior - vicariously liable only for negligent act of subordinate
  • Exception: Where force is inherent in nature of employment, superior can be liable for intentional acts
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13
Q

Unknown Trespasser

A

No duty

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14
Q

Known or Anticipated trespasser

A

Must warn of known, dangerous, artificial conditions

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15
Q

Licensee or Social Guest

A

Duty to warn of known, dangerous, artificial, or natural conditions.
- Only for hidden conditions

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16
Q

Invitee

A

Duty regarding known, dangerous, artificial, or natural conditions.
- Must inspect and make safe

17
Q

Attractive Nuisance

A

Possessor of land is liable if:
- Artificial, dangerous condition exists on land
- Possessor knows or should know children are likely to trespass
- Child, because of age or immaturity, fails to realize risk or appreciate danger involved
Utility of maintaining condition is slight compared to risk involved

18
Q

Negligence per se

A
  • Presumption of negligence
  • Breach of statutory duty of care which creates presumption of negligence
  • P must be member of class of persons statute designed to protect
  • P’s harm must be of the type statute intended to protect
  • Defense:
    When D is confronted w/ emergency beyond his control
19
Q

Pure COMPARATIVE Negligence

A

P can recover no matter his portion of damages.

This is the assumption on MBE!

20
Q

MODIFIED Comparative Negligence

A

P can only recover if less than 50% at fault

21
Q

Traditional CONTRIBUTORY Negligence

A

P cannot recover if P was negligent.

Rebuttals:

  • Last clear chance - D had last clear chance to avoid P’s harm and failed to do so.
  • D’s conduct more egregious than P
22
Q

Joint and Several Liability

A

Each tortfeasor is liable for full amnt of P’s harm

23
Q

Products Liability

A
  • A commercial seller is strictly liable for any defective condition unreasonably dangerous existing at the time of sale
  • Class of Ps: any foreseeable user, consumer, or bystander
  • Class of Ds: any commercial seller (all up manufacturing chain)
24
Q

Products Liability - Defenses

A
  • Assumption of risk - complete defense to products liability
  • Product misuse
  • Warnings
  • If harm has never occurred before, then not knowing about the mnf defect is a defense
  • Contributory negligence is no defense!
  • Reasonable misuse is foreseeable and NOT a defense!
25
Q

Strict Liability

A

Breach of absolute duty of care proximately causing harm to P:

  • Abnormally dangerous activities – the activity itself has to cause the harm
  • Ultrahazardous activities
  • Wild animals
26
Q

Defamation - Elements

A

(DPDPD)

  • D - Defamatory statement of fact
  • P - publication to any third party who reasonably understands
  • D - damages: general (injury to reputation; presumed); special damages (pecuniary loss; not required for slander per se or libel)
  • P - Plaintiff’s status
  • D - Defenses
27
Q

Defamation - Plaintiff’s Status

A
  • P has to prove fault and falsity
  • If public figure or official, P must prove malice - knowing falsity or reckless disregard to truth
  • If private person:
    □ Matter of public concern - P must show negligence
    □ Matter of private concern - P only has to show publication
28
Q

Invasion of Privacy

A 
- Types:
	○ False light (publication needed)
	○ Commercial appropriation (publication needed)
	○ Public disclosure of private facts (publication needed)
	○ Intrusion (no publication required) 
- Special damages not required
- Truth is no defense
- Consent is best defense
- Privacy actions do not survive death
29
Q

Private Nuisance

A
  • Substantial and unreasonable interference w/ P’s use and enjoyment of his land
  • To determine unreasonableness, court uses balancing test: utility of D’s conduct against gravity of harm to P
    ○ If utility outweighs harm, no injunction, but can get damages
30
Q

Common Carriers

A

Have duty to inspect vehicles and make them safe

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