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Attack Cards > Torts > Flashcards

Torts Flashcards

1
Q

Battery

A
  1. Intentional (voluntary and substantially certain that act will cause..)
  2. harmful or offensive contact
  3. to P’s person
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2
Q

Assault

A

Intentional act that causes reasonable apprehension of imminent harmful or offensive contact with the P’s person.

P must be aware of D’s act AND D is able to commit act

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3
Q

False Imprisonment

A

Act or omission that causes P to be restrained to a bounded area.

Restraint does not need to be physical or confined to one place.

P must be aware of confinement OR physically harmed by it

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4
Q

Intentional Infliction of Emotional Distress

A

P must show:

  • extreme and outrageous conduct by D
  • intent or recklessness
  • D’s act caused extreme emotional distress, AND
  • P actually suffered severe emotional distress
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5
Q

Bystander IIED

A
  • present when injury incurred
  • P is a close relative to victim
  • D knew P was present and a close relative
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6
Q

Trespass to Land

A

Intentional physical invasion of P’s real property

Reckless or negligent entries only subject to liability if D causes harm to land

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7
Q

Trespass to Chattel

A

Intentional interference with P’s right of possession in chattel. Amount of damages is small

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8
Q

Conversion

A

Same as chattel but the amount of damage is so substantial that D is liable for the full market value of the chattel involved.

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9
Q

Transferred Intent

A

Still liable if you meant to hit X by hit Y instead

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10
Q

Intentional Tort Defense: Consent

A

Express or implied through words or conduct. D/s actions CANNOT exceed bounds of consent given.

NOTE: Cannot consent to a crime

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11
Q

Intentional Tort Defense: Necessity

A

Public Necessity - If intrusion was for the the protection of the community as a whole, NO liability for trespass and damages

Private Necessity - If to protect own interest, not liable for trespass, BUT liable for actual damage

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12
Q

Intentional Tort Defense: Self-Defense/ Defense of Others

A

D reasonably believed that P was going to harm him or another, AND D used only amount of force that was reasonably necessary to protect himself or another

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13
Q

Shopkeeper’s Privilege

A

Shopkeeper may detain for reasonable time and manner if reasonably believes person committed theft in order to conduct an investigation

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14
Q

Prima facie case of neglience

A
  • Duty
  • Breach
  • Causation: Actual and Proximate
  • Damages

Must show sufficient evidence for each element for it to be a prima facie case

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15
Q

To whom is a duty owed?

A

Every person has duty to act as a reasonable person would in similar circumstances.

Duty owed to all foreseeable plaintiffs
(Cardozo view: foreseeable Ps in zone of danger)

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16
Q

Affirmative duty rule

A

No general duty to act affirmatively.

Duty arises if there is a legal relationship

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17
Q

Child’s duty of care

A

Under 4 yrs old: NO liablity.

4-18 yrs old: care of a child of similar age, intelligence and experience under similar circumstances, UNLESS child is engaged in adult activity

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18
Q

Landlord’s Duty to Tenants

A

Landlord has a duty to take reasonable precautions to protect tenants against foreseeable attacks

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19
Q

Attractive Nuisance

A

Landowner owes a duty to child trespassers to warn of or make safe ARTIFCIAL conditions on his land.

Reqts:

  • dangerous condition on land that landowner knows or should have been aware of
  • owner knows or should know that kids frequent the area, AND
  • risk of harm outweighs the expense of making the conditions safe
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20
Q

Reasonable Person Standard

A

Every person owes a duty to act as a reasonable prudent person would act under the circumstances

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21
Q

Landowners Standard of Care: Undiscovered trespassers

A

No duty of care, but no traps

22
Q

Landowners Standard of Care: Discovered/Anticipated Trespassers

A

Duty to warn of concealed dangerous artificial conditions

No duty to inspect or repair

23
Q

Landowners Standard of Care: Licensees

A

Social guests.

Duty to warn of all KNOWN dangerous conditions that are not apparent to guest

24
Q

Landowners Standard of Care: Invitee

A

Business guests

Duty to warn of all KNOWN dangerous conditions AND any dangerous condition that could be discovered through reasonable inspection

25
Q

Negligence Per Se

A

Statute can be used to substitute common law duty of care. Duty and breach assumed if statute is violated. For causation and damages, P must show

  • statute’s purpose is to prevent the type of injury, AND
  • P was in the class of persons the statute was meant to protect
26
Q

Res Ipsa Loquitor

A

“thing speaks for itself”

  • injury does not typically occur in the absence of negligence, AND
  • thing/object that caused injury was in D’s exclusive control
27
Q

Causation

A

Actual Cause: “But for” test - but for D’s negligence, P would not have been injured

Proximate Cause: Injury was foreseeable to D that his breach would cause this type of injury

28
Q

Intervening Cause

A

Any act that occurs after D’s breach that contributes to the harm. D still liable if foreseeable.

Superseding cause, if intervening cause was unforeseeable/foreseeable AND causes an unforeseeable injury, then D will not be liable

29
Q

Eggshell Plaintiff Rule

A

D is liable for all harm a P suffers as a result of his conduct, EVEN if P suffers from a preexisting mental or physical condition that makes the harm worse than it wold have been

30
Q

Comparative negligence

A

P partly contributed to his injury. Jury assigns % of fault.

Pure compar. neg. - P’s damage reduced by percentage of his fault

Partial compar. neg. - P recovers % of fault if fault is less than 50%. If greater than 50%, claim is barred

31
Q

Contributory negligence

A

Minority view - if P contributed to his own injury, then barred from recovery. EXCEPT:

  • when D had last clear chance to avoid accident, OR
  • D was reckless
32
Q

Assumption of Risk

A

Defense to negligence. P knew of the risk and voluntarily proceeded.

33
Q

Negligent infliction of emotional distress

A

P must show:

  • D was negligent
  • P was within zone of physical danger
  • physical manifestation of that stress
34
Q

Respondeat Superior

A

Employer is liable for an employee’s negligent acts if employee was acting within scope of employment.

No employer liability for intentional torts, UNLESS:

  • authorized or ratified by employer
  • part of the nature of the job, OR
  • motivated by desire to benefit employer
35
Q

Joint and Several Liability

A

If two or more negligent are proximate cause to P’s injury, then P may recover the entire amount from any one of the Ds

36
Q

Doctrine of Alternative Liability

A

If multiple Ds are negligent, but unclear which one caused P’s injuries, jury can find that ALL Ds are liable

37
Q

Indemnification

A

Shifts loss between or among tortfeasors (comes up in VL or by contract)

Basically, a D is entitled to indemnity if D is passive tortfeasor and seeks to assert its claim against an active tortfeasor. Can recover full amount from active tortfeasor.

38
Q

Contribution

A

Theory of recovery when there are joint tortfeasors.

Joint tortfeasor can seek contribution from other joint tortfeasors for their percentage of fault.

39
Q

Defamation requirements

A
  • Defamatory language concerning P
  • published by D to a third party, AND
  • damages
40
Q

Slander

A

An oral defamatory statement. Need to show economic harm.

Slander per se categories, presume damages:

  • business integrity or skill
  • unchastity about an unmarried woman
  • loathsome disease
  • crime of moral turpitude
41
Q

Libel

A

Defamation embodied in some permanent format. Does not need to prove damages.

42
Q

Defamation of public figure

A

Must prove malice (D knows statement is not true or acted in reckless disregard in making statement

43
Q

Defamation of private figure

A

Must only prove negligence. Showing of damage required.

If malice proved, than damages are presumed

44
Q

Intentional Interference with Business relations

A
  • P had a valid contract or business relationship
  • D knew of contract/relationship
  • D intetionally interfered to induce breach or termination
  • contract/relationship ended, AND
  • P suffered damages
45
Q

Intentional Misrepresentation (Fraud/Deceit)

A
  • D made misrepresentation of material fact
  • D knew statement was false
  • intended to induce P
  • P relied on info, AND
  • damages
46
Q

Negligent Misrepresentation

A
  • D owed duty to P (special relationship to give correct information)
  • D made false representation that they should have known was incorrect
  • D knew info was going to be used by P in a serious matter
  • P relied on info
  • damages
47
Q

Nuisance: Public and Private

A

Public: unreasonable interference w/ health, safety or property rights of the community

Private: substantial and unreasonable interference with a person’s use or enjoyment of their property

48
Q

Strict liability for animals

A

Wild animals - strict liability, no excuses

Domestic animals - liability if owner has knowledge of the animal’s vicious propensities

49
Q

Ultra hazardous activity

A

Strict liability

  • inherently dangerous
  • uncommon to the area
  • cannot be made safe
  • risk of activity outweighs its social utility
50
Q

Strict product liability

A

P must show

  • D was a merchant dealing in goods of this type
  • defective product when it left hands of the manufacturer/seller
  • P used it in an intended or unintended foreesable way
51
Q

Types of product defects

A

Manufacturing defect - product differs from other off the assembly and failed to perform as safely as an ordinary consumer would expect

Design defect - there was a safer, more practical and more cost effective way to build the product

Inadequate (failure to) warning - P was not warned of risks regarding use of product, which are not obvious to an ordinary user. Warning must be proportional to risk of use

Attack Cards (11 decks)

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