Torts Flashcards
Intent (2)
(1) Specific: purpose in acting is to bring about specific consequences
(2) General: actor knows with substantial certainty that these consequences will result
Torts that transferred intent applies to (5)
(1) Assault
(2) Battery
(3) False imprisonment
(4) Trespass to land
(5) Trespass to chattels
Battery (4)
(1) Harmful or offensive contact
(2) To P’s person
(3) Intent
(4) Causation
Assault (4)
(1) Act by D creating a reasonable apprehension in P (words alone are not sufficient)
(2) Of immediate harmful or offensive contact to P’s person
(3) Intent
(4) Causation
False Imprisonment (3)
(1) Act or omission on the part of D that confines or restrains P to a bounded area
(2) Intent
(3) Causation
Intentional Infliction of Emotional Distress (4)
(1) Act by D amounting to extreme and outrageous conduct
(2) Intent or recklessness
(3) Causation (in bystander cases, requires (i) presence; (ii) close relative of injured person; (iii) D knew (i) & (ii)
(4) Damages (severe emotional distress)
Trespass to Land (3)
(1) Physical invasion of P’s real property
(2) Intent
(3) Causation
Trespass to Chattels (4)
(1) Act by D that interferes w/ P’s right of possession in chattel
(2) Intent
(3) Causation
(4) Damages
Conversion (4)
(1) Act by D that interferes w/ P’s right of possession in chattel
(2) Interference is so serious that it warrants requiring D to pay chattel’s full value
(3) Intent
(4) Causation
Defenses to Intentional Torts (5)
(1) Consent
(2) Self-defense; Defense of others; Defense of property
(3) Privilege of arrest
(4) Necessity (public and private)
(5) Discipline (parents or teachers)
Defamation (6)
(1) Defamatory language
(2) Of or concerning the P
(3) Publication by D to a 3d person (communication of defamation to 3d person who understands it)
(4) Damage to P’s reputation (libel does not require proof of damages; slander does require proof of special damages (unless slander per se (adversely reflects on someone’s conduct in business or profession; loathsome disease; guilty of crime involving moral turpitude; or woman is unchaste))).
(5) Falsity of the defamatory language
(6) Fault on part of D (public figure -> actual malice (knowledge or reckless disregard of falsity); private person & matter of public concern -> negligence).
Defenses to Defamation (4)
(1) Consent
(2) Truth
(3) Absolute privilege (judicial proceedings; remarks made by legislators in legislative proceedings; between spouses, etc.)
(4) Qualified privilege
Invasion of Right to Privacy (four torts)
(1) Appropriation of P’s Picture or Name (unauthorized use of P’s picture or name for D’s commercial advantage
(2) Intrusion on P’s Affairs or Seclusion (prying or intruding into P’s privacy that is highly offensive to a reasonable person)
(3) Publication of Facts Placing P in False Light (attributing to P views he does not hold or actions he did not take; must be highly offensive to a reasonable person; must be publicity)
(4) Public Disclosure of Private Facts About P (Public disclosure must be highly offensive to reasonable person of ordinary liabilities)
+ Causation
Intentional Misrepresentation (6)
(1) Misrepresentation of a material past or present fact
(2) Scienter (D knew or believed statement was false or there was no basis for it when she made it)
(3) Intent to induce P to act or refrain from acting in reliance on the misrepresentation
(4) Causation (actual reliance)
(5) Justifiable reliance
(6) Damages
Negligent Misrepresentation (5)
(1) Misrepresentation by D in a business or professional capacity
(2) Breach of duty toward a particular P
(3) Causation
(4) Justifiable reliance
(5) Damages
Interference with Business Relations (4)
(1) Existence of a valid contractual relationship between P and 3d party or valid business expectancy of P
(2) D’s knowledge of the relationship or expectancy
(3) Intentional interference by D inducing a breach or termination of the relationship or expectancy
(4) Damages
Prima Facie Case for Negligence (4)
(1) A duty on the part of D to conform to a specific standard of conduct for protection of P against unreasonable risk of injury
(2) A breach of that duty by D
(3) Breach is actual and proximate cause of P’s injury
(4) Damages
Duty of Care
A duty of care is owed to all foreseeable Ps. If the D’s conduct creates an unreasonable risk of injury to persons in the position of the P, the general duty of care extends from the D to the P. The extent of the duty is determined by the applicable standard of care.
Basic Standard of Care
Objective standard of what the average person would do. Mental deficiencies and inexperiences of D not taken into account but physical characteristics are.
Professional Standard of Care
The knowledge and skill of a member of the profession or occupation in good standing in similar communities. (But medical specialists are held to a national standard of care.)
Children Standard of Care
Held to standard of a child of like age, education, intelligence, and experience.
Emergency Situation Standard of Care
D must act as a reasonable person would under the same emergency conditions.
Duty of possessor of land to those on premises (4)
(1) Undiscovered trespasser –> no duty
(2) Discovered/anticipated trespasser –> (a) warn of or make safe concealed, unsafe, artificial conditions known to landowner involving risk of death or serious bodily harm and (b) use reasonable care in the exercise of active operations on the property
(3) Licensess –> (a) warn of or make safe dangerous conditions known to the owner that create unreasonable risk of harm to licensee that licensee is unlikely to discovery (b) exercise reasonable care in conduct of active operations
(4) Invitees –> Same duties as licensees + duty to make reasonable inspections to discover nonobvious dangerous conditions and make them safe.
Duty of Lessee
General duty to maintain the premises
