Torts Flashcards
What are the four elements of negligence?
Duty, Breach, Causation, and Damages.
Standard of care for negligence?
objective reasonably prudent person standard
Explain causation:
Plaintiff must prove that defendant’s actions were both the actual cause (but-for causation) and the proximate cause (scope of liability – defendant is liable for reasonably foreseeable consequences from his conduct)
Defenses to Negligence?
contributory negligence, comparative-fault, consent, and assumption of the risk
When does strict liability apply?
Strict liability applies to Dangerous activities, Animals, and Defective or dangerous products. Elements include an absolute duty, breach, causation, and damages.
What is strict products liability?
Strict products liability is when a manufacturer or supplier of a product can be held liable if plaintiff can prove (1) defective product, (2) defect existed at the time the product left defendant’s control, and (3) defect cause plaintiff’s injuries when used in an intended or reasonably foreseeable way.
What does defamation require?
Defamation requires (1) defamatory language; (2) of or concerning the plaintiff; (3) published to a third party who understands its defamatory nature; and (4) it damages the plaintiff’s reputation. If public official or public figure – plaintiff must prove actual malice.
Difference between libel and slander?
Written defamation = Libel, whereas spoken defamation = Slander.
What is battery?
Harmful or offensive contact with the plaintiff.
What is assault?
Act or threat that places the plaintiff in reasonable apprehension of imminent harmful or offensive contact.
What is Intentional Infliction of Emotional Distress?
Extreme and outrageous conduct by defendant causing severe emotional distress to plaintiff.
What is false Imprisonment?
Intentional confinement or restraint by defendant for any amount of time.
