Torts Flashcards
IIED - 1-Public Figures/Concerns; 2-Private Figure/Public Concern
1-Public Figures/Concerns: must show a) falsity; and b) actual malice. 2-Private Plaintiff cant recover if public concern.
Abnormally Dangerous Animals. 1-Dangerous propensities + Harm; 2-Trespassing but not Dangerous 3-Straying Pets onto Public
1-Dangerous Propensity Animals - Strict Liability for harm. 2-Trespassing pets - Strict Liability for reasonably foreseeable damage if K or has reason to K that pet is intruding on other. 3-Negligence standard for pet strays onto public roads.
Res ipsa loquitur elements (3) and last element has two wrinkles.
RIL Elements: 1) No injury would typically occur absent negligence. 2) P not responsible for it. 3) Ps injury under Ds exclusive control. 3A) ignore exclusivity in product liability when Man. wrapped package or its clear negligence happened during production. 3B) Medical Personnel broadly interpret exclusivity so multiple doctors doesn’t defeat the element.
Standard for Possessors of Land:
1) Trespassers
- Discovered; Undiscovered; Attractive Nuisance.
2) Invitee
- Majority; Recreational Land Use exception
3) Licensee
- Majority; RS 3d;
4) LLs; Ts
5) Off-Premises Victims
1) Trespassers: refrain from recklessness and above. Discovered: warn or protect against concealed, dangerous, artificial. Undiscovered: No duty unless negligent you don’t know TPers on land. Attractive Nuisance: Negligent standard if artificial condition posing unreasonable risk of SBI attracts children.
2) Invitee: Reasonable care, non-delegable. Recreational Land Use: open land to public → not liable unless charges a fee; or grossly negligent.
3) Licensee: Warn of known/obvious concealed dangers; reasonable care. RS 3d: reasonable care all the time, except for flagrant trespassers then only not extreme reckless and above.
4) LLs: common areas, hidden dangers ou failed to warn about; public use and negligent repair; hazard agreed to repair. Ts: liable for conditions within control.
5) Off-premises: Natural condition → no duty except fallen trees in urban areas; artificial condition: negligence standard.
IIED and 3d-Parties (2)
1 - Member of Immediate Family. Don’t need bodily injury. Don’t need contemporaneous perception. 2- Bystander and bodily injury. Need contemporaneous perception.
Invasion of Privacy Torts. IFLAP
1) Intrusion upon seclusion;
2) False light
3) Misappropriation
4) Public disclosure of private facts
1) Intrusion upon seclusion: No publication required. Intrusion into affairs; highly offensive to reasonable person.
2) False Light: Truth not always a defense. Public interest → P must show malice. Publication or attribute views/actions to P. Objective standard.
3) Misappropriation: unauthorized use of picture/name for Ds advantage; no consent; injury.
4) Public disclosure of private facts: Truth not a defense. No public concern. Highly offensive. 1A tensions.
Defamation Elements 1) Public Concern or Public Figure 2) Private Figure and No Public Concern Standard 3) Public Figure 4) Private Figure/Public Concern 5) Private Figure/Not Public Concern
Elements
1) Public Concern or Public Figure: Must prove its false.
2) Private Figure and No Public Concern: False is affirmative defense.
Standard
3) Public Figure: actual malice.
4) Private Figure/Public Concern: Negligence and above.
5) Private Figure/Not Public Concern: Negligence and above.
Transferred Intent applies to what only?
Battery; Assault; False Imprisonment; TPC; TPC. NOT to IIED nor Conversion.
Firefighter’s Rule
No negligence for harm arising from risk that Firefighters engage in as part of their emergency duties.
No Nominal Damages/Need Actual Damages (12)
IIED; False Imprisonment; TPC; Conversion obviously; Strict Liability claims; IFLAPs; Intentional/Negligent Misrepresentation (no emotional damages); Commercial Torts; Trade Libel/Title Slander; Malicious Prosecution.
1A Limits on Defamation Damages
1) Private Person/Public Concern
2) Private Person/No Public Concern
1) Private/Public Concern: actual damages; punitive or presumed damages if actual malice.
2) Private Person/No Public Concern: All damages even without actual malice.
Negligence Per Se
Elements (4)
Effect (1) and Defenses (4)
1) statute reg imposes duty;
2) D neglects to perform
3) P within class of people statute protects
4) P suffered type of harm statute protects
5) D liable unless have valid defense: impossible to comply; reasonable violation; statute vague; federal regulation preempts.
False Arrest Privileges
1) Felony - A)Private B)Police
2) Misdemeanor A) Private B) Police
1A) Private Felony: Actually committed and reasonably thinks P did it. 1B) Reasonably suspect committed and Reasonably think P did it. 2A) Only if committed in presence and breach of the peace. 2B) only if committed in presence.
What is BPL cost-benefit analysis (3)
The Burden of avoiding the harm. The severity of any resulting harm. The foreseeable likelihood that your conduct would cause that harm. If L x S is greater than Burden then we’ll say you breached duty.
Guest Statutes - Majority? Impact of Guest Statute?
1-Majority Driver owes duty of care to passengers. 2-GS -Driver need only refrain from extreme recklessness.
