Torts Elements Flashcards
Trespass
1) Act
2) Intentionally
3) Causation
4) Entry
5) Plaintiff’s Land
6) W/O Consent
Private Nuisance
1) Act or Omission Act
2) Substantial and
3) unreasonable
4) interference with P’s use and enjoyment of land
5) Possession of Land
6) Factual/ Prox Cause
7) Plaintiff Significant Harm
Public Nuisance
1) Act (underlying tortious conduct)
2) Fact/ Pros Cause
3) unreasonable
4) Interference with/ public health and safety
5) private Plaintiff (significant harm in kind not degree
Public Disclosure of Private Facts
1) Gave publicity
2) private matter
3) highly offensive to a reasonable person
4) not legit public interest
5) factual prox cause
6) actual damages
Intrusion Upon Seclusion
1) intentionally
2) causes
3) intrusion
4) upon seclusion
5) private matter
6) highly offensive
False Light
1) gave publicity to matter concerning P
2) placed in false light
3) highly offensive to a reasonable person
4) actual malice
5) factual/ prox cause
6) actual damages
Appropriation of likeness
1) intent to use
2) name, likeness, other indetifiers
3) for trade, commercial or other advantages
4) without consent
5) factual/ prox cause
6) actual harm
Spousal/ Parental Immunity
- Preserve Domestic Tranquility
- Preclusion of Fraudulent Claims
- Permit Discipline or legal unity
Charitable Immunities
Generalll
NIED
1) negligence
2) causation of severe emotional distress
3) proof of genuinness
4) Proof that the plaintiff was the primary victim or bystander
Dillon v. Legg (Foreseeability)
1) physically near
2) contemporaneously observed
3) closely related
Zone of Danger
1) suffered emotional distress
2) within the zone of dancer
suffered emotional distress because of physical injury
3) closely related
Risk of Impact
1) requires some physical manifestation of stress
Strict Liability
1) act or omission to act
2) D
3) B
4) C
5) PC
6) Dam
What are the defenses to negligence?
1) contributory negligence
2) Comparative Fault
3) Assumption of the risk
4) Statute of Limitations
5) Statutes of Repose
A manufacture/ supplier can be negligent in 5 ways:
1) manufacturing flaw
2) failure to reasonably inspect
3) negligent design
4) failure to warn
5) failure to use care to make the product with quality components
What is always a complete bar to recovery- classic contributory negligence ?
Classic Contributory Negligence
Sometimes a complete bar to recovery
contributory negligence supplemented by last clear chance
Always a partial bar
Attractive Nuisance
1) Possessor knows or should know that children are likely to trespass
2) condition is one that the possessor knows or should have known would cause an unreasonable risk of harm
3) children because of their age can’t appreciate the gravity of the risk
4) Utility/ Expense is less than the injury
Vicarious Liability
1) Actor was an employee
2) who acted in the scope in their employment
Assumption of Risk
1) know the particular risk
2) voluntarily
3) assume it
Implied Assumption of the risk
1) know the particular risk
2) the risk was specific
3) about which risk plaintiff was actually deal
4) plaintiff appreciates the magnitude of risk and
5) the risk was create by Defendants negligence
Express Assumption of the Risk
1) an agreement, usually written
2) Affirmative defense
