Torts: Elements Flashcards
Battery (3)
(1) harmful or offensive contact with the person of another
(2) caused by D
(3) D intended contact or apprehension of it
Assault (4)
(1) reasonable apprehension
(2) of imminent harmful or offensive contact
(3) caused by D’s action/threat
(4) D intended apprehension or contact itself
IIED (3)
(1) D intentionally or recklessly engaged in
(2) extreme and outrageous conduct
(3) that causes P severe emotional distress
False Imprisonment (3)
(1) D intends to confine P within a limited area
(2) D’s conduct causes confinement/fails to release from confinement despite a duty to do so and
(3) P is conscious of it OR harmed by it
Defamation (4)
(1) Defamatory language
(2) Of/concerning P
(3) Published to a third party who understands its nature
(4) That damages P’s reputation
(If public figure: actual malice)
(If private figure: negligence)
Negligence (4)
(1) D has a duty,
(2) Which they breach,
(3) and that breach causes
(4) P’s harm
Negligence Per Se (4)
(1) D violated a statute
(2) the statute intended to protect against the type of harm P suffered
(3) the statute intended to protect the class of persons P is in
(4) D’s violation caused P’s injuries
Res Ipsa Loquitur (3)
(1) P suffered a type of harm that is usually caused by negligence
(2) D was in exclusive control of the instrument of harm
(3) P did not contribute to their harms
Trespass (2)
(1) D physically invades P’s land
(2) with the intent to enter land
liable for nominal and actual damages
Conversion (2)
(1) D deprives P of her chattel OR harms it so much it effectively deprives her of use
(2) with the intent to do the act (not to cause the interference)
liable for fair market value of chattel
Trespass to Chattels (2)
(1) D uses, dispossesses, OR damages P’s property
(2) with the intent to do the act (not to cause the interference)
liable for actual damages
Private Nuisance (1)
D substantially and unreasonably interferes with P’s ability to use and enjoy their land
Public Nuisance (1)
D unreasonably interferes with a right common to the public as a whole
if suit by private individual, must show harm suffered was different in kind from rest of public
Four Types of Invasion of Privacy Claims
(1) Misappropriation of the Right to Publicity
(2) Intrusion Upon Seclusion
(3) False Light
(4) Public Disclosure of Private Facts
Intrusion Upon Seclusion (2)
(1) D intrudes on P’s private affairs
(2) in a manner highly offensive to a reasonable person
no publication requirement
False Light (4)
(1) D maliciously
(2) makes facts about P public
(2) That put P in a false light
(3) And is highly offensive to a reasonable person
Misappropriation of the Right to Publicity (4)
(1) D appropriate’s P’s name or likeness
(2) for D’s own advantage
(3) without consent
(4) and causes injury to P
Public Disclosure of Private Facts (4)
(1) D publicizes a matter concerning P’s private life
(2) the matter is not of legitimate concern to the public
(3) and is highly offensive to a reasonable person
(4) and causes harm to P
Products Liability (3)
(1) the product was defective
(2) the defect existed at the time the product left D’s control
(3) the defect caused P’s injury when used in a foreseeable way
NIED Zone of Danger (2)
(1) P was in the zone of danger of threatened physical impact
(2) Threat of impact caused emotional distress
NIED Bystander (3)
(1) P is closely related to person injured by D
(2) P was present at scene of injury
(3) P personally witnessed the injury
Intentional Misrepresentation (5)
(1) D misrepresented a material fact, opinion, law, or intention
(2) maliciously (knew it was false or acted with reckless disregard as to its falsity)
(3) to induce P into relying on it
(4) P justifiably relies on it
(5) it caused P harm.
Intentional Interference with a Contract (5)
(1) A valid contract existed,
(2) D knew of the relationship,
(3) D intentionally interfered with the contract,
(4) causing a breach in the contract,
(5) and that breach caused damages to P.
Attractive Nuisance (5)
(1) artificial condition exists on land where D knows or should know children will trespass
(2) D has reason to know it poses an unreasonable risk of death or injury to kids
(3) kids, because they’re young, can’t appreciate the risk of danger
(4) burden of reducing danger is outweighed by risk of harm
(5) D fails to exercise reasonable care
Negligent Misrepresentation (5)
(1) D provided false info to P
(2) As a result of D’s negligence
(3) in the course of D’s business
(4) P justifiably relied on the information and suffered loss and
(5) either P has K with D OR P is known to be person to receive the info from D
Abuse of Process (4)
(1) D came after P through the court
(2) Willfully
(3) To accomplish an ulterior motive
(4) And it harmed P
