Torts (Elements) Flashcards
1
Q
Assault
A
- Act that causes Reasonable Apprehension
- Of imminent harmful/offensive contact
- Intent
- Causation
2
Q
Battery
A
- Harmful/offensive contact
- To Plaintiff’s person
- Intent
- Causation
3
Q
False Imprisonment
A
- Act or omission that Confines or Restrains Plaintiff
- To a Bounded area
- Intent
- Causation
4
Q
Shopkeeper Privilege
A
Reasonable
- Grounds
- Time
- Force
- Investigation
5
Q
Intentional Infliction of Emotional Distress
A
- Act amounting to Extreme and Outrageous Conduct
- Intent or Reckless (acting with disregard for high probability of emotional distress)
- Causation
- DAMAGES (severe emotional distress)
6
Q
IIED: Lower Standard Than Outrageous
A
- P’s with known sensitivities OR fragile class
- Special relationship with Public
- Common Carriers
- Repetitive Conduct
7
Q
IIED: Bystander
A
- Present
- Closely related to injured person
- Defendant knew of 1 and 2
8
Q
Trespass to Land
A
- Physical Invasion of P’s Real Property
- Intent
- Causation
9
Q
Entry to Abate a Nuisance
A
- Person claiming nuisance is Owner/Possessor of affected land
- Person who trespasses must first make a Demand
- Entry reasonable
- Force reasonable
10
Q
Trespass to Chattel
A
- Act that Interferes with P’s Right of Possession in a chattel
- Intent
- Causation
- DAMAGES
11
Q
Conversion
A
- Intentional exercise
- Of Wrongful Dominion or Control over P’s chattel
- Causation
12
Q
Defense: Consent
A
- Actual (consent by words)
- Apparent (based on reasonable interpretation of P’s conduct)
- Implied (by custom, surrounding circumstances)
13
Q
Defense: Defense of…
A
- Self
- Others (stand in their shoes at your peril)
- Property (non deadly)
- Must be in progress/imminent
- Use only proportionate force
14
Q
Defamation
A
- Defamatory Statement
- Of or Concerning the Plaintiff
- Publication
- Damages
IF matter of public concern:
- Falsity
- Fault
15
Q
Malice
A
- Knowledge; or
2. Reckless disregard
16
Q
Defamation: Types of Plaintiff
A
- Public official/figure: Actual Malice
- Private Person/Public Concern: At least Negligence
- Private Person/Private Concern: No fault need be proved
17
Q
Privilege (Defamation)
A
- Absolute
- legislature, judicial, executive
- equal-time broadcasts
- martial communication - Qualified
- socially useful
- relevant
- good faith - Press
- accurately describes
- statements
- in public proceedings
18
Q
Appropriation of Name/Likeness
A
- Unauthorized use of P’s identity/likeness
2. For commercial advantage
19
Q
Intrusion Upon Seclusion
A
- Offensive Intrusion
- Into Private Life
- Publication not necessary
- Truth is NO defense
20
Q
Public Disclosure of Private Facts
A
- Highly offensive
- Private (NOT public record)
- Publicity (widespread)
*Truth is NO defense
21
Q
Portrayal in a False Light
A
- Highly Offensive
- Publicity (widespread)
- Attribute False views to P
- Truth IS a defense
- Need Malice for public figure
22
Q
Privacy Defenses
A
- Consent (to all four)
- Truth (for False Light)
- All defamation privileges
- Newsworthiness (for Appropriation & Public Disclosure)
23
Q
Negligence: Special Duty Rules
A
- Statute
- Omission
- Landowner
- Lessor
- NIED
24
Q
Special Duty: Omission
A
- special relationship
- instrumentality under D’s control
- statutory
- creation of peril
- voluntary undertaking
25
Q
Attractive Nuisance Doctrine
A
- Artificial Condition
- Know about trespassers
- Unreasonable risk
- Child cannot appreciate risk
- Utility vs. Risk
*No injury required, can get injunction
26
Q
NIED: Bystander
A
- close relationship
- bystander present at scene
- P observed or perceived the injury
27
Q
Breach
A
- Direct
- Circumstantial
- Violation of a Statute
- Res Ipsa Loquitur
28
Q
Res Ipsa Loquitur
A
- Accident does not normally occur absent negligence
- More likely than not that D was responsible (D in control)
- P did not contribute to his injury
29
Q
Actual Cause
A
- But for
- concurrent liability (separate negligence)
- joint tortfeasors (several Ds, agents)
- successive tortfeasors (act independently, cause single indivisible injury) - Substantial Factor
- several causes
- any one alone sufficient - Alternate Causes
- two acts but only one caused
- unknown who caused; burden shifts
30
Q
Negligence Damages: Issues
A
- Joint and several liability
- Contribution
- Indemnity
- Satisfaction
- Release
31
Q
Negligence Defenses
A
- Comparative
- pure
- partial - Contributory
* last clear chance - Assumption of the Risk
- knowledge
- voluntary
32
Q
Strict Liability: Ultrahazardous
A
- Activity involves risk of Serious Harm
- D unable to eliminate risk even with reasonable care
- Activity Uncommon in area where carried out
THEN ultrahazardous, then liability if:
- Balance
- danger vs. value to community - Causation
- Damages
33
Q
Vicarious Liability
A
- Respondeat Superior
- Independent Contractor
- Joint Activity
- Auto
- Parent-Child
34
Q
Strict Liability in Tort (Products Liability)
A
- Foreseeable Use/Foreseeable Plaintiff
- Breach/Defect
- manufacture
- design (reasonable alternative design)
- warning - Causation
- Damages
35
Q
Products Liability: Types
A
- Strict Liability in Tort
- Negligence
- Implied Warranties
- Express Warranty
- Misrepresentation
- Intent (Battery) Theory
36
Q
Nuisance
A
- Substantial
- Unreasonable (balance utility/harm)
- Interference
- With another’s Use and Enjoyment of Property
37
Q
Nuisance: Public
A
- Unreasonably interferes
- With Health, Safety, Property
- Of Community
*Standing: Unique injury
38
Q
Intentional Misrepresentation (Fraud)
A
- Misrepresentation of Material Fact
- Scienter (D knew statement false)
- Intent (to induce reliance)
- Justifiable Reliance (not on opinion)
- Damages
39
Q
Negligent Misrepresentation
A
- Misrepresentation (in commercial setting)
- Breach of Duty (to PARTICULAR plaintiff)
- Causation
- Justifiable Reliance
- Damages (out-of-pocket)
40
Q
Business Torts (Interference with Contract/Prospective Advantage)
A
- Valid Relationship or Business Expectation
- D has knowledge of relationship or expectation
- Intentional interference by D Inducing breach or termination of expectancy
- Damages
41
Q
Malicious Prosecution/Wrongful Civil Proceedings
A
- Initiation of criminal (or civil) proceedings against P
- Termination in P’s favor
- Absence of Probable Cause
- Improper Purpose
- Damages
42
Q
Abuse of Process
A
- Wrongful use of process
- For an Ulterior Motive
- Definite Acts or Threats against P to accomplish ulterior purpose
- Damages
43
Q
Legal Damages (General)
A
- Causal
- Foreseeable
- Certain
- Unavoidable
44
Q
Injunction
A
- Inadequacy of Legal Remedy
- Property or Personal right
- Feasibility
- Balance
45
Q
Injunction Defenses
A
- Laches (unreasonable delay that results in prejudice)
- Unclean Hands
- Freedom of Speech (prior restraint)
- Criminal Act
