Torts (Final) Flashcards
1
Q
Recapture Chattel
A
Fresh pursuit
Reasonable force
Wrongful taking
2
Q
Product Liability Theories
A
Intent -Substantial certainty Strict Liability -Commercial Supplier -Places product in stream of commerce -Product is defective -Manufacturing -Design (Consumer expectation Test)/Risk Utility -Information/Warning -Actual Cause -Proximate Cause -Damages Negligence Warranties -Express -Implied (Merchantability/Fitness for Particular purpose) Misrepresentation
3
Q
Misrepresentation
A
Intentional: -Misrepresentation -Scienter (knowing/reckless) -Intent to induce P -Justifiable reliance -Damages Negligent: -Same as above only D acted with no reasonable grounds (for scienter)
4
Q
Private nuisance
A
- Substantial, unreasonable interference
- Use/enjoyment of property
5
Q
Public Nuisance
A
- Substantial, unreasonable interference
- Health, Safety, Property rights of Community
- Private party can recover only if harm is different
6
Q
Misappropriation
A
- P’s name or picture
- Unauthorized use for
- D’s financial benefit
7
Q
Intrusion upon D’s solitude
A
- Intrusion
- Private place
- Highly offensive to reasonable person
8
Q
Publicity of Private Life
A
- Publicized details
- Private life
- Highly offensive to reasonable person
9
Q
False Light
A
- Public placement
- In a false light
- Highly offensive to reasonable person
10
Q
Malicious prosecution
A
- Legal proceedings
- End in P’s favor
- No probable cause
- Improper purpose
- Damages
11
Q
Abuse of process
A
- Wrongful use/process
- Ulterior purpose
- Act/threat against P
12
Q
Interference w/business relations
A
- Contract or business expectancy
- D’s knowledge of same
- Intentional Interference
- Damages
13
Q
Attractive nuisance
A
- Owner knew or should have known that the area is one in which children trespass;
- Condition poses an unreasonable risk of serious injury or death
- Children do not discover the risk or realize the danger due to their youth
- Benefit to the owner and expense to remedy is slight compared to the risk
- Owner fails to use reasonable care to eliminate the hazard.
