TORTS - Matt's Cards Flashcards
Strict Liability
Defendant is strictly liable if:1) Abnormally Dangerous Activities - Spano v. Perini (Blasting with TNT in NYC)2) Wild Animals - Vaughan v. 101 Wild West Show (Monkey bites finger off)
Strict Liability Does Not Apply If
Plaintiff is trying to secure some benefit.Plaintiff obligation imposed by law.
Public Nuisance
Unreasonable interference with a:1) Right common to General Public2) Statute / Ordinance / Admin Regulation3) Right to public in the sense of permanent, lasting effect
Private Nuisance
1) Volitional Act2) Intent or Unintentional/Otherwise Actionable3) Causation4) Interference with Plaintiff’s enjoyment of landE.g. Clinic and Hospital v. McConnell (Radio store next to hospital)
Negligent Infliction of Emotional Distress (NIED)
NegligenceCausationSevere Emotional HarmZone of DangerE.g. Dornfeld v. Oberg (Husband is run over while changing a tire)
Impact Rule
NIED and must be imminent bodily harm
Bystander Rule
NIED and must be imminent bodily harm and must be immediate family
Intent Elements
Purpose - Meant to do it; Consequence is desiredKnowledge- Meant to do it; To a substantial certainty
Consent
Willingness thru action or inaction (Does not need to be communicated - Hudson v. Craft [Illegal Boxing])Conveying a reasonable understanding to another
Informed Consent
Same as consent but with Doctors/Lawyers.E.g. Canterbury v. Spence (Back surgery with 1 in 100 chance of paralysis)Exceptions - Emergency Rescuers
Private Necessity
Can enter or remain on land:- To protect person/land/chattels BUT liable for harm done in protectingE.g. Ploof v. Putnam (Docking the sloop in a storm)
Public Necessity
Can enter land:- To avert an imminent public disasterE.g. US v. Caltex (Destroy Filipino plant before Japs get it)
Defense of Property and Chattels
Reasonable Authority (Not death/SBH)No mechanical devices (Spring guns)Must give warning unless Plaintiff reasonably believes that it is uselessE.g. Bird v. Holbrook (Spring gun in backyard)
Consent does not apply to
MinorsMentally IncompetentIntoxicated People
Self-Defense of Person with Death/SBH
Reasonable Belief:- Life in Danger- Can only survive by inflicting Death/SBH- Cannot be retaliationE.g. Slayton v. McDonald (911 Call - Squirrel Shot)
Intentional Infliction of Emotional Distress (IIED)
Volitional ActIntent or RecklessnessCausationExtreme and OutrageousSevere Emotional DistressE.g. Figuerido-Torres v. Nickel (Marriage Counseling)
Defense of 3rd Person
Same as Self-Defenses except:- Mistakes is unacceptableE.g. Young v. Warren (Shotgun to back)
Self-Defense of Person without Death/SBH
Reasonable Belief about to suffer unprivileged harmful or offensive contactIn some states:- Duty to retreat- Duty to comply with commands
False Imprisonment
Volitional ActIntentCausationConfinement (Fixed boundaries)Harm or Conscious of ConfinementE.g. Dupler v. Seubert (Resign or Get fired)
Fighting Words
Illegal to breach the peace
Defenses to False Imprisonment
Shopkeeper’s PrivilegeParental PrivilegeReasonable means of escape (not an affront to personal dignity)
Trespass to Chattels
Volitional ActIntentCausationPlaintiff’s rightful possessionDamage/Deprivation of Use/DispossessionE.g. Register.com v. Verio Inc. (WHOIS Database)
Conversion
Trespass to ChattelsDominion/ControlSerious DamagesE.g. Pearson v. Dodd
Battery
Volitional ActIntentCausationBodily ContactHarmful or Offensive TouchingE.g. Fisher v. Carousel (Waiter snatches plate from hand)
Trespass to Land
Volitional ActIntentCausationPlaintiff’s possessory interestIntrusionE.g. Hensler’s Farm (Kicking people out during hunting season)
Assault
Volitional ActIntentCausationApprehension of imminent batteryE.g. Trogdon v. Terry (Man with cane threatens to get signature)
