Torts - MBE Flashcards
TORTS - 1-Intentional Torts to Person - E-False Imprisonment - 0-False Imprisonment
1. What is required for false imprisonment?
1. D CONFINES & P IS AWARE
- false imprisonment requires that D confines P to a limited area and P is aware of the confinement
TORTS - 2-Defenses to Intentional Torts - C-Self-Defense - 3-Use of Deadly Force
1. When may deadly force be used for self-defense?
1. DEADLY SELF-DEFENSE ONLY IF REASONABLY BELIEVE IT’S NECESSARY TO PREVENT GBI
- to use deadly force, P must reasonably believe there is an imminent threat of GBI that can only be prevented with deadly force
TORTS - 2-Defenses to Intentional Torts - E-Defense of Property - 1-Defense of Land & Personal Property from Intrusion
1. Is there a privilege to defend property?
1. PRIVILEGE TO DEFEND PROPERTY BUT NOT DEADLY/SERIOUS INJURY
- to defend property, there is a privilege to use reasonable force; no privilege to use deadly/GBI force - unless like threat to P exists
TORTS - 3-Intentional Torts to Property - B-Conversion - 1-Definition
1. What is the rule for conversion?
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1. CONVERSION RULE
- Conversion is the exercise of dominion and control over another’s property to such an extent that the court is justified in requiring D to pay the full value of the property
- Exercise dominion & control
- Another’s property
- To such extent
- Court is justified to require payment of full value
TORTS - 3-Intentional Torts to Property - B-Conversion - 2-Intent
1. What intent is required for conversion?
1. INTENT TO COMMIT ACT EXERCISING CONTROL OF CHATTEL
- for conversion, the required intent is the intent to commit the act of exercising dominion or control of chattel; the intent to damage the chattel isn’t required; mistake is not a defense
TORTS - 3-Intentional Torts to Property - B-Conversion - 3-Interference
1. What constitutes interference for conversion?
1. CONVERSION INTERFERENCE IS DOMINION OR CONTROL
- conversion interference is exercising dominion or control; eg, wrongful acquisition, transfer, or failure to return when demanded
TORTS - 3-Intentional Torts to Property - B-Conversion - 4-Distinguishing Conversion from Trespass to Chattels
1. How is it determined whether D committed conversion or trespass to chattel?
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1. CONVERSION VS. TRESPASS IS SLIDING SCALE OF SERIOUSNESS
- to distinguish conversion from trespass to chattel determined by: (1) duration; (2) intent; (3) good faith; (4) expense; (5) inconvenience; and extent of damage; whether P is justified in obtaining full value
TORTS - 3-Intentional Torts to Property - B-Conversion - 5-Damages
1. What damages are available for conversion?
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1. CONVERSION DAMAGES = FULL VALUE
- damages for conversion are equal to the full value of the chattel at the time of conversion; I will also accept replevin
TORTS - 3-Intentional Torts to Property - C-Trespass to Land - 6-Necessity as a Defense to Trespass
1. What is necessity - all of the things?
1. NECESSITY = PUBLIC OR PRIVATE PRIVILEGE TO PROTECT AND PREVENT PREEMINENT PARAMOUNT PERILOUS PESTILENCE FROM PREVAILING
- necessity is the privilege to trespass as reasonably necessary so as to prevent a more serious harm; private necessity is to prevent harm to self or a small group, and D is liable for any actual damage, but not nominal damage; public necessity is to prevent harm to many, and D is not liable for the damage because it is an absolute privilege; and P has no privilege to eject D, and will be liable for damage from ejectment
TORTS - 3-Intentional Torts to Property - D-Nuisance - 1-Private Nuisance
1. What constitutes a nuisance?
1. NUISANCE = SUBSTANTIAL & UNREASONABLE INTERFERENCE
- P has a possessory right to the use and enjoyment of real property with which D has substantially and unreasonably interfered
TORTS - 4-Negligence - C-Standard of Care - 3c-Invitees
1. What standard of care is owed to invitees?
1. INVITEE FOR BUSINESS PURPOSES REQUIRES REASONABLE INSPECTION
- a landowner owes an invitee reasonable care and inspection to discover unreasonably dangerous conditions
TORTS - 4-Negligence - D-Breach of Duty - 2d-Doctors
1. What is the standard of care for doctors?
1. DOCTORS MUST USE SAME CARE AS COMMUNITY OR NATIONAL
- a doctor is expected to act with the same skill, knowledge, and care as an ordinary doctor in the community or nationally
TORTS - 4-Negligence - E-Causation - 3-Proximate Cause (Legal Cause)
1. What is the majority view of proximate cause?
2. What is the minority view of proximate cause?
3. How does rescue fit in with proximate cause?
4. Is D liable for future injuries?
1. PROXIMATE CAUSE MAJORITY = REASONABLY FORESEEABLE CONSEQUENCE WITHIN RISKS OF D’S CONDUCT
- under the majority, proximate cause requires that the harm is a reasonably foreseeable consequence of the risks created by D’s conduct
2. PROXIMATE CAUSE MINORITY = DIRECT FLOW FROM D’S CONDUCT
- under the minority, there is proximate cause for all harms that are a consequence of D’s conduct, so long as not too remote
3. PROXIMATE CAUSE EXTENDS TO FORESEEABLE RESCUER INJURY
- it is foreseeable that harm could invite rescue, so harm from rescue, though an intervening cause, can be within the scope of liability for proximate cause
4. PROXIMATE CAUSE FOR FORESEEABLE FUTURE INJURIES
- if D injures P and this injury makes P particularly susceptible to another accident, which occurs, D is liable for that subsequent injury
TORTS - 4-Negligence - G-Special Rules of Liability - 1-Negligent Infliction of Emotional Distress
1. What are the 3 types of NIED?
2. What is required to prove NIED that is not required for IIED?
3. What is required for zone of danger NIED?
4. What is required for bystander NIED?
1. NIED: ZONE OF DANGER, BYSTANDER, SPECIAL RELATIONSHIP
- NIED may occur if (1) P is in the zone of danger of a threatened physical harm; (2) P is a bystander who witnesses an injury of a close relative; (3) special relationship - eg, corpse, misdiagnosis
2. NIED REQUIRES PHYSICAL INJURY
- to prove an NIED, P must show physical symptoms, eg, nightmares, shock; in contrast, IIED doesn’t require physical symptoms
3. NIED ZONE OF DANGER OF PHYSICAL THREAT
- NIED requires that P is in the zone of danger and aware of a threatened physical impact and manifests physical symptoms of emotional distress
4. NIED BYSTANDER OF CLOSE RELATIVE’S INJURY
- NIED requires that P was present and personally observed a close relative’s injury and manifests physical symptoms of emotional distress
TORTS - 6-Products Liability - B-Strict Products Liability - 4-Defendants
1. When is a retailer liable for a defective product?
1. RETAILER IN BUSINESS OF SELLING PARTICULAR PRODUCT
- a retailer may be held liable if they are in the business of setting the particular product
