Torts MEE Flashcards
Assault
An intentional act by D creating P’s reasonable apprehension of immediate harmful or offensive contact to P’s person + causation
Battery
An intentional harmful (pain or injury) or offensive (reasonable person) contact to P’s person by D
False Imprisonment
An act or failure to act by D resulting in P’s restraint or confinement to a bounded area
Shopkeeper’s privilege
a store may detain a suspected thief if:
- Store has reasonable cause to believe a theft occurred;
- Store detains suspect for only a reasonable period and for purposes of investigation; and
- Detention is reasonable
IIED
Extreme and outrageous conduct by D causing P’s severe emotional distress
Intent or recklessness
IIED - extreme and outrageous conduct
Conduct that exceeds the bounds of decency in society (not insults by themselves)
IIED - when is non-outrageous conduct actionable?
- D targets P’s known sensitivity or weakness,
- D’s conduct is continuous or repetitive,
- D targets a P who is a member of a “fragile” class (e.g., elderly, children, pregnant women), or
- D is a common carrier or innkeeper
IIED - bystander claims
A bystander (D must know) closely related (D must know) to a person physically injured or killed by D’s conduct may recover for emotional distress
Defenses to intentional torts
POPCANS
Privilege, defense of Others, defense of Property, Consent, Authority, Necessity, Self-defense
Negligence - Duty of care
D owes a duty of care—to behave like a reasonably prudent person— to all foreseeable plaintiffs in the zone of danger
Who is the reasonably prudent person?
someone with D’s physical characteristics, but with the knowledge and mental capacity of an ordinary person
Who has a specialized standard of care?
CLIIPS
C - children L - land owners/occupiers I - innkeepers/common carriers I - industry custom/standard P - professionals S - statutory standards of care
Child standard of care
held to the standard of care of a like child of similar age, education, intelligence, and experience (subjective test)
*Generally, young children (i.e., under 6-7) lack capacity to be held negligent
Adult activities exception
children engaged in adult activities must conform to an adult standard of care in that activity
Common carriers/inkeepers standard of care
held to an “utmost care” standard (liable for even slight negligence to passengers or guests)
*modern trend is to hold innkeepers to ordinary negligence
Custom/usage in an industry standard of care
can be used to establish a standard of care, but failure to adhere does not automatically give rise to a breach of duty
Professionals standard of care
Expected to act with the care of an average member of the profession in good standing in similar communities
- Medical specialists held to national standard
- Medical professionals only have a duty that extends to patients
Negligence per se
Statute replaces typical standard of care:
- Statute provides a criminal penalty;
- Standard of conduct is clearly defined in the statute;
- P is within the class of people statute is designed to protect; and
- Statute is designed to protect against the type of harm P suffered
violation of the statute means P must only prove causation, not breach of duty
Duty to anticipated trespassers
where owner has reason to believe of trespassers on her land
- Activities — owner has duty of reasonable care in carrying out activities on her property
- Dangerous conditions — owner has duty to make safe or warn of any known, concealed, man-made hazards
What are the elements for attractive nuisance?
Owner must take reasonable care to eliminate dangers on her property or protect children from those dangers if:
KiDs CAR
- Knows or should know
- Dangerous condition
- Children frequent
- due to Age will not appreciate the danger
- Remedy costs lesser than the risk
What are the different types of intentional torts?
FITCAB
- False Imprisonment
- Intentional Infliction of Emotional Distress
- Trespass
- Chattels trespass-conversion
- Assault
- Battery
What is an abnormally dangerous activity?
SURP
- Serious risk of harm
- Uncommon in area
- cannot be Performed without Risk
Who is an licensee?
one who enters land with owner’s permission for his own purpose or business (i.e., not for landowner’s benefit)
E.g., relatives, friends, social guests
Who is an invitee?
one who enters land held open to the public or who enters with owner’s permission to confer a commercial benefit
E.g., store patron, concert-goer
