Torts MEE Rules Flashcards
Battery
P must show (1) harmful or offensive contact, (2) to P’s person, (3) D intended to cause contact, and (4) D’s contact caused P’s injury
Assault
P must show (1) an act by D which caused reasonable apprehension in P, (2) of immediate harmful or offensive contact to P’s person, (3) D intended to cause apprehension, and (4) D’s act caused P’s injury
False imprisonment
P must show (1) an act or omission by D that confines or constrains P (2) to a bounded area, (3) D intended to confine, and (4) D’s act caused P’s harm - P must be aware of or harmed by confinement
Intentional infliction of emotional distress (IIED)
P must show (1) extreme and outrageous conduct by D, (2) intent or recklessness, (3) D’s act caused P’s harm, and (4) damages in form of severe emotional distress
Bystander IIED
P must show (1) P was present when injury occurred, (2) P = close relative to V, and (3) D knew P was present and close relative
Trespass to land
P must show (1) physical invasion of P’s real property, (2) D intended to be where they were, (3) causation.
Trespass to chattel
P must show (1) act by D that interfered w/P’s right of possession in chattel, (2) intent by D to interfere, (3) causation, and (4) damages.
Conversion
P must show (1) act by D interfered with P’s right of possession (2) which was so serious that D must pay for chattel’s full value, (3) intent, and (4) causation.
Defense to property
Must ask to stop, no deadly force allowed.
Self defense/Defense of others
Invasion is imminent or in progress, may only use proportionate force. Mistake does not negate.
Shopkeeper’s privilege
Shopkeeper may detain for reasonable time and manner if reasonably believes person committed theft in order to conduct an investigation.
Defamation
P must show (1) defamatory language, (2) of or concerning P, (3) publication by D or to a 3rd person, (4) damages (if not libel or slander bc presumed)
Defamation - matter of public concern
P must prove (1) falsity of the statement and (2) fault on D’s part
Defamation of public figure
Must prove malice - D knew of the falsity or acted in reckless regard. Damages are presumed.
Defamation of a private figure
Must prove negligence + damages
Defenses to defamation
-Consent
-Truth
-Privilege
Appropriation of P’s name or likeness
P must est. unauthorized use of P’s picture or name for D’s commercial advantage, unless newsworthy publication.
Intrusion
P must show that D’s act of intrusion into private affair, in which P has a reasonable expectation of privacy, would be objectionable to a RP.
False light
Must show that D attributed to P certain views which he does not hold or actions he did not take which would be objectionable to RP under the circumstances.
Undiscovered trespassers
No duty of care, but no traps
Discovered trespassers
If dangerous condition, duty to warn.
P must show (1) artificial cond., (2) highly dangerous, (3) concealed, and (4) prior knowledge.
Attractive nuisance doctrine
P must show (1) dangerous cond. present on land that owner is or should be aware of, (2) owner knows or should know that kids frequent. area, (3) cond. is likely to cause injury, and (4) expense of remedy = slight vs. risk
Licensees
Entrants w/own purpose but permission. Possessor has duty to warn of all known dangerous conditions.
P must show concealed condition + possessor’s prior knowledge
Invitee
Possessor holds land open for commercial benefit or to public. Possessor has duty to protect invitees from all reasonably knowable dangerous conditions.
P must show concealed condition + possessor had prior knowledge or would via reasonable inspection.
Lessor duty
To warn of existing defects if aware else will not discover upon reasonable inspection.
Lessee duty
General duty to maintain
Disclosure
P must show public disclosure of private info about P that would be objectionable to a RP unless newsworthy publication.
Intentional Misrepresentation
P must prove (1) affirmative misrepresentation by D in a business or professional capacity, (2) breach of duty towards P, (3) causation, (4) justifiable reliance, and (5) damages
Negligent Misrepresentation
P must prove (1) misrepresentation by D in a business or professional capacity, (2) breach of duty towards P, (3) causation, (4) justifiable reliance, and (5) damages
Res ipsa loquitor
P lacks info of what D did wrong, but as a matter of logic the accident that occurred is normally associated with negligence.
Actual causation
“But for” D’s breach, P’s injury would not have occurred.
Proximate cause
Foreseeability that D’s conduct would caused P’s injury.
Strict tort liability
P must show (1) D was a merchant routinely dealing in goods of this type, (2) defective product, (3) defect existed when left D’s control, and (4) P was making foreseeable use of the product @ time of injury.
Implied warranty of merchantability
Warranty that goods be of average acceptable quality and generally fit for the ordinary purpose for which the goods are used.
Implied warranty of fitness for a particular purpose
Seller knows or has reason to know the particular purpose for which goods are to be used and buyer relies on seller to select goods.
Nuisance - public and private
Public = community’s right to health, safety or property has been interfered w/to a reasonable degree
Private = P’s ability to use or enjoy her property has been interfered wit to a substantial and unreasonable degree.
Vicarious liability - employer/employee
Vl for torts while w/in scope of authority or outside scope if (1) job entails use of force, (2) employer authorizes, or (3) motivated by desire to benefit employer
Joint and several liability
If indivisible = each D is liable for entire amount of damage
If divisible = each D is liable for their portion
If acting in concert = each D liable for entire amount
Indemnity
Shifts entire loss between or among tortfeasors if by K, VL, or strict liability
Duty to rescue
None unless (1) family member, (2) common carrier and innkeepers to customers, or (3) land possessors to invitee.
BUT if attempted, liable for any negligence during rescue.
Negligence per se
P must show (1) D violated a statute w/out excuse, (2) P was the class of people the statute was intended to protect, and (3) P was injured in manner statute was intended to prevent.
Proving all elements satisfies breach and duty for prima facie showing of negligence
Indemnification
When paying D was not at fault in causing P’s injuries, D can seek full reimbursement for damages paid from nonpaying D who was at fault
Economic loss doctrine
Parties are prohibited from recovering in tort when the negligence of another results in purely economic loss, as opposed to personal injury or property damage.
Abnormally dangerous activity
(1) foreseeable risk of serious harm even when reasonable care exercised, (2) not matter of common usage in community
