Torts Mnemonics

Question 1

Elements of Misrepresentation

Answer 1

FRAUD

Factual material misstatement or omission
Reasonable reliance
Aware defendant
Unaware plaintiff
Damages

Question 2

What’s nuisance?

Answer 2

U of I

Intentional and
Unreasonable interference

Question 3

ATTRACTIVE NUISANCE

Answer 3

** KIDs ARE dumb**

K - kids frequent the area and do not appreciate risks
I - injury is likely to be caused by the condition
D - Dangerous artificial conditions (aware of)
s

A - aware kids are in area and are attracted to artificial condition
R- risk outweighs utility or
E - expense to repair

DUMB

Question 4

INTENTIONAL TORT DEFENSES

Answer 4

DARN COPS

Discipline
Auth’y of Law
Recapture
Necessity

Consent
Others (Defense of)
Privilege
Self (Defense of)

Question 5

What torts have STRICT LIABILITY standard?

Answer 5

DAD

Dangerous activities
Animals (Wild)
Defective products

Question 6

Shopkeepers Privilege

Answer 6

May:
1. Temporarily detain.
2. A person reasonably suspected of theft.
3. in or near their store
4. For the purpose of investigation.

Question 7

“DUMB” - SLANDER PER SE

Answer 7

DISEASE
UNCHASITY OF WOMAN
MORAL TURP
BUSINESS

Question 8

“REP” - NIED REQS

Answer 8

R- CLOSE RISK OF BOD HARM
E - SEVERE EMOT DISTRESS
P -PHYS MANIFESTATION OF EMOT DISTRESS