Torts - Wrongs Flashcards

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1
Q

Why does a claim for negligent infliction of emotional distress usually fail?

A

π must show actual physical contact as a result of ∆’s actions, or suffering of some actual physical harm

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2
Q

What is typically required for joint and several liability?

A

A concerted action by the ∆s

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3
Q

If ∆ mistakenly took something thinking it was hers, can she be liable for conversion?

A

Yes; the intent involved refers to the physical act that results in the conversion, not to the ∆’s desires regarding the ultimate disposition of the property.

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4
Q

Is the violation of a statute the reason that a π will win on a negligence per se theory?

A

Not exactly.

The statute creates the standard for reasonable conduct. The ultimate reason for a ∆ to lose is failure to take reasonable care.

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5
Q

When does joint and several liability apply?

A

When two or more tortious acts combine to proximately cause an indivisible injury to a plaintiff.

This means each tortfeasor is liable to the plaintiff for the entire damage incurred.

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6
Q

If a π was negligent in a contributory negligence jurisdiction, what could he show that will still allow recovery?

A

∆’s conduct was reckless or wonton.

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7
Q

In order to be an effective claim, when must a negligent design become apparent?

A

Before the product reaches the public.

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8
Q

An unanticipated explosion causes debris to fly onto a neighboring property. Is this trespass?

A

No. Maintenance of this action requires a showing of an intention to send the debris onto the neighboring land. Thus, the intent element is missing.

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9
Q

What is a licensee, regarding persons entering another’s property? What duties does a landowner owe to a licensee regarding conditions?

A

A licensee is a person who enters land with the owner’s permission, for his own purpose or business rather than for the owner’s benefit.

In this case, the landowner has a duty to warn of or make safe a dangerous condition known to the owner that creates an unreasonable risk of harm to the licensee and that the licensee is unlikely to discover. No duty to to inspect for defects nor to repair known defects.

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10
Q

When is an employer entitled to indemnity from an employee who has committed a tort?

A

When the employer is being held liable under respondeat superior doctrine.

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11
Q

What are the prima facie elements of a claim for false light invasion of privacy?

A

(1) publication of facts about π by ∆ placing π in a false light in the public eye, and
(2) the “false light” must be something that would be highly offensive to a reasonable person under the circumstances

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12
Q

May a vicious guard dog be used to guard property?

A

No, probably not.

One may use only reasonable force to defend property, and a vicious dog will cause death or serious bodily harm.

This is akin to indirectly using deadly force such as a trap or spring gun.

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13
Q

What does a Dramshop Act do?

A

Opens up bartenders to liability for drunken conduct of patrons after leaving.

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14
Q

What is required for to fulfill the “publication to a third person” element of defamation?

A

(1) Communication must be intentional or negligent (depending on the circumstances)
(2) Thus, it must be foreseeable that a third person will hear the communication

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15
Q

What is the qualified privilege to what would otherwise be liability for defamation?

A

A qualified privilege is recognized when the recipient has an interest in the information and it is reasonable for the defendant to make the publication of the statement.

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16
Q

What are the elements of a prima facie case for interference with business relations?

A

(1) existence of a valid contractual relationship between π and third party, OR a valid business expectancy of π,
(2) ∆’s knowledge of the relationship or expectancy,
(3) intentional interference by ∆ that induces a breach or termination of the relationship or expectancy, and
(4) damages to the π

17
Q

What is a potential privilege to a prima facie case for interference with business relations?

A

Where it is proper to attempt to obtain business for the interferer, particularly if the interference is only with a prospective business relationship rather than with an existing contract

18
Q

Does conversion require permanent deprivation of a chattel?

A

No. All that is required is that ∆’s volitional conduct result in a serious invasion of the chattel interest of another in some manner.

19
Q

What is the “attractive nuisance” doctrine?

A

Under the doctrine, a landowner has a duty to exercise ordinary care to avoid reasonably foreseeable risk of harm to children caused by artificial conditions on his property.

20
Q

What are the requirements for applying the “attractive nuisance” doctrine?

A

(1) there is a dangerous condition on the land of which the owner is or should be aware,
(2) the owner knows or should know that children frequent the vicinity of this dangerous condition
(3) the condition is dangerous because the child is unable to appreciate the risk, and
(4) the expense of remedying the situation is slight compared with the magnitude of the risk

21
Q

What is the exception to the foreseeable rescue doctrine?

A

“Firefighter’s Rule” (and Police)

Based on assumption of risk or public policy grounds, a firefighter is generally precluded from recovery for injuries occuring on duty from risks inherent to his job, even if caused by another’s negligence.

22
Q

What are the prima facie elements for the tort of false imprisonment?

A

(1) An act or omission to act on ∆’s part that confines or restrains π to a bounded area
(2) Intent on the part of the ∆ to confine or restrain the π to a bounded area, and
(3) causation

23
Q

When does a ∆ “intend” for something to happen?

A

(1) it is his purpose for that consequence, or

(2) he knows with substantial certainty what the consequences will be

24
Q

May withholding property from the π be a valid form of confinement/restraint for the purposes of a false imprisonment claim?

A

Yes, if the ∆ is substantially certain that this will restrain the π from leaving.

25
Q

If ∆’s behavior was wonton or reckless, will the court look at the π’s behavior?

A

In a comparative fault jurisdiction, yes, generally.

In a contributory negligence jurisdiction, probably not.

26
Q

Are honeybees wild or domestic?

A

Domestic, so an owner of honeybees will just be held to a negligence standard for injuries caused by the beekeeping.

27
Q

What claims does a π have if ∆ tried to pretend hitting them from behind their back, then accidentally actually hit them?

A

Assault: No, was behind back.
Battery: No, no intent to actually commit tort (assault or battery)
Negligence: Yeah, probably.

28
Q

Does stealing a product bar the thieving π from collecting damages?

A

No. For products liability, anybody is a foreseeable plaintiff once the product enters the stream of commerce.

29
Q

What are the categories of statements that fall within slander per se?

A

(1) π was involved in criminal activity
(2) π has loathsome disease
(3) π engaged in sexual misconduct (unchaste)
(4) π behaved in an incompatible way with her trade, business, or profession