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Kevin McGrath
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Decks in this class (29)
Intentional Torts: Overview, Battery, and Assault
Two basic principles that apply t...,
In deciding whether p has satisfi...,
What incapacity defenses exist fo...
32
cards
IIED
Iied can be established by a show...,
Elements of iied 4,
Under iied outrageous conduct means
12
cards
Intentional Torts Against Property
Trespass to land elements,
The act of physical invasion can ...,
Is a mistaken entry still actiona...
25
cards
Defenses to Intentional Torts
First issue with consent is always,
True or false legal capacity is a...,
The majority view is that one can...
36
cards
Defamation
Defamation elements,
A statement is considered to be d...,
John doe is a no good son of a bi...
35
cards
Privacy Torts
What are the 4 privacy torts,
Define appropriation,
There is a _________ exception to...
13
cards
Negligence
Elements of negligence,
Duty means in schechters words,
To whom is the duty to take risk ...
12
cards
Special Duty Standards (Neg)
Children under the age of 5 are a...,
What duty of care do children 5 y...,
Children 5 years old through chil...
14
cards
Premises Liability
In a premises liability situation...,
What duty does the possessor of t...,
Four categories of entrant
25
cards
Statutory Standards of Care
When will we borrow a statute and...,
Woman lives in high rise heads ou...,
Woman lives in high rise heads ou...
4
cards
Duties to Act Affirmatively
Standard rule for rescue,
The rule that there is no legal d...,
What are the two exceptions to th...
6
cards
Negligent Infliction of Emotional DIstress
Threshold elements of nied 2,
Near miss fact pattern d nearly i...,
Where threshold elements not nece...
7
cards
Breach
The breach element is time when t...,
Res ipsa locutur is used by whom,
To invoke res ipsa locutur p must...
10
cards
Causation
Factual or proximate causation first,
Factual causation does what,
Be sure to never use the definite...
33
cards
Damages
Once you have proven all of the r...,
You take your plaintiff
2
cards
Affirmative Defenses to Negligence
Contributory negligence define,
Implied assumption of the risk wh...,
If a plaintiff has failed to exer...
17
cards
Strict Liability
Claims for injuries caused by ani...,
Domesticated animals the general ...,
What is the exception to the amer...
37
cards
Nusiance
A plaintiff establishes nuisance ...,
A defendants state of mind is cri...,
The right nuisance answers tend t...
4
cards
Vicarious Liability
Vicarious liability flows from a ...,
4 classic vicarious liability rel...,
An employer is vicariously liable...
13
cards
Joint Defendants
Always assume that co defendants are,
Can a defendant that pays the pla...,
In which two situations does an o...
3
cards
Loss of Consortium
Is marriage required,
L of c is a ______ coa,
Three types of damage in the l of...
3
cards
Extra Stuff from Diagnostic
A duty of care is generally not o...,
Under the attractive nuisance doc...,
X tries to assault a but his cond...
21
cards
Elements
Battery 4,
Assault 4,
False imprisonment 4
24
cards
General Overview
Transferred intent may be invoked...
1
cards
Misrepresentation
Prima facie case of intentional m...,
There is no general duty to discl...,
If a third party relies on ds mis...
8
cards
Duty of Possessor of Land
Duty to undiscovered trespasser,
Duty to discovered trespasser,
Duty to licensee
6
cards
IIED v. NIED
Fault required,
Causation and damages,
Bystander recovery elements
4
cards
Indirect Causes
Foreseeable risk caused by unfore...,
Unforeseeable results caused by f...,
Unforeseeable results causes by u...
3
cards
Strict Liability Products
Elements
1
cards
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Torts
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