Cal Bar

Front 1

battery

Back 1

intentional trespassory harmful or offensive contact with P's person

Front 2

assault

Back 2

intentionally placing P in a reasonable apprehension of immediate harmful or offensive touching with P's person

Front 3

false imprisonment

Back 3

intentional act or omission to confine or restrain P to a bounded area with reasonable means of escape

- shopkeeper's privilege: detain suspected shoplifter if reasonable grounds for reasonable time (30 mins)

Front 4

trespass to land

Back 4

intentional act that results in the invasion of the land of another (no knowledge that the land is owned by D necessary)
- responsible for damages even w/ defense of necessity

Front 5

trespass to chattels/conversion

Back 5

1) trespass to chattels = intentional interference w/ use or enjoyment of chattel (damage/possession)
2) conversion: substantial interference w/ P's use or enjoyment of chattel. liable for FMV.

Front 6

nuisance

Back 6

unreasonable interference w/ P's use/enjoyment of land. unreasonable interference w/ health/safety/property of public.

Front 7

IIED

Back 7

unreasonably extreme and outrageous conduct causing severe emotional distress. Lower standard for highly sensitive classes (children, elderly, pregnant, innkeepers, hypersensitive if P knows)

Front 8

defenses to intentional torts

Back 8

1) consent: knowing and voluntary, express or implied. limited to scope.
2) self-defense: reasonable belief of imminent bodily harm
3) defense of others: only if 3d party has right to use force. no mistake allowed.
4) defense of property: reasonable non-deadly force
5) recapture of chattel: reasonable non-deadly force including trespass. no mistake allowed
6) citizen arrest: mis. breach of peace in D's presence. liable for dmgs if wrong. felony-in-fact committed. deadly force ok if serious harm. no mistake allowed.
7) police arrest: ms. breach of peace. felony - reasonable belief okay. deadly force ok if serious harm.
8) necessity: trespass necessary to avoid person/property injury in emergency situations. absolute privilege for public necessity. liable for actual damages for private necessity.
9) shopkeeper's privilege

Front 9

defamation

Back 9

defamatory language of or concerning P, published to 3d party, result in damages (slander per se: profession, loathsome disease, chastity of woman).
Public figure: must prove falsity and fault (malice)
Private figure: negligence

Front 10

defenses to defamation

Back 10

Absolute:
1) consent
2) truth
3) privilege
First amendment: qualified
4) reporting official procedures
5) fair comment opinion
6) socially useful purpose

Front 11

privacy torts - CLIP

Back 11

Commercial appropriation
Light (false): reasonably objectionable
Intrusion upon seclusion
Public disclosure of private facts (true ok but highly objectionable to reasonable person)

Front 12

fraud

Back 12

duty
intentional/reckless misrepresentation
about past/present material fact
intent of deceiving P
P justifiably relies to detriment

Front 13

malicious prosecution - DICTA

Back 13

Damages
Improper purpose
Criminal trial
Termination in favor of the criminal D
Absence of probable cause

Front 14

abuse of process

Back 14

using legal system against P with malicious intent to accomplish ulterior purpose (doesn't matter who wins)

Front 15

business torts

Back 15

1) interference w/ K - purposeful interference w/ existing K even if not breached
D: protection of defendant's or 3d party interest

2) interference w/ prospective advantage: interference w/ future K w/ malice or fraud)
D: competition

Front 16

injurious falsehood

Back 16

trade libel. reckless publication of false statement regarding business to create economic loss and actually results in.

Front 17

negligence

Back 17

1) duty: foreseeable P; standard of care = reasonable person
2) breach: violation of duty; negligence per se (if statute intended to protect); res ipsa loquitur
3) causation: actual (but-for); proximate (foreseeable w/in the zone of danger)
4) damages: actual damages

Front 18

negligent infliction of emotional distress

Back 18

threatened physical harm caused emotional injury which was physically manifested (if close family member, can be threat to 3d party)

Front 19

defenses to negligence

Back 19

1) contributory negligence: any fault of P negates recovery
2) comparative fault (pure): P recovers % of D's fault
3) comparative fault (modified): P recovers only if < 50% at fault
4) assumption of risk (in contributory negligence jx): no recovery if P voluntarily and knowingly exposed self to risk
5) last clear chance exception (applies in contributory negligence jx): no recovery if P had last clear chance to avoid injury/recover if D had last clear chance to avoid P's prior negligence

Front 20

strict liability - PAW

Back 20

Products
Activity (ultrahazardous)
Wild animals (and domestic if known propensities for danger - one bite rule)

strict duty to all foreseeable Ps (users, purchasers, bystanders), breach, causation, damages

Defenses: assumption of risk, knowing comparative negligence (unreasonable conduct/appreciate the danger)

Front 21

products liability - ME SIN

Back 21

Misrepresentation (express warranty)
Express warranty breach
Strict products liability (manufacturing, design, failure to warn)
Implied warranty (merchantability or specific purpose)
Negligence - failure to exercise reasonable care in inspection/manufacturing

Front 22

vicarious liability

Back 22

Respondeat superior (scope of employment - no frolic or independent K)
- watch for nondelagable duties (landowner)
Joint venture/partnerships
Car owners if driver on errand
Parents NOT VL for children's torts

Front 23

premises liability

Back 23

Unknown trespassers: no duty
Known/knowable Ts: duty to protect against known, manmade deathtraps
Licensees: duty to protect against known/knowable deathtraps (manmade or natural)
Invitees: duty to reasonably inspect potentially dangerous situations and fix them

Front 24

3d party liability

Back 24

Indemnification: 3d party fully liable (insurance)
Contribution: joint tortfeasers (can sue for contribution even if there's been a settlement)
Joint tortfeasor: everyone liable for whole amount but only pay P once
Summers v. Tice: if you can't tell who did it, both are jointly and severally liable.