Barbri Torts

Front 1

Vicarious Liability: Intentional Torts

Back 1

Usually, intentional torts by servants are not within the scope of employment, with two exceptions:
(1) force is authorized (bouncer)
(2) friction is generated by employment (bill collector)
(3) employee is furthering the business of the employer (removing rowdy customers)

Front 2

Vicarious Liability: Independent Contractors

Back 2

A principal is not vicariously liable for tortious acts of her agent if the agent is an independent contractor. exceptions:

(1) IC engaged in inherently dangerous activities
(2) certain nondelegable duties, like duty to use care in building a fence around an excavation site

Front 3

Transferred Intent: Intending Assault but Committing Battery

Back 3

If D has requisite intent for assault (creation of reasonable apprehension) that intent is sufficient for battery if contact occurs as the result of D's actions.

Front 4

Appropriation of P's picture or name for D's commercial advantage: Elements

Back 4

P need only prove unauthorized use by D of P's picture or name for D's commercial advantage.

Liability is limited to the use of the P's picture or name in connection with the promotion or advertisement of a product or service.

Front 5

Is mistake a defense as to consent to the tort of appropriation of P's picture or name for commercial advantage?

Back 5

No. Mistake, even if reasonable, as to consent is not a valid defense.

Front 6

False Light: Elements

Back 6

Where one attributes to P views he does not hold or actions he did not take.

The false light must be something objectionable to a reasonable person under the circumstances. There must be publicity.

But if the matter is of public interest, malice on the part of the D must be proved.