Mbe Torts

Front 1

What is the standard of care for a professional?

Back 1

the skill & knowledge of a member of the profession in good standing

Front 2

What is the standard of care for a professional who has special knowledge not held by other members?

Back 2

He must exercise that knowledge

Front 3

What is the standard of care for a child?

Back 3

the degree of care that would be reasonable for a child of similar age, education, intelligence and experience

Front 4

What is the standard of care for a child engage in adult activity?

Back 4

reasonable care

Front 5

What duty of care does a landlord owe to a trespasser?

Back 5

none

Front 6

What duty of care does a landlord owe to a known trespasser?

Back 6

warn of concealed artificial conditions that present risk of death or serious injury

Front 7

What duty of care does a landlord owe to a child trespasser?

Back 7

use reasonable care to prevent injury

Front 8

What duty of care does a landlord owe to a licensee?

Back 8

duty to warn of dangerous conditions that D knows of (natural and artificial)

Front 9

What duty of care does a landlord owe to an invitee?

Back 9

duty to warn of concealed dangerous conditions that landlord should know of (so must make reasonable inspections)

Front 10

What is the standard of care of a common carrier?

Back 10

must exercise a high degree of care; even slight negligence breaches the duty

Front 11

When is an activity ultrahazardous?

Back 11

Serious risk of harm
cannot be performed w/complete safety
not commonly performed in this community
dangerous propensity of activity is cause of the harm

Front 12

Elements for sale of unreasonably dangerous defective product

Back 12

1. D is commercial supplier of product
2. product was in defective, dangerous state when D sold it/placed in stream of commerce
3. product was cause of injury

Front 13

Elements of defamation

Back 13

1. defamatory statement by D
2. statement about P
3. publication to third person
4. damage

Front 14

What extra element must P prove re: defamation where public figure or matter of public concern

Back 14

Malice (D knew statement was false or was reckless as to its falsity)

Front 15

What are the four torts comprising invasion of privacy?

Back 15

Use of P's name/image for commercial advantage
Unreasonable intrusion
False light (easier to prove than defamation)
Unreasonable publication by D of private facts about P

Front 16

Definition of nuisance

Back 16

substantial, unreasonable interference w/P's use and enjoyment of land

Front 17

Definition of assault

Back 17

Intentional creation in P of an immediate apprehension of harmful or offensive bodily contact that results in reasonable apprehension of such contact

Front 18

Definition of battery

Back 18

Act by D w/intent to cause bodily contact that results in bodily contact that is either harmful or offensive

Front 19

Definition of false imprisonment

Back 19

Act intended to confine P involuntarily to a bounded area resulting in such confinement

Front 20

Definition of trespass to land

Back 20

Act done w/intent to enter land that results in an invasion of the land of another

Front 21

Definition of IIED

Back 21

1. outrageous conduct by D
2. intent to cause emotional distress or recklessness as to so causing
3. causation
4. damages in the form of severe emotional distress

Front 22

What must be proved as to NIED but not for IIED?

Back 22

Physical injury in conjunction w/distress