My Torts Outline

Front 1

My Torts Topical Outline contains how many Roman Numeral Categories?

Back 1

VII.

Front 2

I. Intentional Torts
Name all the Intentional Torts & Categories under "Intentional Torts"

Back 2

I a. Battery, Assault, FI, T to L, T to Ch, Conversion, Malicious Prosecution, Abuse of Process, Intentional Misrepresentation, Intentional Interference w/ Contract/Economic Expectancy,
Intentional Infliction of Emotional Distress
Ib. (6) Defenses: consent, self-defense, defense of others, defense of property, pub and priv necessity, arrest

Front 3

I. Intentional Torts
Name all the Intentional Torts by first letter:

Back 3

B, A, F, TL, TC, C, MP, AP, IM, IIC/EE, IIED

Front 4

I. Intentional Torts -
(6) Defenses

Back 4

c,s,d,d,p,p,a
1. consent
2. self-defense
3. defense of others
4. defense of property
5. public and private necessity
6. arrest

Front 5

I. Intentional Torts
Elements for Battery

Back 5

Volitional act by Def.,
with the intent (desire or substantial certainty) to cause a harmful or offensive contact with plaintiff's person,
that causes an actual harmful or offensive contact.

Front 6

I. Intentional Torts

ASSAULT

Back 6

An overt, volitional act by Def.,
with the intent to place pltf. in apprehension of an imminent battery,
causing actual apprehension of a harmful or offensive contact.

Front 7

I. Intentional Torts

False Imprisonment

Back 7

Volitional act by defendant,
intending to confine Pltf to a bounded area,
causing Pltf to be confined to a bounded area with no reasonable means of escape,
and Pltf must be AWARE of confinement or be harmed by it.

Front 8

I. Intentional Torts

Trespass to Land

Back 8

Volitional act by Defendant,
with intent to enter (physically invade) a particular piece of land,
causing entry (physical invasion) of the land of another

Front 9

I. Intentional Torts

Trespass to Chattels

Back 9

Volitional act,
with intent to interfere (intermeddle) with the right to possession of the chattels of another,
causing the interference of the chattels of another.
Damages: Actual Damages Required. Generally, nominal dmgs will not be awarded in the absence of any actual damages, an will not lie. However, if the trespass amounts to a DISPOSSESSION, conduct on Def's part serving to dispossess pltf of his lawful right of possession. Value of repair of lost time w/chattel?

Front 10

I. Intentional Torts
Conversion

Back 10

Volitional act by def. INTERFERING with pltfs right of possession in the chattel that is SERIOUS ENOUGH in NATURE OR CONSEQUENCE, to warrant that the Def. PAY THE FULL VALUE of the chattel;
with intent to perform the act bringing about the substantial interference w/chattels of another by someone already in lawful possession of the property of another,
causing substantial interference with property of another.
Damages: Full value of property, as of date of conversion.

Front 11

I. Intentional Torts
Malicious Prosecution

Back 11

1. INSTITUTION OF CRIMINAL proceedings against Pltf
2. Termination FAVORABLE TO PLTF
3. ABSENCE OF PROBABLE CAUSE for prosecution
4. IMPROPER PURPOSE of defendant; AND
5. Damages

Front 12

I. Intentional Torts
Abuse of Process

Back 12

It is a tort to use any form of process - civil or criminal - to bring about a result other than that for which the form of process was intended; (e.g. defendant garnished an account to force pltf to sign a lease.
Elements are:
1. the wrongful use of the process for an ulterior purpose, and
2. some definite act or threat against pltf to accomplish the ulterior purpose.

Front 13

I. Intentional Torts
Intentional Misrepresentation

Back 13

M - material misrepresentation
I - Intent to induce Pltf's reliance
S - Scienter
C - Causation (i.e. actual reliance on the misrepresentation)
J - Justifiable Reliance
D - Damages

Front 14

Intentional Interference w/ Contract/Economic Expectancy
(4 elements) v,k,i,d

Back 14

1. Existence of a VALID CONTRACTUAL RELATIONSHIP between pltf and a third party
or a VALID BUSINESS EXPECTANCY of plaintiff;
2. Defendant's KNOWLEDGE of the relationship or expectancy;
3. INTENTOINAL INTERFERENCE by Defendant that induces a breach or termination of the relationship or expectancy; and
4. Damages to Pltf.

Front 15

I. Intentional Torts
Intentional Infliction of Emotional Distress

Back 15

1. Extreme & Outrageous conduct by Def.,
2. w/Intent to cause Severe Emotional Distress in Pltf,
3. which causes S.E.D. in pltf
4. and damages result

Front 16

I. Intentional Torts
DEFENSES

Back 16

cs, dd, pa
1. consent
2. self-defense
3. defense of others
4. defense of property
5. public or private necessity
6. arrest

Front 17

I. Intentional Torts
Defense - Arrest:

Back 17

Depending on the facts of the particular case, one may have a privilege to make an arrest of a third person.
- Invasion of Land (privilege to enter another's land for this purpose)
- Subsequent Misconduct (Although the arrest itself may be privileged, the actor may still be liable for subsequent misconduct, e.g. failing to bring the arrested party before a magistrate, unduly detaining the party in jail, etc.)
- Mistake (One who makes an arrest under the mistaken belief that it is privileged may be liable for false imprisonment).

Front 18

I. Intentional Torts
Things to remember:

Back 18

Causation/Intent: INDIRECT causation is SUFFICIENT IF Def. SETS IN MOTION a force that brings about the specific result (e.g. battery - brings about a harmful or offensive contact to the Pltf's person)

? What else?

Front 19

II. DEFAMATION
How many items to remember under Defamation?

Back 19

Seven

Front 20

II. Defamation
CL Elements:

Back 20

1. Defamatory statement
2. Of or concerning Pltf
3. Publication to a third person
4. Damages, may be: different for Libel and Slander

Front 21

II. Defamation

2 Additional requirements for public figures/official or matters of public concern

Back 21

1. Falsity of Statement
2. State of Mind (Malice)

Front 22

Defamation
F - Defenses

Back 22

c, t,ap, qp
Consent, truth, absolute privilege, qualified privilege

Front 23

Defamation
My abbreviations for all:

Back 23

E, A, D + C,T, AP, QP

E-lements (CL)
A-dditional elements for PP
D-Defenses to Defamation

Front 24

IV. NEGLIGENCE
Elements?

Back 24

Duty
Breach
Causation
Damages

Front 25

IV. Negligence
A. Duty
1. ?
2. ?

Back 25

1. To Whom is a duty owed? (forseeable pltfs with rescuer exception)
2. HOW MUCH CARE must we provide?

Front 26

IV. Negligence
Duty
2. a,b,c,d,e,f,g ?

Back 26

2. How MUCH care must we provide?
a. Reasonable person in the same or similar circumstances
b. Children
c. Professionals
d. Land Owners
e. Statutory Standards of Care
f. Duties to Act Affirmatively
g. NIED

Front 27

Negligence - DUTY
1. To WHOM is a duty owed?
2. How MUCH care must we provide?

Back 27

1. Foreseeable pltfs with rescuer exception.
2. a. REASONABLE PERSON in the same or similar circumstances
b. Children
c. Professionals
d. Land Owners
e. Statory Standards of Care
f. Duties to Act Affirmatively
g. NIED

Front 28

Negligence -
1. Duty (3)
2. Breach (3)
3. Causation (4)
4. Damages

Back 28

1. DUTY
- Neg Per Se/Statute
- Standard of Care/
Foreseeable Pltf/Zone of Danger
- Invitee/Licensee

2. BREACH
- Unreasonable
- Res Ipsa Loquitur
- Cost vs. Risk

3. CAUSATION
- Actual Case/But For
- Proximate Cause
- Pltf's INJURY MUST be a FORESEEABLE CONSEQUENCE of Def's Negligence.
- (Is there an INTERVENING act?)
- Foreseeable or
unforseeable?

4. DAMAGES

Front 29

V. STRICT LIABILITY
A. Injuries caused by ANIMALS
B. Ultra Hazardous Activities
C. Products Liability

Back 29

A. Animals:
1. Domesticated animals - general rule
2. Trespassing cattle
3. Wild Animals

Front 30

IV. Negligence
- Standard of care (General rule)

Back 30

reasonable person in the same or similar circumstances

Front 31

IV. Negligence
- Breach - Res Ipsa Loquitur
* What is it?
* It is appropriate when?

Back 31

* means the thing speaks for itself
* It is appropriate in situations where:
1. an injury does NOT usually occur unless someone was negligent AND
2. Pltf does NOT know which of the Defs caused the injury, AND
3. where a particular Def. had the power of control over the site or instrumentatily of the injury.

Front 32

IV. Negligence
1. Duty (Main rule)

Back 32

The existence of a DUTY, on the part of Defendant, to conform to a specific standard of conduct, for the protection of the Plaintiff, against an unreasonable risk of injury.

Front 33

IV. Negligence
1. Duty - foreseeable & unforseeable events/acts

Back 33

Unforseeable events:
- NO DUTY is imposed upon a person to take precautions against events that CANNOT reasonable be foreseen. (ex: distance from Def's test site...)

Thus, if at the time of the Def's conduct, no foreseeable risk of injury to a person in the position of the Pltf is created by Def's act, the general duty of care does NOT extend from the Def. to the Pltf.

Front 34

IV. Negligence
1. Duty - foreseeable & unforseeable events/acts
What are the UNFORSEEABLE events/acts:

Back 34

1. Acts of God
2. Criminal acts of another
3. Intentional torts of another
4. Gross Negligence

Front 35

IV. Negligence
1. Duty - foreseeable & unforseeable events/acts

3. Causation - foreseeable & unforseeable events/acts

What is the question (issue) asked for each?

Back 35

for Duty:
Is Pltf a "foreseeable Plaintiff?"

for Causation:
Was Pltf's injury a "foreseeable result" of Def's action?

Front 36

IV. Negligence
1. Duty - forseeable & unforseeable events/acts
3. Causation - foreseeable & unforseeable events/acts

What are the FORESEEABLE events/acts?

Back 36

Foreseeable:
N
T - Take victim as you find him
D - Danger invites rescue
O - One injured by forces set in motion by Def.'s act

Front 37

NEGLIGENCE:

1. DUTY
- Generally, ...
- Special Duties of Care...

Back 37

Generally, a person owes the duty of a reasonable prudent person in similar circumstances.

Special Duties of Care:
(6) C,P, L, S, A, N

1. Children
2. Professionals
3. Land Owners
4. Statutes
5. Duty to ACT AFFIRMATIVELY
6. N.I.E.D.

Front 38

NEGLIGENCE:

2. BREACH
- Main rule?
(what is my rule statement)

Back 38

Pltf must show that the Def's wrongful conduct, fell below the applicable standard of care.
- (Identify Def's conduct)
- (Describe WHY D's conduct fell below the applicable standard of care)

Front 39

2. BREACH - (m,u,r,c)

Back 39

Discuss:
M-ain rule -
U-nreasonable/Below the Applicable standard of care
R-es Ipsa Loquitur
C-ost v. Risk

Front 40

NEGLIGENCE

3. CAUSATION - (M,A, P, D, F, IA, SIA)

Back 40

Discuss:
M-ain rule -
A-ctual Cause/But For Test -
P-roximate Cause -
D-irect Cause & Indirect Cause -
F-oreseeable Acts/Unforseeable Acts
IA-Intervening Acts
SIC - Superceding Intervening Acts/Causes

Front 41

NEGLIGENCE

4. DAMAGES - m, e

Back 41

Discuss:
M-ain rule -
E-gg shell skull plaintiff -

Front 42

NEGLIGENCE

*DEFENSES to Negligence?

Back 42

(3)
Comparative Negligence -
Contributory Negligence (traditional) -
Assumption of the Risk -

Front 43

More re Negligence

Back 43

?

Front 44

V. STRICT LIABILITY
A. Injuries caused by ANIMALS
B. Ultra Hazardous Activities
C. Products Liability

Back 44

A. Animals:
1. Domesticated animals - general rule
2. Trespassing cattle
3. Wild Animals

Front 45

NEGLIGENCE
1. DUTY
- Special duties of care
1. Children - ?

Back 45

(3) - U,G,A

1. UNDER age 4, children are NOT capable of negligence. Therefore, no liability.

2. Generally, a child owes the duty of care of a hypothetical child of similar Age, Intelligence & Experience (A,I,E).

3. ADULT ACTIVITY - If a child is engaged in an "adult activity", use the adult standard of a rpp.
An example of an adult activity is driving a car, or operating a vehicle with a motor (airplane...).

Front 46

NEGLIGENCE
1. DUTY
- Special duties of care:
2. Professionals - ?

What is the duty-standard of care for Professionals?

Back 46

(4) - A,C,E,C

1. Average Member of that Profession, in good standing, practicing in a similar community.

2.

Front 47

More re Negligence

Back 47

?

Front 48

IV. NEGLIGENCE
2. Breach (what am I talking about here?)

Back 48

1. What is the wrongful conduct?
and 2. Why does it fall short of the applicable standard?

Front 49

IV. Negligence
2. Breach
Things to remember:
The more specific the duty standard...

Back 49

the less there is to explain about breach.

Front 50

Defense to Intentional Torts:

1. Consent -

Back 50

C,V,T,S,C
- Def. is not liable for a tortious act if the Pltf consented to the Def.'s act.
- Consent may given expressly, or implied from custom, usage, conduct or words, or by law.

2. Pltf must have legal CAPACITY, without capacity a person cannot give VALID consent.
- ssa
- m a (4yrs)
- MI - cannot consent to surgery.
- Incompetents, drunken persons & very young children are deemed incapable of consent. parents or guardians would need to give consent.

Front 51

Defense to Intentional Tort -
2. Self Defense
What does this mneumonic mean?
Go Pickup TAR, Referring to Flavorable, Delicious Gum.

Back 51

G - Generally, a person is privileged to use reasonable force to protect himself or others from unlawful harm or injury.

T - Two conditions must be met: TIMING and ACCURACY;

R - Must have a REASONABLE BELIEF that invasion is imminent and genuine.
R - Reasonable mistake will NOT deprive you of using this defense.

F - Only entitled to use amount of FORCE necessary to respond to the threat. If you use EXCESSIVE force, you will be liable for a tort.

D - DEADLY FORCE can be used in self-defense of others if deadly force is threatened.
- However, deadly force is NEVER acceptable to protect PROPERTY alone (and no deadly traps to protect property).

Front 52

I. Defense to Intentional Torts:
2. SELF DEFENSE, Defense of others, Defense of property

Back 52

g,p,ta,r,r,f,d
Generally, a person is privileged to use reasonable force to protect himself or others from unlawful harm or injury.
These defenses, also called protective privileges, can be used if TWO CONDITIONS are met: TIMING AND ACCURACY.
Must have a REASONABLE BELIEF that invasion is imminent and genuine. REASONABLE MISTAKE will NOT deprive Def. of using this defense.
- Only entitled to use amount of FORCE necessary to respond to the threat.
- If you use EXCESSIVE force, you will be liable for a tort.
- DEADLY FORCE can be used in self defense of others if deadly force is threatened.
- However, DEADLY FORCE is NEVER ACCEPTABLE TO protect property alone (and no deadly traps to protect property).

Front 53

Defense to Intentional Torts:

2. SELF DEFENSE, Defense of Others, Defense of Property -

What is my mneumonic and issues/letters to remember?

Back 53

Go Pickup TAR, Referring to Flavorable, Delicious Gum.

Front 54

Defenses to Intentional Torts:

6. ARREST -

What is my mneumonic and issues/letters to remember?

Back 54

During Freeway time, I Sing Mommy Folk-songs.
(D-F, I, S, M) - 4

Front 55

Defenses to Intentional Torts:

6. ARREST -
(4) - ????

Back 55

D-F, I, S, M
DEPENDING on the FACTS of the particular case, one may have a privilege to make an arrest of a THIRD person.
- INVASION of land (Privilege to enter another's land for this purpose)
- SUBSEQUENT Misconduct - (Although the arrest itself may be privileged, the actor may still be liable for subsequent misconduct, e.g. failing to bring the arrested party before a magistrate, unduly detaining the party in jail, etc.)
- MISTAKE (One who makes an arrest under the mistaken belief that it is privileged, may be liable for false imprisonment).

Front 56

Defenses to Intentional Torts:
7. Public & Private Necessity:

Back 56

G, P-A, P-A-P, D-Q

Front 57

Defenses to Intentional Torts:
Necessity (Public & Private Necessity:

Back 57

A person may interfere with the real or personal property of another, where the interference is reasonably and apparently necessary to avoid threatened injury from a natural or other force, and where the threatened injury is SUBSTANTIALLY MORE serious than the invasion that is undertaken to avert it.
- Public - Where the act is for the PUBLIC good (e.g., shooting a rabid dog), the defense is ABSOLUTE.
- Private - Where the act is solely to benefit ANY PERSON (the actor, the owner of the land, or some other third person), or to protect ANY PROPERTY from destruction or serious injury (e.g., tying up to a dock in a storm), the defense is QUALIFIED, i.e., the actor must pay for any injury he causes.

Front 58

Defenses to Intentional Torts:

8. DISCIPLINE

Back 58

Discipline - A parent or teacher may use REASONABLE force in disciplining children, taking into account the age and sex of the child and the seriousness of the behavior.

Front 59

**Best card - Defenses to Intentional Torts

- PUBLIC Necessity

Back 59

(R, I, A, N) - 4

- RELATES only to trespass to land, chattels, and conversion.

- Applicable when Defendant INVADES Pltf's property in an EMERGENCY, to protect the COMMUNITY as a whole, or a significant group of people.
- Is an ABSOLUTE defense.
- There is NO legal liability.

Front 60

Defenses to Intentional Torts

- PRIVATE Necessity

Back 60

(7) - I,P,N,M,N,E,PL

- App. when Def. INVADES Pltf's property in an emergency to PROTECT a PERSONAL interest of his own. (These are self-interested defendants not altruistic defendants).
- This is NOT an absolute defense, only a limited defense.

- MUST PAY for actual harm done to plaintiff's property.
- NOT liable for NOMINAL or punitive damages.

- As long as the EMERGENCY continues, the private necessity defendant can remain on the Plt's land as sanctuary.

- PLAINTIFF has NO PRIVILEGE
to chase Defendant away.
(Example: If guy is hiding from bull on someone else's property and then that person forces him off the land and he gets hurt, the landowner is liable).

Front 61

I, D, P, N, S, B, M

III. PRIVACY TORTS (4)

What are the 4 privacy torts?

Back 61

1. Appropriation
2. Intrusion
3. False Light
4. Public Disclosure of Private Facts

Front 62

III. PRIVACY TORTS (4)
A, I, F, P

What are the elements for APPROPRIATION?

Back 62

2 elements (U,N)

1. Defendant USES Pltf's name or picture for a commercial advantage without Pltf's permission.

2. There is a NEWSworthiness exception. Example: Sports Illustrated puts Tiger Woods' picture of winning a recent major tournament on the front cover, this is not a tort.

Front 63

III. PRIVACY TORTS (4)
A,I,F,P

What are the elements for INTRUSION?

Back 63

4 elements (I,W,E,T)

1. INVASION of Pltf's seclusion by Defendant, in a way that would be objectionable to an average person.

2. This includes WIRE tapping or video surveillance.
3. Plaintiff must be in a place where there is an EXPECTATION of privacy.
4. This tort does not require a TRESPASS to land, although many cases will involve a trespass to land.

Front 64

III. PRIVACY TORTS (4)
A,I,F,P

What are the elements for
FALSE LIGHT?

Back 64

4 elements (W,M,O,I)
1. Widespread dissemination of a MATERIAL falsehood about Pltf, which would be objectionable to an average person.
2. The M

Front 65

V. STRICT LIABILITY
A. Injuries caused by ANIMALS
B. Ultra Hazardous Activities
C. Products Liability

Back 65

A. Animals:
1. Domesticated animals - general rule
2. Trespassing cattle
3. Wild Animals

Front 66

IV. Negligence - Defenses

Contributory Negligence (Trad.) ?
- LC ?

Back 66

*At CL, Pltf's contributory negligence, any % of fault by Pltf, COMPLETELY BARRED Pltf's right to RECOVERY.

Modernly, most courts have rejected the traditional contrib. negligence approach.

LC - Last clear chance - This doctrine permits the Pltf to recover, despite his own contributory negligence.
- The person with the last clear chance to avid an accident, who fails to do so, is liable for negligence. (This is Pltf's argument after being accused of contributory negligence)

Front 67

IV. Negligence - Defenses

Comparative Negligence ?

Back 67

(Majority) Where contributory negligence is shown, the trier of fact weighs Pltf's negligence against that of Def, and reduces Pltf's damages accordingly.
2 types of comparative neglig.:
a. "Pure" Comparative Negligence - P always recovers something bd we go strictly by the numbers.
b. "Modified" or "partial" Comparative Negligence - IF P's fault is LESS THAN OR equal to 50%, it reduces Pltf's recovery, but if P's fault is OVER 50%, it is an absolute BAR to recovery.

- DEF must show that the Pltf failed to exercise relevant care for his own safety.

Front 68

IV. Negligence - Defenses

3. Assumption of Risk?

Back 68

* Pltf may be denied recovery if he assumed the risk of any damage caused by Def's acts.
*To have assumed the risk, either expressly or impliedly, the Pltf must have KNOWN of the risk AND VOLUNTARILY assumed it.
- It is irrelevant that Pltf's choice is unreasonable.

*Certain risks may NOT be assumed, because of public policy considerations, a common carrier and public utilities are not permitted to limit their liabilities for P.I. by a disclaimer on a ticket or from a posted sign.

* Plft may NOT have assumed the risk where there is NO available alternative to proceeding in the face of the risk, e.g., the only exit from a bldg is unsafe, pltf did not assume the risk.