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20 Cards in this Set

  • Front
  • Back
Battery Elements
(1) D engages in harmful or offensive contact
(2) Contact is with the P's person
Assault Elements
(1) D puts P in apprehension
(2) Of immediate battery
False Imprisonment Elements
(1) Act of restraint
(2) Resulting in P's confinement in a bounded area
Intentional Infliction of Emotional Distress Elements
(1) Outrageous conduct by the D
(2) P suffers severe distress
Trespass Elements
(1) Act of physical invasion
(2) On P's land
Trespass to Chattels Elements
Intentional interference with chattel (personal property) that does not rise to the level of conversion
Conversion Elements
Intentional interference with chattel that causes severe harm to the personal property warranting entire replacement
Defamation Elements
(1) D makes defamatory statement
(2) Statement specifically identifies P
(3) Publication
(4) Damages - sometimes...
*Note difference for issues of public concern
Invasion of Privacy - Appropriation (NY)
D uses P's name or likeness without permission for a commercial purpose
*Note newsworthiness exception
Defenses to Defamation
(1) Consent
(2) Truth
(3) Privileges: Absolute and Qualified
Defamation Concerning Public Concern (1st Amendment) Elements
(1) Defamatory Statement
(2) About P
(3) Publication
(4) Damages - sometimes...
(5) Falsity of statement
(6) Fault on part of D
Fraud Elements
(1) D makes material misrepresentation of FACT
(2) Scienter: intent or recklessness by D
(3) Purpose of statement is to induce P
(4) Reliance by P
(5) Economic damages
Negligent Infliction of Emotional Distress Elements
(1) P must have been in the zone of danger
(2) There are physical manifestations of distress
NY Bystander Claim:
(1) V is spouse / child / parent
(2) P must have been in zone of danger
Res Ipsa Loquitor Requirements
(1) P must show that the accident is not normally caused without negligence
(2) P must show that the accident is normally due to neligence of someone in D's position (= control)
Well-Settled Intervening Occurrences - D IS LIABLE
(1) Intervening medical negligence
(2) Intervening negligent rescue
(3) Intervening protection or reaction forces
(4) Subsequent disease or accident
Requirements for Injunctive Relief in Tort
(1) No adequate remedy at law
(2) D's tort has invaded protectible right
(3) Injunction would be enforceable
(4) Balance of hardships tips in P's favor
Requirements for Preliminary Injunction - Substantive
(1) Likelihood of success on the merits
(2) Irreparable injury if relief is not granted
Strict Liability in Products Elements
(1) D is a merchant that routinely deals in the goods
(2) Product is defective
(3) Product was not altered
(4) P was making foreseeable use of the product
Ultra-Hazardous Activities Elements
(1) Cannot be made reasonably safe given current technology
(2) Risk of severe harm
(3) Uncommon in the area where it's being conducted
Privacy Torts - What Are They (MBE)
(1) Appropriation (NY too)
(2) Intrusion
(3) False Light
(4) Disclosure