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30 Cards in this Set
- Front
- Back
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Product liability is found when PENIS applies
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Public Misrepresentation
Express Warranty Negligence Implied Warranty Strict Liability |
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Strict LBL is found when you're
UP @ DAWN |
Ultra-hazardous activities
Product defects Domestic, dangerous animals Animals that are wild Worker's Comp by STT No Fault Auto Ins |
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Economic injury is caused by
FAMINE |
Fraudulent representation
Abuse of process Malicious Prosecution Injurious falsehood w/ damages Negligent misrepresentation Economic/K advantages |
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Vicarious liability is found on a DARE
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Delegation of non-delegable duties
Automobile ownership Respondeat Superior Propensity of child for danger Joint Enterprises confuse children/obscure danger Entrustment (N) of dangerous instruments to a child or novice |
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Attractive Nuisance is REAL when...
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Recognition of danger difficult for child
Expense to fix less than injury cost Artificial condition on property Likely that kids will trespass |
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Negligent Entrustment
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Delegate non-delegable duties to child or person incapable of carrying them out, statutory bar to delegation or use by family member
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The HELP have enhanced standards of care
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Hospital Staff
Employer - EE Landlord - Tenant Prisoners by the Warden |
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This COUPLE has an enhanced standard of care
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Creation of harmful situation created duty
Owner/Occuper of land Undertaking rescue or act N per se (by STT, act irrelevant) Local ordinance violation Emergency |
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SKID and PART have enhanced standards of care
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School to child
K - contractual duty Innkeeper and guests Dramshop drinking Professsionals Auto drivers to passengers Res Ipsa Loquitur Travelers |
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The doctrine of Transferred Intent means you can't BAIL on a hurtful act when it causes...
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Battery
Assault Imprisonment (false) Land trespass |
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Negligence is found in the
DIP |
Duty found owed to PL
Breach of Duty Injury caused Causation was D's BR Damages |
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Res Ipsa Loquitur is found in a
PEA pod. |
Probability that P was injured d/t D's conduct
Exclusive control of injuring instrument by D Absent N, typically an injury would not have occurred |
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Parents are liable for children's torts when they are SICK
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Servant/Agent of parent
Instrument negligently entrusted Consent to kids' tortious at Parent's failure to control kid |
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Tort damages are determined by how well you
FUCC |
Forseeable damages present when BR occurred
Unavoidable - No recovery for voidable/mitigated losses Causality - but/for link Certainty - Damages align w/ injury |
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Tortious conduct is like a RING, it is
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Reckless
Intentional Negligent OR Grossly Negligent |
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An act is a tort when it is done
IN SIN |
Intentional harm to a person
Negligent conduct Strict liability Intentional harm to property or money Nuisance |
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N can be found in conduct when the D's actions are un - FIT
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Failure to take reasonable precautions under foreseeable risks
Inadvertent Thoughtless |
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N can be found in LARGE CDDs
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Last Clear Chance
Assumption of Risk Res Ipsa loquitor Guest Statute Emergency Doctrine Comparative or Contributory Dram Shop Danger invites Rescue |
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A Domestic Animal has "dangerous propensities" when it has...
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Bitten, growled, or snapped at someone
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Malicious prosecution occurs when you lay out the MAT for it.
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Malice in pursuing or continuing prosecution
Absence of PC Termination of other prosecution in pursuit of D on merits or otherwise |
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A SCORN'D victim is a defense to intentional torts...
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Arrest using reasonable force
Shopkeeper's privilege Consent Other's protection Recapture of property Necessity for public purpose or nuisance Defense of self, land or chattel |
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An IIED makes a SAD CEO
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Severe
And Debilitating emotions caused by Conduct that was Extreme and Outrageous |
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Only a KID can be sued for tortious interference of a K
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Knowledge of K
Intentionally convinced a party to BR Damages resulted from BR |
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You can run on my property but only if it's to get away from a...
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Serious and immediate threat
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My duty as a landowner depends on whether you are an...
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Licensee
Invitee or Trespasser |
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Your Insurance Company does not have to pay no - fault benefits to FIFI's MD who is...
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Fleeing (lawful arrest)
Intentionally causes injury Felony in progress (RQ sentence) Intoxicated Stolen vehicle Motorcycle driver Drag racing |
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A serious injury under torts includes:
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Death
Disfigurement Dismemberment Baby loss Bone fracture Daily routine impossible (RP) |
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Slander requires special damages proven unless CLAMS are on the menu...
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Criminal accusations
Loathsome disease Adverse impact on P's trade Moral turpitude Sexual misconduct |
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CLAMS are negated by privilege when the D has JET LAG
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Judicial proceeding
Entity communication Truth Legislative session Executive branch Grievance to Attorney enforcement |
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Privacy invasion occurs at a CLIP
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Commercial misappropriation of P name, likeness, etc
False LIGHT publicity (highly offensive and unreasonable) Intentional intrusion into solitude Public disclosure of private facts |
