Torts

Front 1

Intentional Tort-Prima Facie Case

Back 1

1) Act (Volitional)
2) Intent (specific and general)
3) Causation

Front 2

Transferred Intent

Back 2

1) intends to commit a tort
2) Commits a different Tort
3) even if a different person
Applicable to assault, battery, false imprisonment, trespass to land; or trespass to chattels

Front 3

Battery

Back 3

1) Harmful or offensive contract
2) to plaintiff's person (reasonable person);
3) intent; and
4) Causation

Front 4

Assault

Back 4

1) reasonable apprehension
2) immediate harmful or offensive contact
3) intent
4) causation

Front 5

False Imprisonment

Back 5

1) An Act that confines or restrains
2) to a bounded area
intent
3) Causation

Front 6

Intentional Infliction of Emotional Distress

Back 6

1) Extreme and outrageous Conduct (continuous, class of plaintiff, common carriers or inn keepers- gross insults
2) Intent or recklessness
3) Causation
4) Damages-Severe emotional damages

Front 7

Trespass to Land

Back 7

1) Physical invasion
2) Intent
3) Causation

Front 8

Trespass to Chattels

Back 8

1) An Act by defendant that interferes with P's right of possession
2) Intent
3) Causation;
4) Damages (Rental)

Front 9

Conversion

Back 9

1) An Act that interferes with plaintiff's right of possession
2) so serious it requires D to pay the full value
3) Intent
4) Causation

Front 10

Express Consent

Back 10

No liable if P consented except
1) mistake will undo express consent if D knew of and took advantage of the mistake
2) Consent induced by fruad will be invalidated if it goes to an essential matter, but not a collateral matter; and 3) consent obtained by duress will invalidated unless the duress is only threates of futre actio nro future economic deprivation

Front 11

Implied Consent

Back 11

Apparent consent is that which a reasonable person would infer from custom and usage or plaintff's conduct e.g. normal contacts inherent in body-contact sports ordinary incidental contact. Consent implied by law aries when action is necessary to save a person's life or some other important interest in person or property.

Front 12

Capacity Required for Consent

Back 12

Individual without capacity are deemed incapable of consent. Incompetents, drunken persons and very young children.

Front 13

Exceeding Consent

Back 13

If a defendant exceeds the scope of consent and does something substantially different, he may be liable.

Front 14

Self-Defense

Back 14

When a person reasonably believe that she is being or is about to be attacked, she may use such force as is necessary to protect against injury.

Front 15

Defense of Others

Back 15

One may use force to defend another when the actor reasonably believes that the other person could have used force to defend himself.

Front 16

Defense of Prperty

Back 16

One may use reasonable force prevent the commission of a tort against her real or personal property. A request to desit or leave must made unless it clearly would be futile or dangerous. The deense oes not apply once the tort has been committed; however, one may use force in hot purusit of another who has tortiously dispossed the owner of chattels becasue the tort is viewed as still being committed.

Front 17

Recapture of Chattels

Back 17

The basic rule is the same as that for reentry of land at common law: when another's possession began lawfully, one may use only peaceful means to recover the chattel. Force may be used to recapture a chattel only wehen in hot pursuit of one who has obtained possession wrongfully by theft.

Front 18

Defamation

Back 18

1) Defamatory Language (adversely on reputation
2) Of or concerning the Plaintiff (Reasonable reader would understand the statement)
3) Publication (to a third person (intentionally or negligently)
4) Damage
Public Concern
5) Falsity (malice knowledge of falsity or reckless disregard)
6) Fault

Front 19

Defenses to Defamation

Back 19

1) Consent
2) Truth
3) Absolute Privilege
4) Qaulified Privilege

Front 20

Invasion of Right to PRivacy

Back 20

1) Appropriation of Plaintiff's Picture or Name
2) Intrusion on Plaintiff's Affairs or Seclusion
3) Publication of Facts Placitn Plaintiff in False Light
4) Public Disclosure of Private Facts

Front 21

Appropriation of Plaintiff's Picture or Name

Back 21

1) Unauthorized use
2) Commercial advantage

Front 22

Intrusion on Plaintiff's Affairs or Seclusion

Back 22

1) prying or intruding
2) objectionable to a reasonable person
3) Private

Front 23

Publication of FActs Placing Plaintiff in False Light

Back 23

1) False light he did not take
2) objectionable to a reasonable person
Public interest=malice

Front 24

Public Disclosure of Private Facts about Plaintiff

Back 24

1) Private information
2) objectionable to a reasonable person

Front 25

Misrepresentation

Back 25

1) Misrepresentation of a material fact
2) Scienter (knew or should have knew the statement's falsity)
3) Intent to induce reliance
4) Causation
5) Justifiable Reliance

Front 26

Negligent Misrepresentation

Back 26

1) Misrepresentation in a business or professional capacity
2) Breach of duty
3) Causation
4) Causation
5) Damages

Front 27

Interference with Business RElations

Back 27

1) Existence of a valid contractual relationship or valid business expectancy
2) knowledge of the relationship
3) intentional interference
4) Damages

Front 28

Malicious Prosecution

Back 28

1) Institution of criminal proceedings
2) termination in plaintiff's favor
3) absence of probable cause
4) improper use
5) damages

Front 29

Negligence

Back 29

1) Duty (Reasonable Person)
2) Breach (Did not act as)
3) Causation (Actual-"but for" and Proximate Cause "foreseeable"
4) Damages

Front 30

Standards of Care

Back 30

Basic-A reasonable person under similar characteristics under like circumstances
Professionals-Good standards in the same community
Children-like, education, intelligence and experience
Common Carriers-higher degree of care
Owners of land

Front 31

Duty to Undiscovered Trespassers

Back 31

No Duty

Front 32

Duty to Discovered Trespassers

Back 32

1) artificial conditions known to the landowner
2) involving risk of death or serious harm
3) use reasonable care i nthe exercise of active operation

Front 33

Attractive Nuisance

Back 33

1) a dangerous condition (D should be aware of)
2) knew or should of knew that children frequent the condition
3) likely to cause injury
4) the expense is light compared to the injury

Front 34

Licensee (permission and her own purpose)

Back 34

Artificial-Duty to warn of or make safe known condition if nonobvious and dangerous
Natural-Duty to warn of or make safe known conditions if nonobvious and dangerous

Front 35

Invitee (member of public, business visitor)

Back 35

Artifical and natural-Duty to make reasonable inspections to discover nonobvious dangerous conditions and warn or make them safe

Front 36

Negligent Infliction of emotional distress

Back 36

1) extreme and outrageous conduct
2) Intent
3) Causation and Damages
4) zone of danger
A) closely related
B) present at ascone
C) observe or perseive the injury.

Front 37

Affirmative Duties

Back 37

1) Assumption by acting
2) Peril Due to Defendan's conduct
3) Special Relationship
4) Duty to Control Third Parties (right to control third parties--life guards, police officers)

Front 38

Breach

Back 38

Falls short of the duty required.

Front 39

Res Ipsa Loquitur

Back 39

1) injury associated with negligence
2) attributable to defendant
3) causation
4) Damages

Front 40

Causation

Back 40

Actual-But for
Proximate Cause-Foreseeable

Front 41

Damages

Back 41

Personal Injury
property Damage
Punitive Damages (punishing)
Nonrecoverable Items
Duty to Mitigate
Collateral Sourse

Front 42

Negligence Per se

Back 42

1) Statute
2) Plaintiff
A) Harm
B) Class

Front 43

Negligence Defenses

Back 43

Contributory Negligence
Implied Assumption of Risk
Pure Comparative Negligence
Partial Comparative negligence

Front 44

Contributory Negligence

Back 44

Plaintiff own negligence contributes to her injury. Plaintiff claim compelty barred. Defense negated by Defendant's last clear chance

Front 45

Implied assumption of Risk

Back 45

Plaintiff knew orf a risk and injury and voluntarily assumed it
Plaintff's claim is barred

Front 46

Pure Comparative Negligence

Back 46

Plaintiff own negligence contriubtes to her injury
Plaintiff damagge award reduced by percentage of fault attributable to her

Front 47

Partial Comparative negligence

Back 47

Plaintiff own negligence contribute to her injury
Plaintff damage award reduced if her fault is below the threshold level; otherwise plaintff's claim is barred.

Front 48

Strict Liability

Back 48

1) Absolute Duty
2) breach
3) Causation (actual and proximate)
4) damages

Front 49

Animals-strict liability

Back 49

1) Trespassing animals (foreseeable)
2) Wild Animals
3) domesticated with knowledge

Front 50

abnormally dangerous activities

Back 50

1) serious harm even when reasonable care is exercised
2) not a matter of common usage

Front 51

Products Liability

Back 51

Manufacturing Defects
Design Defects
Inadequate Warnings

Front 52

Manufacturing Defects

Back 52

If a product emerges from manufacturing different and more dangerous than the products made properly, it has a manufacturing defect

Front 53

Design Defects

Back 53

When all products of a line are the same but have dangerous propensites, they may be found to have a design defect.

Front 54

Inadequate Warnings

Back 54

A product may be defective as a result of the manufacturer's failrue to give adequate warnings as to the risks involved in using the product. For liability to attach, the danger must not be apparent to users.

Front 55

Design Defects-Utility

Back 55

product safer without serious impact on the products price or utility

Front 56

Implied Warranties of Merchantability and Fitness

Back 56

1) Merchanability, goods are average acceptable quality nd are generally fit for the ordinary purpose for which the goods are used; and Fitness for a particular purpose-sellers knows or has reason to know that particular purpose for which the goods are required and that the buyer is relying on the sell'es skill and judgment in selcting the goods.

Front 57

Private Nuisance

Back 57

1) Substantial, unreasonable interference with another private individual's use or enjoyment of propety that he actually posses or immediate right ot possesion

Front 58

Public Nuisance

Back 58

1) unreasonable interference
2) health, safety, or property rights of the community

Front 59

Vicarious Liability-Employee/Servant

Back 59

Employer/Master vicariously liable if tortious act within scope of employment relationship

Front 60

Vicarious Liability-Independent Contractor

Back 60

Employer of IC not viciously liable unless activity is inherently dangeorus or duty is nondelegable on public policy grounds

Front 61

Partner or Joint Venturer

Back 61

Other Partners or joint venturers vicariously liable if tortious act within scope and course of partnership or joint venture

Front 62

Driver of Automobile

Back 62

Owner of automobile not vicariously liable unless jurisdiction has family care doctrine or permissive use statue

Front 63

Bailee of Chattel

Back 63

Bailor not vicariously liable

Front 64

Child

Back 64

Parent not vicariously laible

Front 65

Patron of Tavern

Back 65

Tavernkeeper not vicariously liabe in absence of Dramshop ACt