Torts

Front 1

If defamation is libel- private person with private concern- can recover general damages w/o proof of actual damages

Back 1

Torts Set 4

Front 2

Private figure w/ public concern must prove negligence in ascertaining whether something was true or false AND actual injury... if establish malice instead of negligence then presumed d
ages are allowed

Back 2

Torts Set 4

Front 3

Intentional infliction of emotional distress should be considered a fallback tort position to be chosen only if there is no other tort available from the facts and answer choices

Back 3

Torts Set 4

Front 4

An intervening force must be unforeseeable for it to be superseding. ex. failure of a retailer to discover the manufacturer's defect is foreseeable... so not superseding

Back 4

Torts Set 4

Front 5

When strict liability applies, each supplier of a defective product is liable to an injured person, but each supplier has a right of indemnification against all PREVIOUS suppliers in the distribution chain. NOT the other way around

Back 5

Torts Set 4

Front 6

Parents aren't vicariously liable for the torts of their child. But liable for their own negligence.. ex. if parent knows their child is violent- negligent if dont prevent that behavior or injury from that behavior.

Back 6

Torts Set 4

Front 7

There is no general tort immunity for children!! As long as the child is old enough to intend the act, can be held liable.

Back 7

Torts Set 4

Front 8

Actions for a victim's battery do not expire because they died... so a widow can recover for torts

Back 8

Torts Set 4

Front 9

Intrusion Upon Seclusion

Back 9

Intrusion into an area where the P has a reasonable expectation of privacy. The intrusion is one that a reasonable person would find objectionable!

Front 10

private person + matter of public concern (defamation)

Back 10

falsity. negligent in ascertaining whether true or false facts. prove both and will be liable

Front 11

Prima Facie case for intentional misrepresentation

Back 11

1. misrepresentation (stating false facts) 2. scienter (false statement knowing not true or not knowing whether it was true) 3. intent to induce reliance 4. causation (actual reliance) 5. justifiable reliance 6. damages

Front 12

You owe a duty in an intentional misrepresentation claim if it can be reasonably foreseen that the P would rely on statements (made to them or an agent)

Back 12

Torts Set 4

Front 13

If D doesnt make the statements in a business or professional capacity, that precludes negligent misrepresentation, but if they knew or didnt know the whether the statement was true or false that's enough for scienter required for intentional misrepresentation

Back 13

Torts Set 4

Front 14

Duties to licensees

Back 14

1) Duty to warn of known dangerous conditions that create an unreasonable risk of harm 2) that the licensee isnt likely to discover. 3) NO duty to inspect for defects. Torts Set 4

Front 15

Duties to invitees

Back 15

Duty to warn of known and unknown conditions that could be discovered with reasonable inspection that could create an unreasonable risk of harm. Torts Set 4

Front 16

Last Clear Chance doctrine

Back 16

Essentially a P's rebuttal against a D's claim saying that he was contributorily negligent. doctrine- permits the P to recover despite his own contributory negligence b/c the D had the last clear chance to avoid the accident.

Front 17

False Light

Back 17

1) publication of facts by D placing P in a false light in the public eye (wiiiide dissemination, not just to 1 person) 2) the false light must be objectionable to the reasonable person. Torts Set 4

Front 18

Intrusion Upon Seclusion

Back 18

1) Intrusion by the D 2) into an area where P has a reasonable expectation of privacy 3) the intrusion is objectionable to the reasonable person

Front 19

A superseding force

Back 19

with Proximate cause- one that serves to break the causal connection between the initial wrongful act and the ultimate injury and itself becomes a direct immediate cause of such injury-- and unforeseeable intervening force that creates an unforeseeable harmful result. Torts Set 4

Front 20

Substituting a statute for duty

Back 20

1. Statute has a clearly defined description of duty/conduct 2. Designed to protect against the harm that was suffered 3. Designed to protect/cover the type of P involved. Torts Set 4

Front 21

The existence of a special relationship between 2 parties can create a duty. Employer/Employee Relationship counts as one of these... employer has a duty to protect employee against unreasonable risk of injury when acting w/in the scope of employment

Back 21

Torts Set 4

Front 22

Intentional Infliction of Emotional Distress

Back 22

1) outrageous conduct 2) intent (to cause severe emotional distress) or acting with reckless disregard that the conduct would cause severe emotional distress 3) causation 4) damages (severe emotional distress) Torts Set 4

Front 23

Knowing someone's strong religious beliefs... and saying something about them involving this that amounts to outrageous conduct... could lead to severe emotional distress

Back 23

Torts Set 4

Front 24

False Light Elements

Back 24

1) publication of false facts in the public eye 2) would be objectionable to the reasonable person [3) ONLY if the publishing is of public interest- must show malice] Torts Set 4

Front 25

Things that count as false light for part of the elements definition

Back 25

A fact will be deemed to present P in false light if it attributes to him 1) views that he does not hold or 2) actions he did not take

Front 26

Appropriation

Back 26

Unauthorized use of someone's name or picture for COMMERCIAL ADVANTAGE... liability is generally limited to use in connection with a promotion or advertisement of a product/service..mere use in a tv show or magazine story even though motivated by profit isnt enough for liability. Torts Set 4