Torts

Front 1

When parents subject to vicarious liability for kids

Back 1

SAD

Hint 1

Supervision (knew & failed to supervise), Agency (family purpose doctrine), Dangerous instrumentality (gave them something dangerous they weren't mature enough to appreciate & control)

Front 2

Proof not Required-spec $ damage

Back 2

BAFTD

Hint 2

Battery, Assault, False imprisonment, Trespass to Land, per se Defamation

Front 3

Transferred intent Doctrine

Back 3

BAFTT

Hint 3

Battery Assault False Imprisonment Trespass (land) Trespass (Chattels)

Front 4

Outrage (IIED) (can also be negligent if intentional fails)

Back 4

IOE

Hint 4

Intentional conduct (intent/recklesseness to cause distress), Outrageous (beyond realm of tolerable conduct, outrageous, shock conscience and exceed bounds of decency), Extreme emotional distress (usually w objective phys symptoms)

Front 5

Fraud

Back 5

FIRD

Hint 5

False statement of fact, intention, reliance (subjective/objective), damages

Front 6

Product Liability Defenses

Back 6

CUSS

Hint 6

Contributory Fault, Useful Sale Life, Statutory/Regulatory government compliance, Statute of limitations)

Front 7

Defamation

Back 7

FPID

Hint 7

False statement, Publicized to 3P, wrongful Intent/negl, Damages

Front 8

Defamation Per Se Exceptions

Back 8

LUNI

Hint 8

Loathsome disease, Unchastity, Notorious crime, Injury in business

Front 9

Defenses - Defamation

Back 9

TEMP

Hint 9

Truth, Express/implied consent, Mere subjective opinion, Privilege

Front 10

Required Elements of CPA Action

Back 10

TUPI

Hint 10

Trade/commerce D, Unfair/deceptie act, Public impact, Injury to business/prop

Front 11

Interference w Contract/Business Expectancy

Back 11

KID

Hint 11

KNOWLEDGE of contract/expectancy, INTENT to interfere, DAMAGES

Front 12

Assault Def

Back 12

intentional, unprivileged act making P have reas mental apprehension of imminent harmful contact

Front 13

Battery Def

Back 13

Intentionally harmful/offensive bodily contact w P's person or something around.

Front 14

False Imprisonmnet

Back 14

intentional, unprivileged confinement/restraint of P's liberty against their will. D & P must have knowledge of confinement

Front 15

Shopkeeper Privilege

Back 15

No reas mistake for citizens. Shopkeepers may temporarily detain shopholder if based on reas grounds for reas time & method of restraint is reas

Front 16

Trespass

Back 16

D intentionally physically invades/wrongfully remains on P's possessory interest on real property w/o permission/privilege

Front 17

Trespass to Chattels

Back 17

minor use/intermeddling w personal prop w/o permission. Actual damages needed.

Front 18

Conversion

Back 18

Wrongful exercise of dominion & control over another's property

Front 19

Defenses to Intentional Torts

Back 19

Consent - DEFENSE of SOP - Recapture of chattels - necessity - under color of law - justification (catch all)

Front 20

Licensee - Invitee

Back 20

Express implied perimission for non-business purposes (cops, social guests); invitee (perform services for owner's benefit, customers)

Front 21

Attractive Nuisance

Back 21

AN (not natural) drew child and cheap fix would've prevented injury

Front 22

Duty to Licensee

Back 22

Required to WARN (actual/signs) of known hazards unless obvious

Front 23

Duty to Trespasser

Back 23

None, unless aware of continuing trespass

Front 24

Duty to Invitee

Back 24

Use reas care to inspect for hazards & correct/warn invitees

Front 25

Defenses to Negligent Tortss

Back 25

Comparative fault - assumption of risk

Front 26

Product Liability Elements

Back 26

STRICT LIABILITY. Item causing harm was new, sold by manufacturer/commercial seller dealing regularly

Front 27

When can sue non-manufacturers

Back 27

Were negl, breached express warranty, intentionally misreprsented/concealed

Front 28

Types of Seller Liability

Back 28

Strict (defective, not in compliance with design/law); WARRANTIES (express, implied merchantability, fitness for purpose)

Front 29

Design & Warning Defects

Back 29

Product isn't defectively manufactured but intended design defective to reas alt design (risk-utility balance)

Front 30

Degree of Fault (Defamation)

Back 30

Priv-Priv: Ord negl. Public-Priv: recklessness. Pub-Pub: knowing falsehold, intent, extreme reckless

Front 31

Privacy Torts (no intent)

Back 31

publication in a false light, public disclosure of private matter (disseminated, objectionable to reas person), intrusion upon seclusion (highly offensive), commercial appropriation of likeness

Front 32

Abuse of Legal Process

Back 32

Malicious criminal prosecution, wrongful civil proceeding, slander of title, abuse of process