Torts 3

Front 1

DEFAMATION
ESSAY 4 FORMAT: 4 ELEMENTS

Back 1

1.A defamatory statement by the def., 2.of or concerning the pl., 3.with publication to a third party 4.which results in damages in pl.

Front 2

STRICT LIABILITY/ABNORMALLY DANGEROUS ACTIVITY

Back 2

A def. will be strictly liable under an ultra hazardous activity theory if 1. the activity involves a risk of serious harm to persons or property, 2. the activity cannot be performed with complete safety no matter how much care is taken and 3. the activity is not a commonly engaged-in activity in the particular community.

Front 3

NEGLIGENCE SKELETON ELEMENTS

Back 3

1.Duty:Only foreseeable pl's are owed a duty of care. 2. Foreseeable Pl: A duty of care is owed to foreseeable pls. (Standard of Care Option)3.Breach: breach occurs when the def's conduct falls short of that level required by the applicable standard of care. 4Causation: Actual & Proximate Cause 5. Damages

Front 4

NEGLIGENCE PER SE ESSAY
SET-UP

Back 4

A statute specific that replaces the more general common law of duty of due care if 1 the def. violates a statute that provides for criminal penalty and clearly defines a standard of conduct 2. the pl. is within the protected class 3. the statute was designed to prevent the type of harm suffered by pl.

Front 5

ASSUMPTION OF THE RISK
(ESSAY FORMAT)

Back 5

1.Plaintiff may be denied recovery if he or she assumed the risk of any damage2. caused by defendant’s act. 3.Plaintiff must have known of the risk and voluntarily proceeded in face of the risk.

Front 6

VICARIOUS LIABILITY

Back 6

1.When a party is liable for the tortious conduct of another 2.because of the relationship between the tortfeasor and the party 3.to whom the liability is imputed.

Front 7

Respondeat Superior
(Connected to Vicarious Liabilty)

Back 7

Definition: “let the person higher up pay”
2.General rule: employer is liable for the torts of the employee committed within the scope of employment.

Front 8

Foreseeable Plaintiff
(Essay Format for 3rd Party)

Back 8

A duty by A is clearly owed to B, but the plaintiff is C, a third person. In third person foreseeable plaintiff questions, we will analyze thus under the Cardoza/Andrews approach.

Front 9

Cardoza/Andrews Approach
(3rd Party Pl)

Back 9

Cardoza: Under this approach, the third party is a foreseeable plaintiff if they are within the “foreseeable zone of danger.”
Andrews: Under this approach, if a duty is breached to a foreseeable person, any other injured person becomes a foreseeable plaintiff.

Front 10

Negligent Product Liability

Back 10

1.Reasonable duty owed by commercial supplier not to supply a defective product 2.that is breached by the def. and 3.the breach is the actual and proximate cause of pl.’s damages.

Front 11

Imputed Contributory Negligence ( Use it as defense)

Back 11

1.A plaintiff will have imputed contributory negligence 2.only where the plaintiff would have been vicariously liable 3.for the negligence by the third party.

Front 12

STRICT PRODUCT LIABILITY

Back 12

1.An absolute duty owed by commercial supplier not to supply a defective product 2.that is breached by the defendant and the 3.breach is the actual and proximate cause of plaintiff's damages.