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13 Cards in this Set

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Explain the doctrine of Res Ipsa Loquitor
When the P's injusy is of the kind that would not normally occure in the absencw of negligence and such negligence is attributal to the D (the instrumentality that casued the injury was in the exclusive contol of the D) then the trier of fact mat infer the D's negligence
What are the elements of a prima facie case for products liability based on strict liability?
1.strict duty owed by a commercial supplier
2. breach of that duty
3. actual and proximate cause
4. damages
What are the elements of a prima facie case for battery?
1. an act by the D that brings out a harmful of offensive contact to the P
2. intent on the part of the D to act
3. causation
What are the elements of a prima facie case for negligence?
1. a duty on the part of the D to conform to a specific standard of conduct to protect the P from unreasonable risk of injury
2. breach of that duty
3.actual and proximate casuation
4. damages
What is an invitee?
An invitee is someone who enters onto the land in response to an express or implied invitationof the landowner
What are the elements of a prima facie case for assault?
1. an act by the D creating a reasonable apprehension in the P of immediate harmful of offensive contact
2. intent on the part of the D to bring about that apprehension
3. causation
What are the elements for a prima facie case of IIED?
1. an act by the D amounting to extreme and outrageoius conduct
2. intent to cause severe emotional distress or recklessness as to the effect od D's conduct
3. causation
4. damages
Define "outrageous conduct"
Outrageous conduct is extreme conduct that transcends all bounds of decency
Explain "assumption of risk"
Assumption of risk is a defense that requires the P know of the risk and voluntary assumed it
What are the elements of a prima facie case for intentional misrepresentation?
1. misrepresentation
2. scienter
3. intent to induce the P's reliance
4. causation (actual reliance)
5. damages
Explain the doctrine of Last Clear Chance
Thedoctrine of last clear chance permits the P to recover despite his on contributory negligence. Under this rule the person with the last clear chance to avoid the accident and fails to do so is liable for negligence
What are the elements for a prima facie case for invasionof privacy?
1. publicatin of about the P by the D placing P in a false light in the public eye
2. the false light must be something that would be objectionable to a reasonable person under the circumstances
What are ther elements of a prima facie case for invasion of right to privacy?
1. an act of pryingor intrusing on the affairs or seclusion of the P bt D
2. the intrusion must be something that would be objectionable to a reasonable person
3. the thing to which there is an intrusion or prying must be private