Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/57

Click to flip

57 Cards in this Set

  • Front
  • Back
Assault
Reasonable apprehension of imminent battery done w/ the intent to cause such apprehension or w/ the intent to commit a battery.
Battery
Harmful or offensive contact w/ P or item closely connected to P done w/ the intent to cause such contact or w/ the intent to put P in apprehension of such contact.
False Imprisonment
Intentionally confining P to a bounded area w/ no reasonable means of escape. P must be aware of his confinement unless he is injured, a child, or an incompetent person.
Intentional Infliction of Emotional Distress (IIED)
Extreme and outrageous conduct that causes severe emotional distress done w/ the intent to cause such distress or w/ recklessness as to its effects.
Bystander IIED
P suffers severe emotional distress after seeing D physically injure V.

P must be present at the scene of the accident and if not related to V, he must also suffer accompanying physical harm.
Trespass
Intentional intrusion onto P's land w/out his consent.
Trespass to Chattel
Intentional interference w/ P's possessory interest in his chattel.
Conversion
Exercise of dominion and control over P's chattel, which causes substantial interference w/ P's possessory rights, such that D to pay the chattel's full value.
Self-Defense
One may use reasonable force if he reasonably believes that it is necessary to prevent or stop an immediate attack.

Deadly force can be used in a retreat first jurisdiction if the person is in his home, a V of robbery, or making a lawful arrest.

Defense is not available to 1st aggressor, unless he w/draws or there is a sudden escalation.
Defense of Others
Majority View- one may use reasonable force to protect V if he reasonably believes that V could've used such force in self-defense.

Minority View- one may use reasonable force to protect V if V could've actually used such force in self-defense.
Defense of Property
One may use reasonable force (not deadly force) to protect his property.

Defense is not available against a person who is privileged to be on the land.
Necessity
Public necessity allows a person to enter onto another's land if reasonably necessary to avert a public disaster. Not liable for damages.

Private necessity allows a person to enter onto another's land if reasonably necessary to avert serious harm to his person or property. Liable for damages.
RPP, Child, Professional, & Statutory Standards of Care
RPP Standard

Child- act like a similar age, intelligence, experience, and education.

Professional- possess skill and knowledge of an ordinary member in good standing.

Statutory- criminal statute clearly defines standard of care, P is a member of the class intended to be protected, and P suffered an injury sought to be prevented by the statute.
Landowner's Standard of Care to Trespassers
No duty of care to unknown trespassers.

Duty to warn known trespassers of known, concealed, highly dangerous, and artificial conditions.
Duty to Control 3rd Persons
No duty to control unless there is a special relationship, ability to control, and authority to control.
Negligent Infliction of Emotional Distress (NIED)
D is liable for negligently causing physical harm and accompanying emotional distress.

P can recover for emotional distress alone if there has been misinformed of a family member's death or mishandling of corpses.
Driver's Duty of Care
Driver owes a duty of ordinary care to passengers.

Guest statutes require the driver to refrain from gross, wanton, or willful conduct.
Bystander NIED
D is liable for causing a bystander physical injury and accompanying emotional distress if P was in the zone of danger.
Child Trespassers
Attractive Nuisance Doctrine
D is liable in negligence if he:
1. Knew or should've known that children trespass
2. Knew or should've known that condition is dangerous
3. Knew or should've known that children cannot appreciate the risk of danger b/c of their age
4. Expense to warn or fix the condition is slight in comparison to the injury.
Negligence Elements
Breach of a duty of care, owed to P, thereby causing P's damages. (Duty, breach, causation, damages)
Landowner's Duty to Licensees
Duty to conduct activities in a RPP manner.

Duty to warn of known, concealed, and dangerous conditions.
Landowner's Duty to Passerbyers
Duty to conduct activities in a RPP manner.

Duty to protect P from harm caused by decaying trees in urban areas.

Duty to protect P from unreasonably dangerous artificial conditions abutting the land.
Landowner's Duty to Invitees
Duty to conduct activities in an RPP manner.

Duty to warn or fix of concealed and dangerous conditions that were known or should've been known if reasonable inspections were made.
Proximate Causation (Indirect & Intervening Force)
Independent Force are independent of Ds acts (gross negligence, torts, or crimes of others, and acts of God).

D is liable if foreseeable force causes foreseeable results.

D is liable in some jurisdictions if foreseeable force causes unforeseeable results.

D is liable if unforeseeable force causes foreseeable result.

D is not liable if unforeseeable force causes unforeseeable result.
Intentional Misrepresentation
Misrepresentation of a material fact, made w/ scienter, intended to induce P's reliance, which does in fact induce P's reasonable reliance, thereby causing P damages.
Res Ipsa Loquitor (RIL)
Type of accident does not normally occur unless someone is negligent, the accident is attributable to D, and P is not contributorily negligence.

Majority- creates an inference of negligence
Minority- creates a rebuttable presumption of negligence
Contributory Negligence
At common law, P's contributory negligence was an absolute bar to P's recovery, unless D had the last clear chance to avoid the injury.
Causation (Cause in Fact)
But For Test- appropriate when there is 1 D or when multiple Ds acts are insufficient to cause the injury by itself.

Substantial Factor Test- appropriate when multiple Ds act and each act is sufficient to cause the injury by itself.

Summers v Tice Test- burden will shift to Ds to prove they were not the cause of P's injuries if multiple Ds act and only one causes P's injuries, but P does not know which D caused his injuries.
Negligent Misrepresentation
Misrepresentation made in a business or professional capacity, which constitutes a breach of duty owed to P, and thereby causes P damages.
Vicarious Liability (Employer-Employee)
Employer is liable for ordinary torts of employee committed w/in scope of employment.

Employer is liable for intentional torts of employees if employee was furthering employer's business, friction is generated by type of work, or use of force is authorized.
Con Law Defamation
Public figure or official must also prove falsity and malice.

Private P involved in a matter of public concern must also prove falsity and at least negligence.
Vicarious Liability (Principal-Independent Contractors)
Principal is not liable for acts of independent contractors unless duty is non-delegable or activity is ultra-hazardous.

Principal is directly liable for negligent hire or supervision.
Proximate Causation (Direct Cause)
Wagamound View- D is liable only for foreseeable harm directly caused by his negligence.

Polemis View- D is liable for all harm directly caused by his negligence.
Liability for Defamation
Primary publisher is liable. His liability is increased for repetitions if he intended for or it was foreseeable that defamation would be repeated.

Secondary publisher is liable if he knew or should've known of defamation.
Proximate Causation (Indirect & Dependent Intervening Force)
Dependent intervening forces are normal responses/ reactions to situations created by D.

Same analysis as Direct Proximate Cause.
Vicarious Liability (Joint Venturers)
Liable for torts of joint venturers committed w/in scope of venture.
Absolute Privileges to Defamation
1. Consent
2. Truth
3. Equal time broad cast
4. Statements made in legislative, judicial, or executive proceedings
5. Husband & Wife privileges
Vicarious Liability (Car Owner-Driver)
Car owner is not vicariously liable for driver's torts, unless driver was using the car for a family purpose.

Permissive Use Statutes- driver is vicariously liable for driver's torts by consenting to driver driving the car.

Car owner is directly liable for negligent entrustment.
CL Defamation
Publication of a false statement of fact, of or concerning P, which is understood to be defamatory, and causes damages to P.
Qualified Privileges to Defamation
1. Public interest
2. Speaker or recipient's interest
3. Report of public proceedings
Libel
Defamation in fixed format.

If libel is apparent on its face, damages are presumed.

If extrinsic facts are needed to prove libel, special damages must be proven, unless it falls w/in a per se category.
Privacy Torts
Appropriation- use of Ps name or image for commercial purposes w/out his consent.

False Light- public misrepresentation of P, which is highly objectionable to a RPP.

Intrusion into Private Seclusion- intrusion into a place where P has a reasonable expectation of privacy, which is highly objectionable to a RPP.

Disclosure of Private Facts- public disclosure of private facts, which is highly objectionable to a RPP.
Vicarious Liability (Parent-Child)
Parent is not vicariously liable unless child is acting as an agent of the parent or if parent has a duty to control his child.

Parent is directly liable for entrusting child w/ a dangerous instrumentality.
Comparative Fault
Pure- P can recover for negligence even if he was contributorily negligent.

51%- P can recover as long as he was not more at fault than D.

50%- P can recover as long as he was not equally at fault.
Slander
Oral defamation.

Special damages must be proven, unless it falls w/in a per se category (loathsome disease, chastity, business/profession, and crimes of moral turpitude).
Vicarious Liability (Tavern Keepers)
Common law- no vicarious liability for torts of intoxicated patrons.

Dram Shop Acts- vicariously liable for torts of intoxicated patrons.
Strict Liability (Animals)
Trespassing animals- SL for foreseeable damages

Wild animals- SL for damages that are the result of the animal's dangerous propensity.

Domestic animals-SL only if you knew it was dangerous. "1 bite" rule.
Implied Warranty of Merchantability
D is liable in K for breaching an implied warranty of merchantability if the goods he sells are not fit for their ordinary purpose. D must be a merchant selling goods of the kind. Privity requirements vary in each jurisdiction.
Misrepresentation
SL- D, a seller engaged in the business of such products, is SL for misrepresentations that were relied on by P.

Intentional- D is liable for misrepresentations made knowingly or recklessly, which was relied on by P.

Negligence- D is liable if a reasonable person should've known that representations were false.
Express Warranty
A seller or supplier of goods is liable in K for affirmations of fact or promises made to the buyer, which become the basis of the bargain. Privity requirements vary in each jurisdiction.
Strict Liability (Products Liability)
A commercial supplier is SL for a defective product if the product was so defective as to be unreasonably dangerous. The defect must have existed when it left D hands. P must be a foreseeable user who used the product in a foreseeable manner.
Implied Warranty of Fitness for a Particular Purpose
D is liable in K if the goods he sells are not fit for their intended purpose if D knew or had reason to know of the particular purpose for which the goods are required and P relied on D's skill or judgment. D can be any seller of goods. Privity requirements vary in each jurisdiction.
Negligence (Products Liability)
D breached his duty of care to P by manufacturing or selling a defective product, which he knew or should've known was defective, and thereby caused P's damages.
Strict Liability (Ultra-Hazardous Activities)
Activity is ultra-hazardous if it poses a severe risk of harm that cannot be made safe and is uncommon in the area conducted.
Nuisance
Nuisance can be intentional, negligent, or SL.

Private- substantial and unreasonable interference w/ the use and enjoyment of P's land.

Public- substantial and unreasonable interference w/ a public right.
Abuse of Process
Misuse of legal process for an ulterior purpose, which caused P's damages.
Malicious Prosecution
Initiation of criminal proceedings, w/ malicious intent, w/out probable cause, terminated in P's favor, which caused P's damages.