Torts

Front 1

ASSAULT

Back 1

Immediate apprehension of harmful or offensive touching. Plaintiff must be aware of the action. Plaintiff does not need to be fearful. Words alone lack immediacy - must be conduct but words can negate the immediacy

Front 2

BATTERY

Back 2

Harmful or offensive (unpermitted) contact with the plaintiff's person or something intimately connected with the plaintiff, caused by the defendant

Front 3

IIED

Back 3

Extreme and outrageous conduct by the defendant, which causes severe emotional distress. Reckless conduct is sufficient.

Front 4

OUTRAGEOUS CONDUCT

Back 4

Exceeds all bounds of decency tolerated by a civilized society. Also, repetitive conduct, if defendant is a common carrier/innkeeper or plaintiff is a member of a fragile class. If defendant had prior knowledge of the plaintiff's sensitivity and provokes it, conduct is outrageous

Front 5

IIED - BYSTANDER

Back 5

Must be present, related to the victim and defendant must know the plaintiff is present

Front 6

FALSE IMPRISONMENT

Back 6

Defendant confines plaintiff to a bounded area and plaintiff knew she is confined with no reasonable means of escape. Threats or an omission is sufficient for an act of restraint. Must be a pre-existing duty for omission (i.e. handicapped person being left on an airplane)

Front 7

TRESPASS TO LAND

Back 7

Physical invasion on plaintiff's property that interferes with plaintiff's possession of land. Action belongs to the person in possession of land, not necessarily the owner. Right of possession include soil below and air above to a reasonable distance. Defendant can cause something to enter land to be liable. Also, defendant doesn't have to know he crossed the property boundary

Front 8

TRESPASS TO CHATTELS

Back 8

Defendant interferes with plaintiff's right of possession of chattels. intentionally damaging or taking away the chattel.

Front 9

CONVERSION

Back 9

Substantial interference by the defendant of the plaintiff's right to possession of personal property sufficiently serious to require the defendant to pay full value for the item.

Measure of damages = FMV at time of conversion

Front 10

DEFENSES TO INTENTIONAL TORTS - CONSENT

Back 10

Implied from conduct based on defendant's reasonable interpretation of plaintiff's objective conduct and surrounding circumstances. Express from plaintiff with capacity to give consent. Can't exceed scope of consent. Children can consent to age appropriate invasions of their interest

Front 11

DEFENSES TO INTENTIONAL TORTS -

SELF DEFENSE/DEFENSE OF OTHERS/DEFENSE OF PROPERTY

Back 11

Reasonable belief of danger and force does not exceed that necessary to protect. Deadly force can only be used to protect against deadly force. Defendant must show threat in progress or imminent and can't act after threat ends. Must have reasonable belief threat is real. Can NEVER use deadly force to protect solely property

Front 12

DEFENSES TO INTENTIONAL TORTS - PUBLIC NECESSITY

Back 12

Defense only to property torts!

Emergency and defendant acts to protect the community or significant group of people Absolute defense - no liability

Front 13

DEFENSES TO INTENTIONAL TORTS - PRIVATE NECESSITY

Back 13

Emergency to protect your own interest. Limited defense. Defendant is liable for compensatory damages (no nominal or punitives). Plaintiff can't throw defendant out as long as the emergency persists. Must allow him to remain with safety

Front 14

MISREPRESENTATION

Back 14

Requires:

1. Misrepresentation of material facts

2. Scienter (intent to deceive)

3. Intent to induce reliance on the misrepresentation

4. Justifiable reliance

5. Actual and proximate cause

6. Damages

No defenses to intentional misrepresentation

Front 15

NO DUTY TO DISCLOSE MATERIAL FACT UNLESS...

Back 15

1. Defendant stands in fiduciary relationship to plaintiff

2. Defendant is selling real property and knows plaintiff is unaware of and can't reasonably discover material information

3. Has spoken and utterance deceives plaintiff

Defendant liable for 3rd party representation if he could reasonable foresee 3rd party would rely

Front 16

PHYSICAL CONCEALMENT

Back 16

May be misrepresentation. Reliance only justified if defendant offering statement as superior knowledge of the subject.

Front 17

NEGLIGENT MISREPRESENTATION

Back 17

1. Misrepresentation by defendant in business or professional capacity

2. Breach of duty toward the particular plaintiff

3. Causation

4. Justifiable reliance

5. Damages

Normally confined to commercial setting. Liability attaches only if reliance by plaintiff could be contemplated

Front 18

PRIVATE NUISANCE

Back 18

Substantial unreasonable interference with plaintiff's use or enjoyment of his property. Must be inconvenient, annoying, or offensive to the average person

Front 19

PUBLIC NUISANCE

Back 19

Requires an act that unreasonably interferes with the health, safety or property rights of the community. Compliance with zoning is persuasive evidence the conduct is not a nuisance. Private plaintiff can bring action only if he has special damages.

Must balance hardships between parties

Front 20

VICARIOUS LIABILITY

Back 20

Employer is liable for the torts of his employee during the scope of their employment. Liable for torts occurring on "frolic" (minor detour) but not liable for torts on major detour

Front 21

EMPLOYER IS NOT LIABLE FOR THE TORTS OF AN EMPLOYEE UNLESS

Back 21

1. Force is authorized by employer

2. Friction is generated by the employment or

3. Committed to further employer's business

Front 22

INDEPENDENT CONTRACTOR TORT LIABILITY

Back 22

Employer not liable unless:

1. Contractor is engaged in inherently dangerous activity or

2. Duty is not delegable

Front 23

NEGLIGENT HIRING

Back 23

Any employer can be held liable for negligent hiring of an employee who:

1. Knew about/should have known of the employee's background

2. Which indicates dangerous/untrustworthy character