Torts

Front 1

Intent

Back 1

The doing of an act with substantial certainty that harm will result.
o Garrett v. Dailey
o Spivey v. Battaglia

Front 2

Battery:

Back 2

Unpermitted, unprivileged and offensive touching of the person of another by an act that is intended to and results in such contact:
o Cole v. Turner

Front 3

Assault:

Back 3

Intentional creation of a reasonable apprehension of an imminent battery.
o I d e S et. Ux. V. W de S.
o Western Union Telegraph Co. v. Hill

Front 4

False Imprisonment:

Back 4

Confinement of another within boundaries set by a person doing an act intended to result in the confinement. The confinement is against the person’s will and without reasonable avenue of escape or egress.
o Hardy v. Labelles Distributing Co.
o Whittaker v. Sanford

Front 5

Consent:

Back 5

Compliance in or approval of what is done or proposed by another.
o Mohr v. Milliams
o DeMay v. Roberts

Front 6

Informed Consent:

Back 6

Consent to medical treatment by a patient or participation in a medial experiment by a subject after understanding of what is involved.
o Scott v. Bradford:

Front 7

Negligence:

Back 7

A person by some act or omission falls to exercise due care under the circumstances to one to whom a duty is owed and this act or omission is the proximate injury resulting in damages. The due care is that of a reasonable person under the circumstances. (Add in formula)
o Weaver v. Ward
o Brown v. Kendall
o Cohen v. Petty
o United States V. Carroll Towing Co.
o Boyce v. Brown

Front 8

Negligence Theory:

Back 8

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o MacPherson v. Buick Motor Co.

Front 9

Warranty Theory:

Back 9

o Baxter v. Ford Motor Co.
o Hennigsen V. Bloomfield Motors Inc.

Front 10

Standard of Care:

Back 10

o Cordas v. Peerless Transportation Co.
o Robinson v. Lindsay

Front 11

Ultrahazardous Activity:

Back 11

One engages in an ultra hazardous-activity such as blasting which caries with it a risk of serious harm, which can be eliminated, and is not a common form of activity.
o
o
o

Front 12

Exception to Strict Liability:

Back 12

Unavoidably unsafe products, where the product cannot be made completely safe but has a high social utility that justifies its use. (blood products, certain drugs.)
o
o
o

Front 13

Causation in Fact:

Back 13

A cause without which the result would not have occurred.
o Perkins v. Texas & New Orleans Ry Co.

Front 14

Proximate Cause:

Back 14

A cause that sets in motion a sequence of events uninterrupted by any superseding causes that result in usu. Foreseeable effect which would not otherwise have occurred
o In Re Arbitration Between Polemis & Furness, Withy & Co
o Wagon Mound #1
o Wagon Mound #@
o Palsgraf v. Long Island R.R

Front 15

Intervening Cause:

Back 15

An independent cause that follows another cause in time producing the result but does not interrupt the chain of causation if foreseeable
o Watson v. Kentucky & Indiana Bridge

Front 16

Misrepresentation (Fraud):

Back 16

an intentionally or sometimes negligently false representation made verbally, by conduct or sometimes by nondisclosure or concealment and often for the purpose of deceiving, defrauding.
o Swinton v. Whitnisville Savings Bank
o Williams v. Rank & Son Buick Inc.

Front 17

Defamation:

Back 17

A false statement which injures the plaintiffs reputation in the eyes of a substantial segment of the community and is published to a third party. Oral defamation is called slander and written defamation is called libel.
o Text 829-830

Front 18

Libel:

Back 18

Defamatory statement or representation in the form or written or printed words. False published statement that injures an individuals reputation or exposes him or her to public contempt
850-852
o _________________________________
• Neiman-Marcus v. Lait (Group Libel)

Front 19

Invasion of privacy:

Back 19

Unauthorized appropriation for commercial use of the plaintiffs name or likeness of life.
o _________________________________

o ________________________________

Front 20

Interference with contract:

Back 20

An unprivileged interference with an existing contract
o _________________________________