Torts

Front 1

Assault

Back 1

an act by D that creates a reasonable apprehension in P that a harmful or offensive contact would occur

- apprehension should equate to knowledge, awareness etc.

Front 2

last clear chance

Back 2

applies in contributory neg. jx, not in comparative neg. jx.

Front 3

collateral source rule

Back 3

covers situation where the P recovered damages from her OWN company, not the DEFENDANT's company

in the latter case, the pay-out should be deducted from damage payment.

Front 4

defamation

Back 4

defamatory statement that affects P's reputation in the community; and
publication

public figure - malice std (recklessness disregard)
private figure - negligence std

Front 5

extreme and outrageous nature of conduct

Back 5

may arise from the abuse by a D of a relation or position which gives the D actual or apparent authority over the victim.

School teacher having sexual relationship with kid --> emotional distress

Front 6

trespass to land

Back 6

physical invasion of someone's property
+ intent + causation

where someone enters land of another through negligence, recklessness, in order to establish liability for trespass, damage must be caused.

Front 7

attractive nuisance or trespassing children

Back 7

the key is whether the child SUBJECTIVELY appreciate the danger involved.

Front 8

strict liability

Back 8

1) abnormally dangerous activity
2) wild animals
3) product liability

Front 9

product strict liability

Back 9

applies to foreseeable users, or ordinary users

Front 10

Battery

Back 10

a harmful or offensive contact of the P's person

Front 11

Assault

Back 11

an act of D that creates reasonable apprehension in P of immediate harmful or offensive contact of the P's person

Front 12

Defenses to Intentional Torst

Back 12

1) consent - express, implied - capacity required for consent, D cannot exceed the scope of consent given;

2) self-defense, defense of others, and defense of property.

Front 13

self-defense

Back 13

when a person reasonably believes that she is being or is about to be attacked, she may use such force as is reasonably necessary to protect against injury.

- generally not available to the first aggressor.
- reasonable mistake as to the existence of danger is allowed.

Front 14

An intervening force will be a superseding cause if:

Back 14

1) it brings about a different kind of harm than that which the defendant's negligence would otherwise have caused;
2) its operation or consequences are extraordinary and unforeseeable; and
3) the intervening force is independent of the defendant's negligence.

Front 15

To determine the constitutionality of lawful commercial speech (3-part test)

Back 15

courts apply a three-part test under Central Hudson Gas v. Public Service Commission (1980). The regulation must: 1) serve a substantial interest; 2) directly advance the interest; and 3) be narrowly tailored to serve that substantial interest. To satisfy this third element, only a reasonable "fit" between the means and the end is required, rather than use of the least restrictive means.

Front 16

attractive nuisance
and duty to child trespasser

Back 16

1) dangerous condition owner knows or should know;
2) owner knows or should know children come to his land;
3) child does not appreciate the danger;
4) cost of remedying the danger is relatively slight in comparison to risk.