Torts

Front 1

Battery

Back 1

Intentional harmful or offensive contact to P’s person.
or
Intends to cause an imminent apprehension by P of a harmful or offensive contact and offensive conduct occurs.

Front 2

Assualt

Back 2

Intentional reasonable apprehension of an immediate battery.

Front 3

False Imprisonment

Back 3

An intentional act or omission on the part of D that confines or restrains P to a bounded area.
AND
Plaintiff must have knowledge of confinement and no reasonable means of escape

Front 4

Shopkeepers Privilege

Back 4

Exception to False Imprisonment
(1)Confinement of shoplifter – owner is not liable if there is reasonable:
(i) suspicion,
(ii) means of detention, and (iii) amount of time

Front 5

Intentional Infliction of Emotional Distress

Back 5

D engages intentionally in extreme & outrageous conduct, & P suffers severe distress as a consequence

Front 6

IIED to a 3rd Party

Back 6

P is a close relative of D’s target:
bodily harm to P is not required, just severe distress
AND
P must be present
AND
D must know or should know that P is present.
OR
IF P is not a close relative of target THEN:
bodily inury is required

Front 7

Trespass

Back 7

Intentional physical invasion of P’s real property
(Do not have to know that the property of another)
Liable for nominal damages even if no physical damages to property.

Front 8

Defense

Back 8

Consent - Defense to Assault, Battery and False Imprisonment

Types of Consent:
Express, Implied and Apparent.

Privilege - trespass to land

**Mistake (hard to prove and generally no defense to intentional torts) It may be a valid defense in a self defense situation.

Front 9

Trespass to Chattel

Back 9

Harm to P’s interests is great that it requires D to pay the chattel’s full value

Front 10

Self Defense

Back 10

Allowed to use reasonable force to defend yourself or others with the use of reasonable force to defend yourself against unprivileged, harmful or offensive contact or bodily harm.
You are limited to the use of force which reasonably appears to be necessary for protection against the threatened injury.

Front 11

Duty to Trespasser

Back 11

Undiscovered - no duty
Anticipated - Duty to warn of known dangerous conditions on property. (man made conditions only)

Front 12

Duty to Invitees

Back 12

Enter for a commercial purpose or open to the public. (i.e., Home depot)

RULE: Owe Invitee the standard of care of a reasonable prudent person and must protect from all reasonably known traps.

Duty to (i) warn of or
(ii) make safe all reasonably knowable traps (both artificial and man made)

Front 13

Duty to Licensee

Back 13

(i.e., social guests) With the permission of the possessor but which do so primarily with their own purposes but not to confer any commercial benefit.

Duty to (i) warn of or
(ii) make safe all known traps

Front 14

Negligent Infliction of Emotional Distress

Back 14

The plaintiff must have been in a zone of physical danger produced by the negligence of that defendant.
AND
Subsequent Physical Manifestation of the distress
(a) emotional distress then physical symptom (e.g. heart attack, miscarriage)

Front 15

Exceptions to Negligent Infliction of Emotional Distress

Back 15

Exceptions – you do not need physical injury if:
Negligent transmission of a message
Example" For misinforming plaintiff that a family member has died.
Negligent mishandling of corpses or dead bodies.

Front 16

Conversion

Back 16

means intentional interference so great that I ought to pay the whole value of the thing

Front 17

Trespass to Chattels

Back 17

intentional interference with someone's use or possession of their things

Front 18

Defense of Property

Back 18

Reasonable force may be used to defend property - Must be proportional.

Deadly devices or force not allowed (Exception: NY castle doctrine)

Front 19

Fraud

Back 19

Misrepresentation
Intent to induce the reliance of the plaintiff and Plaintiff relys on this information
Damages

Front 20

Private Nuisance

Back 20

Interference or Disturbance that (i) substantially AND (ii) unreasonably interferes with another private individual’s use or enjoyment of property

Front 21

Negligent Misrepresentation

Back 21

Need a misrepresentation and
reasonable reliance
(mostly comes up in business setting)

Front 22

Public Nuisance

Back 22

An act that unreasonably interferes with health, safety, or property rights of the community

Front 23

Defamation

Back 23

1.Defamatory Language
2. of or concerning the plaintiff
3. Publication thereof by defendant to a third person

Front 24

Libel

Back 24

Libel is the written or printed publication of defamatory language. Plaintiff does not need to prove special damages and general damages are presumed

Front 25

Slander

Back 25

Slander is spoken defamation. Plaintiff must prove special damages, (Plaintiff must show that they suffered pecuniary loss in order to recover) UNLESS defamation falls within slander per se

Front 26

Defense of Defamation

Back 26

Truth
Consent
Absolute privilege

Front 27

Slander per se

Back 27

a) Adversely reflect on one’s conduct in a business or profession
b) One has a loathsome disease
(1) Veneral
(2) Lepracy
c) One is or was guilty of a crime involving moral turpitude
d) A woman is unchaste
e) NY** Homosexuality

Front 28

Privacy Tort

Back 28

Unauthorized use of Plaintiff's name or picture for D's commercial advantage. (NY recognizes)

Front 29

Exception to Privacy Tort

Back 29

Newsworthiness exception – not actionable when a newspaper to run a picture in a newspaper.

Front 30

Intrusion (MBE ONLY)

Back 30

Invasion of P’s secluded space(solitude) in a way that would be objectionable to the average person (TIP: look for a place where a person has expectancy of privacy)

Front 31

False Light (MBE Only)

Back 31

Widespread dissemination of a major misrepresentation about P that is objectionable to the average person.
(spreading lies). You can recover for psychological damages

Front 32

Disclosure (MBE Only)

Back 32

Widespread dissemination of confidential information about P that is objectionable to the average reasonable person

Front 33

Exception to Disclosure

Back 33

Newsworthiness - if there is a public reason/interest/justification of knowing the secret; interpreted very broadly

Front 34

Defamation of Public Figure

Back 34

Show Malice and Falsity (TIP: look for someone well know)

Front 35

Strict Liability

Back 35

Ultrahazardous Activity
Wild Animals
Products Liability

Front 36

Ultrahazardous Activity

Back 36

a. Activity can’t be made safe
b. Activity poses the risk of severe harm – if something goes wrong, it’ll be a catastrophe; and
c. Activity is uncommon in the community where it is being conducted
(i) Blasting and explosives
(ii) Dangerous chemicals
(iii) Nuclear radiation or energy

Front 37

Manufacturing Defect

Back 37

P’s product differs from all the other products that came off the same assembly line in a way that makes it more dangerous than consumers would expect.

Front 38

One Bite Rule

Back 38

Domestic animals are held under strict liability after one bite. Look for propensity - has the animal done this before?

Front 39

Design Defect

Back 39

P must prove there was a better hypothetical alternative design. RAD (REASONABLY ALTERNATIVE DESIGN)

Front 40

Warning Defect

Back 40

If the product has a risk and risks are not apparent to the consumer then it is defectively designed if it does not have warnings about those risks.

Front 41

Defect Exists when Product left Defendant'c Control

Back 41

If product is brand new, and purchased through normal channels, it is assumed that the defect existed when it left the D. Difficult for P who tries to demonstrate manufacturing defect if product is used or sold through non-normal channels.

Front 42

Defenses to Products Liability

Back 42

Contributory negligence is only a defense to strict liability IF Employee (or Purchaser)
(a) discovers the defect and is aware of the danger, and
(b) nevertheless proceeds unreasonably to make use of the product

Front 43

Defenses to Strict Liability

Back 43

Assumption of Risk is a complete defense to Strict Liability