Torts Ii

Front 1

Elements of Vicarious Liability

Back 1

1 Employee agreement to work under the direction and control of the supervisor
2 Supervisor has inherent authority to control employee
3 Employer acting in the scope of his employmet

Front 2

Elements of Joint Enterprise

Back 2

1 An agreement, express or implied, among members of the group
2 A common purpose to be carried out by the group
3 A community of pecuniary interest
4 An equal right in the voice of the direction of the enterprise

Front 3

Elements of Abnormally Dangerous Activities

Back 3

1 Existence of a high degree of risk of some harm to the person, land or chattels of others
2 Likelihood that the harm that results from it will be great
3 Inability to eliminate the risk by the exercise of personal care
4 Extent to which the activity is not a matter of common usage
5 Inappropriateness of the activity to the place where it is carried on
6 Extent to which its value to the community is outweighed by its dangerous attributes
(Do not have to have all of these, one will suffice)

Front 4

Elements of Product Liability

Back 4

1 One who sells a product in a defective condition, unreasonably dangerous to the user or consumer, is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if
2 The seller is engaged in the business of selling a product, and
3 it is expected to and does reach the user or consumer without substantial changes in the condition in which it is sold

Front 5

Elements of Public Nuisance

Back 5

An unreasonable interference with a right common to the general public
1 Where the defendant's conduct involves a significant interference with the public health, the public safety, the public peace, the public comfort or the public convenience.
2 to recover, a harm that is different in kind rather than in degree from that suffered by other members of the public must be shown
3 if the plaintiff can show personal injury or damage to chattels he can recover

Front 6

Elements of Private Nuisance

Back 6

1 Where the disturbance creates a substantial and unreasonable interference with one's use and enjoyment of their property.
2 Must be a substantial interference (offensive, inconvenient, annoying to average person in the community)
3

Front 7

Elements of Misrepresentation

Back 7

1 False Statement
2 Scienter (Knowledge that the representation was false)
3 An intent to induce the plaintiff to act or refrain from acting in reliance on the false representation
4 Causation
5 Justifiable(reasonable) reliance on the false statement
6 Damages (pecuniary loss)

Front 8

Elements of Defamation

Back 8

1 Plaintiff must show defamatory language
2 Of or concerning the Plaintiff
3 Must be publication (communicated to someone other than the person defamed)
4 Damage to the plaintiff's reputation
If the defamation involves a matter of public concern,
5 Falsity
6 Fault on the part of the defendant

Front 9

Elements of Misuse of Legal Proceedings

Back 9

Malicious Prosecution
1 Defendant initiates or procures proceedings without probably cause
2 The proceedings have terminated in the favor of the accused
Wrongful Use of Civil Proceedings
1 One who takes an act apart in the initiation, continuation or procurement of civil proceedings is subject to liability if he acts in bad faith without having a basis and primarily for a purpose other than securing proper adjudication of a claim, and the proceedings have terminated in favor of the plaintiff,

Front 10

Elements of Trade Libel

Back 10

1 Publication
2 Derogatory or disparaging statement
3 Relating to the plaintiff's property or business
4 Causing pecuniary loss (damages)