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49 Cards in this Set

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Does carrying on an abnormally dangerous activity make one subject to strict liability?
Yes
can a P recover for intentional infliction of emotional distress even though he did not suffer any physica injuries?
Yes (pulling our chair of award winner at baseball hall of fame gathering)
can D be liable for blowing cigarette smoke at the P?
Yes
what must the P prove in order to recover for slander?
special damages
does a mistake eliminate the defense of self-defense?
No, not if it was reasonable
can you recover nominal or punitive damages in negligence when there was no actual injury to your person of property?
No, damages are not presumed in negligence cases, there must be actual harm or injur
is a D liable to a P for negligent infliction of emotional distress if the P is not physically injured?
No, there has to be some physical injury, not just purely emotional distress, and the P has to have been in the zone of danger
is a D liable for Battery if she causes an indirect contact, such as gas or cigarette smoke?
Yes
is a principle. responsible for the tortious acts of an idependent contractor?
No, only where there is a master/servant relationship will the principle be vicariously liable for torts committed by the agent within the scope of the employment relationship
can a principle ever be liable for the for the tortious acts of an independent contractor?
Yes, if the IC is

1. engaged in inherently dangerous activities

2. principle has a duty on policy grounds

3. also, principle can be held liable on policy grounds for negligence in employing an incompetent IC
if D insults P, knowing that P is highly sensitive, and P's feelings are hurt, is that enough to trigger extreme and outrageous conduct which would make D liable for intentional infliction of emotional distress?
No, major outrage is essential to the tort
will the D be liable to a rescuer when he endangers no one's life, but his own?
Yes
may an officer or private citizen make an arrest without a warrant to prevent a felony or breach of the peace which is being committed or is reasonably appears about to be committed?
Yes, but only if the crime occurs or is about to occur in his presence.

once the crime has been committed, the private person may still arrest, but his authority depends upon the fact of the crime, and he must take the full risk that none has been committed
burden of proof in a civil suit where cause of action is negligence
preponderance of the evidence.

burden of proof is on the P
can statements of opinion be considered defamatory?
No, only statements of fact can be actionable as being defamtory
Is a D liable for trespass if he negligently, recklessly, or as a result of an inherently dangerous activity, enters the land of another?
if D did not intentionally enter the land of another, but did so negligently, recklessly, or as the result of a dangerous activity, D must cause damage to the land to be liable
how do you determine if a cause of action is one in strict liaility or negligence when a fact patters revolves around injury due to a product?
as a general rule of thumb, if the D is a seller, manufacturer, or distributor of defective products, then the proper cause of action is SL.

Otherwise, it will generally be negligence
may an airliner be held VL for the intentional torts of its passengers?
Yes, common carriers may be held VL for the intentional torts of their passengers
what is the distinction between a modified comparative negligence J and a "pure" comparative negligence J?
In a modified comparative negligence J, P's degree of fault must not be equal to or greater then the D's
what will a court consider in deciding whether to issue an inunction in a nuisance claim?
the relative hardships resulting from granting or denying the injunction
to establish breach of duty for a strict liability action, does the P need to prove that the D was at fault in selling or producing a defective product?
no, only needs to prove that the product is so defective as to be unreasonably dangerous
what degree of care does a land owner owe to travelers on highways adjacent to his land?
reasonable duty of care
is a retailer strictly liable for injuries caused by a defect in a product sold by the retailer?
Yes
May one use a vicious dog to protect their property?
No. One may use only reasonable force to defend property. A landowner may not use force that will cause death or serious bodily harm

furthermore, one may not use indirect deadly force such as a trap, spring gun, or vicious dog when such force could not lawfully be used directly against a mere trespasser
what is the rule for child trespassers and the attrative nuisance doctrine?
a landowner who has reason to anticipate that children are likely to trespass and be injured by an artificial condition is under a duty of reasonable care to eliminate the danger
is there strict liability for service transactions, such as servicing a plane?
No
does a chattel owner have to pay damages when he goes onto the property of a wrongdoer and damages that property in order to reclaim his chattel?
No, when a chattel is located on the land of a wrongdoer, the owner is privileged to enter upon the land and reclaim it in a reasonable manner

unlike an entry onto the land of an innocent partt, reasonable entry onto the land of a wrongdoer is completely privileged and the chattel owner does not have to pay for any actual damage caused by the entry
does the owner of a place of accomodation (such as a mall) who gathers the public for a profit, owe a duty to protect patrons from the acts of 3rd persons?
Yes. An owner or occupier of land has a duty to make the premises reasonably safe for it's invitees.

for the owner of a place of public accomodation who gathers the public for profit, the duty extends to protecting patrons from injury from 3rd persons where the owner knew or should have known of the danger
is is a matter for the court or the trier of fact to determine whether an activity is abnormally dangerous
is a question the court can decide on a directed verdict motion
does the P have to suffer an actual loss or damage to have a claim in negligence?
Yes
is contribution among tortfeasors permitted when one of the tortfeasors has settled with the P before a judgment is rendered?
Yes, unless there is a provision to the contrary
if D sells a defective product, but warns the P of the defect, will the D be liable for any possible injuries which occur after the injury?
Yes, because selling a defective product makes one subject to strict liability
what showing is required for a products liability claim based in negligence?
Products liability based on negligence requires the existence of a defect which would have been discoverable upon reasonable inspection, actually and proximately causing harm to P
what is the standard of conduct required during an emergency
RPP under the circumstances
is a parent ever laible for the conduct of their children?
Yes, generally parents are not VL liable for their children's act, but a parent may be liable for the tortious acts of thier children if they directed or encouraged the act or if the parents knew the child had a propenscity to commit a tort and did not take proper precaution
is a shopkeeper liable for false imprisonment for detaining someone he suspects of shoplifting when it turns out the P is innocent?
No, the shopkeeper will not be liable as long as his belief was reasonable.

Shopkeepers have a privilege to detain suspected shoplifters as long as their belief was reasonable and the detention is conducted in a reasonable manner and time
does using a celebrtities' name in a TV show or a magazine storey make the D liable for invasion of privacy?
No, liability is generally limited to the use of the D's name in the connection with the promotion or advertisement of a product or service.

the use of a celebrities' name in a TV show, though done for profit, does not suffice
where this is joint and severl liability, are both the D's liable for the full amount each or just a portion of it?
The full amount. If the D's are found jointly and severally liable for $6,000, then each will be required to pay $6,000
what is the difference between cause in fact and proximate cause?
cause in fact answers the question of whether the D's conduct caused the P's injury

Proximate cause asks whether the D should be legally resonsible for what he has caused. in other words, was the D under a duty to protect the P from an event which did in fact occur.
what is needed for nuisance
the nuisance must affect an interest common to the general public, rather then the perculiar sensitivies of one individual
what are the elements for malicious prosecution?
(i)institution of criminal proceedings against the P,

(ii)termination in P's favor

(iii)absence of probable cause

(iv)improper purpose

(v)damages
what does the tort of abuse of process prohibit?
the use of any form of process to bring about a result other than that for which the process was intended

P must show (1)wrongful use of the process for an ulterior purpose and (2)some definite act or threat against P to accomplish the ulterior purpose
when will special damages have to be proven in libel?
in most J's, general damages will be presumed if the defamtory statement was in writing.

a minority hold that while damages will be presumes if the statement is liable on its face, special damages must be proved if the statement is libel per quod
what is the prima facie case for defamation?
1. defamatory language tending to affect one's reputation,

2. of or concerning the P-P must establish that a reasonable person would understand that the defamatory language referred to the P,

3. publication-to someone other then the P

4. damages to P's reputation
in a strict products liability claim, is contributory negligence a valid defense where the P fails to discover the defect or guard against it's existence?
No
who is a public figure for purposes of defamation regarding a matter of public concern?
a person that has achieved such persuasive fame or notoriety that she becomes a public figure for all purposes or where she voluntarily assumes a central role in a particular controversy
is the operator of an aircraft subject to strict liability for damage caused by the ascent, descent, or flight of the aircraft, or by the dropping or falling of objects from the aircraft?
Yes. the rationale is that the risk of harm to those on the ground
if in the course of defending oneself, the person accidentally injures a 3rd party, is the defense of self-defense eliminated?
No, if in the course of defending himself, one accidentally injures a bystander, he is still protected by the defense
what is usually considered an unusually long period of time in terms of period of detention for shopkeeper's privilege
thirty minutes or above may be considered an unusually long time