Torts Nv Bar Exam

Front 1

Seven Intentional Torts

Back 1

1. Assault
2. Battery
3. False Imprisonment
4. Tresspass to land
5. Tresspass to chattel
6. Intentional Infliction of emo distress
7. conversion

Front 2

Opening statement for each tort

Back 2

"To establish a prima facia case for .."

Front 3

Assault

Back 3

(i) P in reasonable apprehension
(ii) of Harmful or offensive contact
(iii) Intent
(iv) Causation

(words + conduct)

Front 4

Battery

Back 4

(i) harmful or offensive contact
(ii) w/ P's person - including things attached to P
(iii) intent
(iv) causation

(judged by reasonable person standard)

Front 5

False Imprisonment

Back 5

(i) act or omission
(ii) confining P to bounded area
(iii) intent
(iv) causation

ex: Sufficeint forms of restraint : physical force, threats of force, failure to release, invalid use of legal authority

Front 6

Tresspass

Back 6

(i) physical invasion
(ii) to P's prop
(iii) intent
(iv) causation

Front 7

Tresspass to chattle

Back 7

(i) act of invasion
(ii) interferring w/ P's tangible personal Prop
(iii) Intent
(iv) Causation
(v) damages

Front 8

IIED

Back 8

(i) extreme & outrageous conduct
(ii) Intent to cause severe emo disstress
(iii) Causation
(iv) damages - Severe emo distress

Special P's: Pregnant, children, elderly

Special D's: Inn Keepers, and common carriers

Front 9

Conversion (alot of damage)

Back 9

(i) act of interferring with P's right of possession
(ii) Serious enough to pay full market value
(iii) intent
(iv) causation

Remdies: FMV or Replevin (return property)

Front 10

Defenses to intentional torts

Back 10

Consent - Express/Implied
self defense
Defense of others
Defense of property

**Necessity** (for tresspass to land)
(a) public - protecting a
community
(b) private - protecting interest
of self or one person

Front 11

Defamation

Back 11

(i) defamatory statement
(ii) of and concerning P
(iii) publication to 3rd party
(iv) damage to rep (loathsome diesease = defamation per se)

Front 12

Defamation types of publication

Back 12

Libel - written
Slander - Spoken

Front 13

Defamation to public figure: 1st amendment protects speech on matters of public concern in such cases need 2 addt'l elements

Back 13

For matters of public concern

(1) Falsity
(2) Fault (malice)

Front 14

Defenses to Defamation

Back 14

* Consent
* Truth
* Privildge (absolute spousal/judicial proceeding)

Front 15

Privacy Torts (5)

Back 15

1. Appropriation
2. Intrusion
3. False light
4. Disclosure
5. Misrepresentation

Front 16

Appropriation

Back 16

D uses P's name or images for a commercial purpose

Front 17

Intrusion

Back 17

* invasion of P's seclusion

* In a way objectionable to avg person

* in a place where P had a reasonable expectation of privacy

Front 18

False Light

Back 18

* D makes widespread dissementation

* of major falsehood

* objectionable to average person

* with malice

Front 19

Disclosure

Back 19

* wide spread dissemination
* about confidential information

Front 20

misrepresentation

Back 20

* affirmative misrepresentation

* intent to reduce reliance

* scienter : knew statement was false (deciet + knowledge)

* causation

Front 21

Negligence

Back 21

P was owed a duty whereby the duty was breached by D, actually and proximatley causing the damages.

Front 22

Duty

Back 22

A duty is owed to forseeable plaintiffs to prevent forseeable risks of harm from causing injury

Front 23

two dissucssions for Duty

Back 23

Under Cardozo - a D owes a duty to all forseeable plaintiffs within the zone of danger

Under Andrews: A D owes a duty to all forseeable P's

Front 24

Forseeable plaintiff's always
-----always a duty for....

Back 24

(1) if D caused the peril
(2) relationship
(3) statutory - (negligence per se)
(4) contractual

Front 25

After discussion you will discuss
(STANDARD OF CARE OWED)

Back 25

Duty...

* Standard of Care:
1. General - Reasonable purdent Person
2. professionals - knowledge and skilll of other memeber of the profession
3. Children - same age, intelligence, experience
4. Common carriers/ Inn keepers - high degree

Front 26

(STANDARD OF CARE LAND OWNERS)

Back 26

Undiscovered Tresspassor:
* No duty

discovered tresspassor:
* duty to warn of hazards (known of)
* including artificial condition

Licensee: permission on land for own purpose/buisness ;
* duty to warn of dangerous conditions natural
* artificial
* reasonable care (no duty to inspect)

Invitee: (place open to public); * duty to warn of all hazards
* natural and artificial
* duty to inspect.

Front 27

Attractive nuisance doctrine - STANDARD OF CARE

Back 27

forseeable risks to children

(i) dangerous condition landowner should be aware of
(ii) owner knows or should of known children frequent
(iii) condition likley to cause injury
(iv) expense of remedy slight compared to magnitude of risk

Front 28

BREACH

Back 28

Occurs when standard of care falls below applicable standard

(discuss facts here)

Front 29

CAUSE

Back 29

Acutal - "but for"

Proximate - "if harm suffered by P was forseeable at time act occurred

Front 30

DAMAGES

Back 30

Common damages :

* Medical damages
* Past/future income
* pain and suffering
* Compensatory _ Putting p where they were had the damage not occured

Front 31

DEFENSE TO NEGLIGENCE

Back 31

NV: "Pure Comparitive Negligence"

where P's recovery is lowered but P will still recover. Award reduced by percentage of fault attributable to her

Fault: amount of risk assumed (express/implied)

Front 32

Strict Liability : Prima Facia

Back 32

(1) absolute duty to make safe
(2) breach
(3) actual/proximate cause
(4) damage

Front 33

STRICT LIABiLITY for (3)

Back 33

1. Ultra hazardous Activity
2. Wild Animals
3. Products

Front 34

Ultra Hazardous Activity

Back 34

(i) involves serious risk of harm
(ii) cannot be performed w/out risk
(iii) activity not common in community
** duty, breach, damages**

Front 35

Wild animals

Back 35

(I) owner strictly liable for his animals in tresspass

(II) strictly liable to licensee's and Invitee's so long as the person didn't do anything to bring about the injury

***NO STRICT LIABILITY for domestic animals unless owner knows of the animals dangerous propensities.

Front 36

PRODUCTS LIABILITY

Back 36

1. consider - negligence/ res-ipsa
***************************
(i) DUTY OWED BY COMMERCIAL SUPPLIER

(ii) BREACH
- so defective (design/manufatur) its unreasonable dangerous
- product dangerous beyond expectation
- less dangerous alternative

(III) CAUSE (actual defect exsisted when it left hands/proximate p made forseeable use)
(IV) DAMAGES

Front 37

products liabilities always consider

Back 37

1. breach of implied warranty of fitness - for ordinary purposes of use

2. breach of warranty of fitness for particular purpose (when seller has reason to know of the particular purpose buyer is buying and buyer relies on sellers judgement)

Front 38

NIED - NV "by stander recovery"

Back 38

(i) presence at scene
(ii) close familial relationship
(iii) witness victim injured
(iv) severe emo distress + physical symptoms

Front 39

Negligence Per Se

Back 39

When a statutory duty is owed:

(class of person protected under statute)

(class of harm protected against by statute)

Front 40

Wrongful death Actions occur:

Back 40

when but for D's conduct P would not have died

Damages:
* Loss of consortium
* loss of support
* loss of services

Front 41

Nevada' survival statue, provides that (spouse) may ...

Back 41

sue on behalf of plaintiff's estate for:

1. personal injuries
2. medical expenses
3. pain and suffering

but no action for loss of parent child relationship

Front 42

random torts to consider

Back 42

1. Nuisance
2. Interference with business relations
3. Wrongful institution of legal proceedings
4. Res ipsa loquitor

Front 43

Nuisance

Back 43

P's inablility to enjoy the use of his land b/c it has been interfered with to a substantial degree

Front 44

Interference w/ Buisness relations

Back 44

(i) existance of a valid K
(ii) D had knowledge of the K
(iii) intentional interference (act)
(iv) damage

Front 45

Wrongful institution of legal proceedings

Back 45

1. Malicious prosecution - where criminal or civil proceeding brought fourth for improper purpose

2. Abuse of proceedings - where using legal process for improper purpose

Front 46

Res Ipsa Loquitor

Back 46

arises when you can't prove a breach of a duty, P can still get to a jury by showing that nothing else could've been the cause other than you.

Front 47

police officer and firefighter exception

Back 47

member of certain professions can not recover for injuries that are inherent in the risk of their jobs.

Front 48

viacarious liability

Back 48

ER are viacariously liable for torts of EE

Cosideration
1. scope of employment
2. frolic/detor
3. was ee's action to benefit the er.

defenses: independent contractor