Torts Ohio 2007 Essay Advantage

Front 1

What are the elements of assault

Back 1

(1) an affirmative act by the D (2) done with the intent to place the P in apprehension (3) of an imminent harmful or offensive contact to his person and (4) that actually causes the P apprehension

Front 2

What are the elements of battery

Back 2

(1) An act by the D that brings about a harmful or offensive contact to the P's person; (2) intent on the part of D to bring about harmful or offensive contact to the P's person; (3) causation

Front 3

How old have children been that have been held capable of forming the intent for assault

Back 3

5

Front 4

What are the elements of IIED

Back 4

"(1) Conduct by the D amounting to extreme and outrageous conduct; (2) intent on the part of D to cause P to suffer severe emotional distress, or recklessness as to the effect of D's conduct; (3) causation; and (4) damages-severe emotional distress"

Front 5

What are the elements of conversion

Back 5

(1) An act by D interfering with O's right of possession in the chattel that is serious enough in nature or consequence to warrant that the D pay the full value of the chattel; (2) intent to perform the act bringing about the interference with P's right of possession; and (3) causation

Front 6

What are the elements of Trespass to Chattels

Back 6

(1) An act of D that interferes with P's right of possession in the chattel; (2) intent to perform the act bringing about the interference with P's right of possession; (3) causation; (4) damages

Front 7

What are the elements of false imprisonment

Back 7

(1) an act (or omission to act) by D that confines or restrains P to a bounded area; (2) intent on D's part to confine or restrain the P; and (3) causation

Front 8

What are the elements of Interference with Business Relations

Back 8

This can include interference with an existing contract or interference with a prospective economic advantage. (1) the existence of a contractual relationship between P and a third party or a valid business expectancy; (2) D's knowledge of the contractual relationship or the expectancy; (3) intentional interference; (4) damages (remeber there is a privilege to use proper means to obtain business - what is proper depends on the interests involved (argue the facts)

Front 9

When may force be used to recapture chattels

Back 9

"Only when one is in ""hot pursuit"" of the wrongdoer"

Front 10

What is the necessity doctrine

Back 10

"A person may interfere with the real or personal property of aother if reasonably necessary to avoid injury from some natural or other source, and the harm to be avoided is substantially more serious than the interference"

Front 11

What is a prima facia defamation case

Back 11

There is a publication to a 3rd person of a statement understood as defamatory of the P that causes damage to the P's reputation. The type of damage the P must prove depends on whether the defamation was libel or slander

Front 12

What is libel and what are the damages

Back 12

Writeen or printed publication of defamatory language wherein the P does not need to prove special damages and general damages are presumed

Front 13

What is slander and what are the damages

Back 13

Spoken defamation wherein the P must prove special (pecuniary) damages unless the defamation falls within a slander per se category

Front 14

What is required for defamation of a public concern/figure

Back 14

"When defamation involves a public figure and a matter of public concern, the P must prove, in addition to the CL elements, the falsity of the statements as well as malice (knowledge of falsity or reckless disregard for the truth on the part of D)"

Front 15

"What is required for defamation of a private figure, public concern"

Back 15

"When the defamation involves a private person but a matter of public concern, the P must prove at least negligence and actual injury, in additiona to falsity and the CL elements"

Front 16

What is the common law qualified privilege defense

Back 16

There is a CL qualified privilege to report information that the recipient has a legitimate interest in obtaining

Front 17

How can the qualified privilege be lost

Back 17

"through bad faith or abuse, shown through a lack of an honest belief in the truth of the statement, malice in the publication, or excessive publication"

Front 18

Where do absolute privileges arive for defamation

Back 18

"communications between spouses, judicial proceedings, legislative proceedings, whether or not the statement relates to the matters at hand. Also for executive proceedings, but only if the statement has some reasonable relationship to the matter at hand"

Front 19

What is republisher liability for defamation

Back 19

One who repeats a defamatory statement will be held liable on the same general basis as a primary publisher

Front 20

What are privileges to republisher liability

Back 20

"The qualified privileges apply to the publisher. Where no relationship exists between the providor and the recipient, the privilege applies if the defamation was made in response to a request for the info by the recipient, rather than volunteered by the provider"

Front 21

Who is a trespasser and what duty is owed

Back 21

A trespasser is one who enters the property of another without right or permission. A trespasser is not owed a duty unless he is known. Landowners who know trespassers frequent their land have a duty of reasonable care to warn trespassers who are known, discovered or anticipated of known dangers.

Hint 21

None

Front 22

Who is an infant trespasser and what duty is owed

Back 22

An infant trespasser is one who falls under the attractive nuisance doctrine.

1) Artificial dangerous condition upon land;
2) Possessor knows (or should know) of condition and realizes risk of harm;
3) Trespassing child enters land;
4) Child does not realize risk because of youth, age, or immaturity; and
5) Possessor fails to exercise reasonable care to eliminate danger or protect child
1. Doctrine is based on foreseeability of harm, NOT attraction onto property

Hint 22

None

Front 23

Who is a licensee and what duty is owed

Back 23

Licenses are those who are given permission to enter the land of another for a specific purpose.
Possessor must warn licensee of concealed, known dangerous conditions

Hint 23

None

Front 24

Who is an invitee and what duty is owed

Back 24

An invitee is one who enters the premises for the benefit of the landowner.

1) Possessor has a duty to inspect premises; and
2) Make safe for protection of invitees who enter.
 Duty does not extend to areas outside scope of invitation
3) No duty to warn of obvious or known dangers unless harm is anticipated (i.e. history of prior criminal acts

Hint 24

None

Front 25

Who is an ordinary licensee treated as

Back 25

"The same as a trespasser, the landowner has a duty to refrain from willful or reckless conduct likely to injure the person"

Front 26

What duty is owed to a social guest

Back 26

the landowner must exercise ordinary care to prevent injury to guests from activities carried out in the premises and must warn of any known dangerous conditions that the guest does not likely know of and will not likely know of and will not likely discover

Front 27

What is negligence per se and what does it establish

Back 27

"consider whether the statute was intended to protect that type of P from that type of harm; if so, it is a conclusive presumption of duty and breach of duty"

Front 28

What has Ohio done to the contributory negligence and assumption of the risk analysis

Back 28

P can recover as long as her fault is no greater than the combined negligence of the other parties

Front 29

What is the effect of release

Back 29

"The release of one joint tortfeasor will not release any other tortfeasors, but the claim against the others is reduced to the extent of the amount stipulated in the agreement or the amount of consideration paid, whichever is greater"

Front 30

What are parents in Ohio liable for under Respondeat superior

Back 30

Parents are liable for the willful and malicious torts of their minor children up to 10k

Front 31

When can a P generally recover punative damages in Ohio

Back 31

"Only if D's acts or omissions demonstrate malice, egregious fraud, oppression, or insult or the D was a principal who ratified such actions of his agent"

Front 32

What tort actions do not survive the death of the party

Back 32

"libel, slander, malicious prosecution, and nuisance"