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12 Cards in this Set
- Front
- Back
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What defenses are there for a tort caused by someone's carrying on of abnormally dangerous activities?
What defenses are there for injurues by wild animals? |
None.These are both strict liability torts.
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Is emergency a defense to trespass?
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Yes!
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Is one subject to liability for trespass for intentionally entering land of another if he causes no harm?
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yes
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May one be liable for trespass for intrusions resulting from reckless or negligent conduct and abnormally dangerous activities?
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Yes
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Define Tortious battery
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An actor is subject to liability to another for battery if he acts intending to cause a harmful or offensive contact with the person of another and an offensive contact with the oerson directly or indirectly results. An act done without the intention does not make one liable to another for a mere offensive contact with the other's person. Assault requires intent also. It can be the intent to cause an offensive or harmful contact or the intent to cause apprehension.-
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Define intentional infliction of emotional distress.
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One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional dostress to another is subject to liability for such emotional distress, and if body harm results from it, for such bodily harm.
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What is the essence of a private nuisance?
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Interference with use and enjoyment of the land.
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What is the essence of trespass?
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An invasion of plaintiff's interst in the exclusive possession of his land.
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Right to Privacy comprises 4 distinct wrongs. What are they?
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1. appropriation of d's picture or name for commercial advantage.
2. intrusion upon p's affairs or seclusion. 3. publication of facts which place p in false light. 4. public disclosure of private facts. The intrusion must be offensive to a reasonable man. |
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Seller of product is entitled to expect
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normal use of his product. But if d could reasonably be expected to foresee that the product will be misused, he is obligated to take adequate precautions to reduce likelihood of injury.
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What is the duty of an amusement park to prevent injuries?
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Insoect the premises to discover possible dangerous conditions.
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What is the rule re sellers of products?
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One who sells any product in a defective condition unreasonably dangerous to the user or consumer is subject tos strict liability for physical harm caused to the ultimate user if
1. the seller is engaged in the business of selling the product2. it is expected to and does reach the user or consumer without substantial change in the condition in which it was sold. |
