Final Torts

Front 1

Elements of tort of negligence

Back 1

1. a duty
2. harm cause do person or property of person through the breach of the duty

Front 2

Steps of Negligence Tort

Back 2

1. Establish if there is duty
2. Was the duty breached?
3. Was the breach the legal cause of injury

Front 3

No liability (in tort) if...

Back 3

1. proximate cuase annot be proven
2. intervening cause exists

Front 4

Burden of Proof for Tort

Back 4

Always on the Plaintiff

Front 5

2 defenses to tort claims

Back 5

1. caparative fault
2. assumption of risk (intentional or unreasonable exposure to obvious danger)

Front 6

Kinds of Torts

Back 6

1. Negligence (failure to exercise reasonable care)
2. Intentional

Front 7

Assault

Back 7

defendent intentionally creates a reasonable FEAR in plaintiff of imminent harm

Front 8

Battery

Back 8

Defendent intends to bring harm about through contact (you can have battery w/o assualt if hit without looking)

Front 9

False Imprisonment

Back 9

Defendent (1) intentionally confines or restrains plaintiff (2) to a bounded area (3) w/o justification (All 3 must be met)

Front 10

Intentional Infliction of Emotional Distress

Back 10

defendant committed and extreme act, defendent inteded to cause plaintiff to suffer emotionally, defendent actis did cuase mental anguish for plaintiff

Front 11

Defamation

Back 11

defamatory language on the part of the defendant which is false and damaging to plaintiff
1. language concerning plaintiff
2. publicaiton of defamatory language to 3rd person
3. smage to reputation of plaintiff
4. in case of public figure - showing malice

Front 12

Invasion of Privacy

Back 12

appropriation by defendent of plaintiff's picture or name or other likeness for defendents commercial advantage

Front 13

Fraud/Misrepresentation

Back 13

1 person was induced, by justifiable reliance on, the other party's misrep., of a material fact (and for Fraud - scienter)... there is no need for a contract (but same definition as contract)

Front 14

Wrongful interference with a contract

Back 14

1. valid contract exists
2. defendant knows that contract exists
3. defendant intentaionally cuases X to breach contract

Front 15

Conversion

Back 15

(THEFT) - taking personal property, belonging to someone else, without owners permission

Front 16

Casuation (negligence in tort)

Back 16

1. Causation in fact: but for the defendant's breach, plaintiff injuries would not have occured
2. Proximate Cause: there must be a close enough connection between defendant's conduct and plaintiff's harm (there aren't too many dominoes between)

Front 17

Comparative Negligence

Back 17

court figures out what percentage of fault was plaintiff's and what was defendant's (Plaintiff only gets his percentage)

Front 18

Assumption of risk

Back 18

Plaintiff who voluntarily exposes himself to a known danger (assumed the risk and denied recovery from courts)