Mbe - Torts

Front 1

Strict Products Liability

Back 1

defective product, for which an appropriate D is responsible, injures and appropriate P

Front 2

SL proper Plaintiff

Back 2

any P using defective product or a party not using it that would be reasonably foreseeable that such a P might be injured by product

Front 3

SL Proper D

Back 3

commercial suppliers at all levels of the distribution chain

Front 4

Retailers and commerical lessors

Back 4

are subject to strict liability for defects in new goods that they sell or lease

Front 5

SL - providers of service

Back 5

generally not SL for services, even when accompanied by a product - service must be primary

Front 6

Manufacturing Defect

Back 6

manufactured in a form other than the manufactured intended--SL imposed to all in chain of distribution

Front 7

Design Defect

Back 7

manufactured as designer intended but still poses danger or PI or property damage --> must be more dangerous that normally contemplated to be by an ordinary customer

Front 8

Absence of warnings

Back 8

failure to warn or adequately warn of potential harm or danger may constitute a defect

Front 9

cause in fact

Back 9

P shows that the injure was caused by the defect by proving that defect was a substantial factor in bringing about his injury

Front 10

Proximate cause

Back 10

must not be evidence of intervening conduct of 3rd party:
previous warning in chain or criminal and intentional tort by 3rd party = unforeseeable

Front 11

SL - Damages

Back 11

recovery of economic loss but not additional expenses for obtaining replacement equipment

Front 12

SL - Defenses

Back 12

Misuse & Contributory negligence (must know of defect) & Comparitive negligence - wrongful conduct causes failure to discover defect

Front 13

SL - TIP

Back 13

P must only show defect existed when left the D's hands and D was engaged in the business of selling the product

Front 14

Defense of Necessity

Back 14

damages are awarded for both personal injuries and property loss

Front 15

TIP

Back 15

courts often issues awards for damages in conjunction with injunctive relief as long as award is not redundant

Front 16

TIP

Back 16

A Parent is under a duty to exercise reasonable care to control his minor child as to prevent him from intentionally harming others or from so conducting himself as to create an unreasonable risk of bodily arm to them

Hint 16

1. knows of has a reason to know that he has the ability to control his child and 2 knows or should know of the necessity and opportunity for exercising such control.

Front 17

Comparative Negligence

Back 17

reduction of damages to be recovered by the negligent P in proportion to his fault

Front 18

Joint and Several Liability

Back 18

tortefeasors may be sued separately or all together. ea D acting in concert with the other is liable for the entire amount of the P damages.

Front 19

Conditional Privilege

Back 19

publication is conditionally privileged if the circumstances included a correct or reasonable belief that:

Hint 19

1.there is information that affects a sufficiently important interest os the publisher and 2 the recipients knowledge of the defamatory matter will be of service in the lawful protection of the interest.

Front 20

Slander Per Se

Back 20

one is liable for publication of defamatory matter, despite lack of special harm if:

Hint 20

1. criminal offense, 2 loathsome disease, 2 matter incompatible with his trade, business, office or 4. serious sexual misconduct.

Front 21

misfeasance

Back 21

affirmative risk creating conduct
ex. shooting off a gun in a crown in heart of downtown or a negligent omission - failure to do something that causes a harm

Hint 21

debo runs the stop sign and injures jon and causes injury

Front 22

non fesance

Back 22

failure to act - we start with no duty owed

Front 23

PL - Negligence

Back 23

D failed to exercise reasonable care that was actual/proximate cause of injury

Front 24

Standard of care in emergency

Back 24

P in an emergency situation not held to the same standard as a P not in an emergency situation.

Front 25

Traditional Contributory Negligence

Back 25

Last Clear Chance Doctrine

Hint 25

The last wrong doer is liable for all damages.

Front 26

IIED

Back 26

behavior must be outrageous and extreme --- shocks the conscious.

Front 27

Possessors of Land

Back 27

required to exercise reasonable care to protect invitees

Hint 27

non delegible duty, even with independent contractors

Front 28

Civil Action Standard of Care

Back 28

Prove beyond a preponderance of the Evidence.

Front 29

Products Liability - Neglignce

Back 29

fails to exercise reasonable care

Front 30

Products Liability - Strict Liability

Back 30

defective and unreasonably dangerous

Front 31

a party is Negligent when:

Back 31

they fail to exercise the care of duty of a reasonable person under similar circumstances