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48 Cards in this Set

  • Front
  • Back
1. Harmful or offensive contact
2. To Plaintiff's person
3. Intent
4. Causation
1. Reasonable apprehension
2. Of immediate harmful or offensive contact
3. Intent
4. Causation
False imprisonment
1. Act/ommission by D that confines or restrains P
2. To a bounded area
3. Intent
4. Causation
Intentional infliction of emotional distress
1. Extreme and outrageous conduct
2. Intent or recklessness
3. Causation
4. Damages: severe emotional distress
Trespass to land
1. Physical invasion of P's real property
2. Intent
3. Causation
Trespass to chattels
1. Interferes with P's right of possession
2. Intent
3. Causation
4. Damages
1. Interferes with P's right of possession
2. Interference so serious to warrant D paying full value
3. Intent
4. Causation
5. Damages
1. Defamatory language
2. Of or concerning P
3. Publication
4. Damage to P's reputation
*public concern:
5. Falsity
6. Fault
What constitutes slander per se?
1. Adversely affects business or profession
2. Loathsome disease
3. Crime or moral turpitude
4. Unchaste woman
Appropriation of P's picture or name
1. Unauthorized use
2. Commercial advantage
Intrusion on P's affairs or seclusion
1. Prying or intruding
2. Highly offensive to a reasonable person
False light
1. Attributes views to P he does not hold or actions he did not take
2. Highly offensive to a reasonable person
Public disclosure of private facts
1. Public disclosure of private information
2. Highly offensive to a reasonable person
Intentional misrepresentation
1. Misrepresentation of material fact
2. Scienter
3. Intent
4. Causation
5. Justifiable reliance
Negligent misrepresentation
1. Misrepresentation by D in business or professional capacity
2. Breach of duty
3. Causation
4. Justifiable reliance
5. Duty
Interference with business relations
1. Valid contractual relationship or expectancy
2. Knowledge of relationship or expectancy
3. Intentional interference
4. Damages
Malicious prosecution
1. Institution of criminal proceedings
2. Termination in P's favor
3. Absence of probable cause
4. Improper purpose
5. Damages
Abuse of process
1. Wrongful use of process for ulterior purpose
2. Act or threat against P to accomplish ulterior purpose
1. Duty
2. Breach
3. Causation
4. Damages
Duty owed to trespassers
Undiscovered: none
Discovered: duty to warn of artificial conditions involving risk of serious injury or death
Attractive nuisance doctrine
1. Dangerous condition on land owner knows (should know) of
2. Owner knows (should know) children frequent the vicinity
3. Condition is likely to cause injury because children cannot appreciate the risk
4. Expense of remedying is slight compared with magnitude of risk
Duty owed to licensees
1. Duty to warn of or make safe know conditions if nonobvious and dangerous
2. Use reasonable care in active operations
Duty owed to invitees
Duty to make reasonable inspections to discover nonobvious dangerous conditions and warn of or make safe
Duty regarding negligent infliction of emotional distress
1. P must be within zone of danger
2. P must suffer physical symptons
Exceptions to NEID zone of danger requirement
1) P closely related to injured person
2) P was present
3) P personally observed the event
Strict liability
1) Nature of D's activity imposes an absolute duty to make safe
2) Dangerous activity is actual and proximate cause of injury
3) Damages
Strict liability for abnormally dangerous activities
1) Serious risk of harm even when reasonable care is used
2) Not a matter of common usage in the community
Theories of products liability
1) Intent
2) Strict liability
3) Negligence
4) Implied warranty of merchantability
5) Implied warranty of fitness
Strict products liability
1) Strict duty owed by a commercial supplier
2) Production or sale of defective product
3) Causation
4) Damages
Implied warranty of merchantability
Goods are of average acceptable quality and generally fit for ordinary use
Implied warranty of fitness
Seller knows or has reason to know of particular purpose buyer is buying products and that buyer is relying on seller's skill and judgment
Private nuisance
Substantial and unreasonable interference with another's use or enjoyment of private land
Public nuisance
Unreasonable interference with the health, safety, or property rights of the community
Defamation defenses
1) Truth
2) Absolute privilege
3) Qualified privilege
Res ipsa loquitor
1) Accident causing injury would not normally occur without negligence
2) Negligence is attributable to D
3) Effect: prima facie case is established
Wild animals
An owner is strictly liable to licensees and invitees for injuries caused by wild animals
1) Did P have capacity?
2) Was consent expressly given?
3) Implied by custom or usage or P's conduct?
4) If yes, did D stay within scope?
Self defense
Reasonable belief that tort is being or about to be committed on D
Defense of others
Tort is in fact being committed or about to be committed on third person
Defense of property
Reasonable belief that tort is being or about to be committed on property
Interference with prospective advantage
1) Economic relationship with future benefit
2) Knowledge by D
3) Intentional act by D to disrupt relationship
4) Actual disruption
5) Damage
Trade libel
1) Published untrue statement of fact
2) Untrue
3) Knew false or reckless disregard of truth
4) Actual pecuniary damages
5) Statement of fact not opinion
Vicarious liability: partners and joint venturers
Each member liable if in scope and course of affairs
Vicarious liability: automobile owner for driver
Automobile owner is not vicariously liable for the tortious conduct of another driver
Vicarious liability: when driver is liable for another person driving car
1) Family car
2) Permissive use
3) Negligent entrustment
Vicarious liability: bailor for bailee
Not liable except for negligent entrustment
Vicarious liability: parent for child
1) CL: not liable
2) Statute: may be up to a certain amount
3) Child as parents agent
4) Parent liable for own negligence
Vicarious liability: Tavernkeepers
CL: no liability
Modern: liable to third parties for injuries under dramshop acts or ordinary negligence