Torts - Bar

Front 1

Battery

Back 1

1. Harmful or offensive contact
2. To Plaintiff's person
3. Intent
4. Causation

Front 2

Assault

Back 2

1. Reasonable apprehension
2. Of immediate harmful or offensive contact
3. Intent
4. Causation

Front 3

False imprisonment

Back 3

1. Act/ommission by D that confines or restrains P
2. To a bounded area
3. Intent
4. Causation

Front 4

Intentional infliction of emotional distress

Back 4

1. Extreme and outrageous conduct
2. Intent or recklessness
3. Causation
4. Damages: severe emotional distress

Front 5

Trespass to land

Back 5

1. Physical invasion of P's real property
2. Intent
3. Causation

Front 6

Trespass to chattels

Back 6

1. Interferes with P's right of possession
2. Intent
3. Causation
4. Damages

Front 7

Conversion

Back 7

1. Interferes with P's right of possession
2. Interference so serious to warrant D paying full value
3. Intent
4. Causation
5. Damages

Front 8

Defamation

Back 8

1. Defamatory language
2. Of or concerning P
3. Publication
4. Damage to P's reputation
*public concern:
5. Falsity
6. Fault

Front 9

What constitutes slander per se?

Back 9

1. Adversely affects business or profession
2. Loathsome disease
3. Crime or moral turpitude
4. Unchaste woman

Front 10

Appropriation of P's picture or name

Back 10

1. Unauthorized use
2. Commercial advantage

Front 11

Intrusion on P's affairs or seclusion

Back 11

1. Prying or intruding
2. Highly offensive to a reasonable person

Front 12

False light

Back 12

1. Attributes views to P he does not hold or actions he did not take
2. Highly offensive to a reasonable person

Front 13

Public disclosure of private facts

Back 13

1. Public disclosure of private information
2. Highly offensive to a reasonable person

Front 14

Intentional misrepresentation

Back 14

1. Misrepresentation of material fact
2. Scienter
3. Intent
4. Causation
5. Justifiable reliance

Front 15

Negligent misrepresentation

Back 15

1. Misrepresentation by D in business or professional capacity
2. Breach of duty
3. Causation
4. Justifiable reliance
5. Duty

Front 16

Interference with business relations

Back 16

1. Valid contractual relationship or expectancy
2. Knowledge of relationship or expectancy
3. Intentional interference
4. Damages

Front 17

Malicious prosecution

Back 17

1. Institution of criminal proceedings
2. Termination in P's favor
3. Absence of probable cause
4. Improper purpose
5. Damages

Front 18

Abuse of process

Back 18

1. Wrongful use of process for ulterior purpose
2. Act or threat against P to accomplish ulterior purpose

Front 19

Negligence

Back 19

1. Duty
2. Breach
3. Causation
4. Damages

Front 20

Duty owed to trespassers

Back 20

Undiscovered: none
Discovered: duty to warn of artificial conditions involving risk of serious injury or death

Front 21

Attractive nuisance doctrine

Back 21

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

Front 22

Duty owed to licensees

Back 22

1. Duty to warn of or make safe know conditions if nonobvious and dangerous
2. Use reasonable care in active operations

Front 23

Duty owed to invitees

Back 23

Duty to make reasonable inspections to discover nonobvious dangerous conditions and warn of or make safe

Front 24

Duty regarding negligent infliction of emotional distress

Back 24

1. P must be within zone of danger
2. P must suffer physical symptons

Front 25

Exceptions to NEID zone of danger requirement

Back 25

1) P closely related to injured person
2) P was present
3) P personally observed the event

Front 26

Strict liability

Back 26

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

Front 27

Strict liability for abnormally dangerous activities

Back 27

1) Serious risk of harm even when reasonable care is used
2) Not a matter of common usage in the community

Front 28

Theories of products liability

Back 28

1) Intent
2) Strict liability
3) Negligence
4) Implied warranty of merchantability
5) Implied warranty of fitness

Front 29

Strict products liability

Back 29

1) Strict duty owed by a commercial supplier
2) Production or sale of defective product
3) Causation
4) Damages

Front 30

Implied warranty of merchantability

Back 30

Goods are of average acceptable quality and generally fit for ordinary use

Front 31

Implied warranty of fitness

Back 31

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

Front 32

Private nuisance

Back 32

Substantial and unreasonable interference with another's use or enjoyment of private land

Front 33

Public nuisance

Back 33

Unreasonable interference with the health, safety, or property rights of the community

Front 34

Defamation defenses

Back 34

1) Truth
2) Absolute privilege
3) Qualified privilege

Front 35

Res ipsa loquitor

Back 35

1) Accident causing injury would not normally occur without negligence
2) Negligence is attributable to D
3) Effect: prima facie case is established

Front 36

Wild animals

Back 36

An owner is strictly liable to licensees and invitees for injuries caused by wild animals

Front 37

Consent

Back 37

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?

Front 38

Self defense

Back 38

Reasonable belief that tort is being or about to be committed on D

Front 39

Defense of others

Back 39

Tort is in fact being committed or about to be committed on third person

Front 40

Defense of property

Back 40

Reasonable belief that tort is being or about to be committed on property

Front 41

Interference with prospective advantage

Back 41

1) Economic relationship with future benefit
2) Knowledge by D
3) Intentional act by D to disrupt relationship
4) Actual disruption
5) Damage

Front 42

Trade libel

Back 42

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

Front 43

Vicarious liability: partners and joint venturers

Back 43

Each member liable if in scope and course of affairs

Front 44

Vicarious liability: automobile owner for driver

Back 44

Automobile owner is not vicariously liable for the tortious conduct of another driver

Front 45

Vicarious liability: when driver is liable for another person driving car

Back 45

1) Family car
2) Permissive use
3) Negligent entrustment

Front 46

Vicarious liability: bailor for bailee

Back 46

Not liable except for negligent entrustment

Front 47

Vicarious liability: parent for child

Back 47

1) CL: not liable
2) Statute: may be up to a certain amount
3) Child as parents agent
4) Parent liable for own negligence

Front 48

Vicarious liability: Tavernkeepers

Back 48

CL: no liability
Modern: liable to third parties for injuries under dramshop acts or ordinary negligence