MBE Torts

Card Set Information

MBE Torts
2011-11-19 19:56:35

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  1. IIED
    intentional, extreme, & outrageous conduct causing severe emotional distress
  2. false imprisonment
    intentionally placing one in a bounded area w/no means of escape & victim knows of their confinement
  3. battery
    intentionally causing a harmful or offensive contac to another
  4. assault
    intentionally placing one in apprehension of an imminent harmful or offensive contact
  5. negligent misrepresentation
    negligently made a misleading statement or untrue statement, there was reliance and damages
  6. Trespass to chattel
    intentionally interfering with the personal property of matter; preventing owne from use

    damages= whatever is used
  7. private nuisance
    substantial & unreasonable interference with the use & enjoyment of real property
  8. Intentional interference w/contractual relationship
    • 1. aware of existence of K
    • 2. knowledge of relationship by 3rd party
    • 3. intent to induce a breach
    • 4. lack of privilege by 3rd party
    • 5. damages
  9. Levels of duty
    unknown trespasser: landowner owes no duty

    • known trespasser/licensee: duty to warn of known dangers
    • licensees: social guests, friends, personal relationships

    • invitees: duty to warn, inspect, & make safe
    • invitees: business relationships
  10. NIED
    negligent conduct causing severe emotional distress & some sort of physical harm (or physical manifestation)
  11. Negligence
    duty: act as reasonably prudent person

    breach: didn't act as reasonably prudent person

    • causation: (1) actual cause-"but for" defs actions nothing wld have occurred
    • (2) proximate cause-whether forseeable

    damages: some sort of actual harm
  12. Negligenve per se
    • 1. violation of a statute
    • 2. person harm was part of protected class statute was designed for
    • 3. injury is type statute aimed to prevent
  13. res ipsa loquitur
    the thing speaks for itself
  14. pure comparative negligence
    pltf will still recover but recovery is reduced by their % of fault
  15. Intervening cause
    something else that happened that was forseeable, original def is responsible for subsequent damages
  16. superseding cause
    something that is unforeseeable & cuts off liability of original def
  17. strict liability- unknown trespassers/animals
    unknown trespassers may not recover in strict liability for injuries inflicted by domestic animals, even if dangerous propensities are known
  18. strict liability & animals (wild/livestock)
    def strictly liable for any trespass to land or chattel by livestock or wild animals (if of a kind likely to escape trespass or do damage)

    --does NOT apply to domestic animals
  19. Strict liability & contributory negligence as a defense
    when pltf is neglect in unreasonably subjecting herself to known risk of harm recovery in strict liability is barred
  20. product liability defenses
    misuse: pltf sees in a way not intended or foreseeable

    assumption of the risk: NOT contributory negligence

    comparative neg: pltfs recovery may be reduced for wrongful conduct that contributed to injury (some juris) (usually limited to misuses/abnormal use)
  21. Strict liability
    • Def is liable for injuring pltf whether or not def exercised due care
    • -inherently/abnormally dangerous activities
    • -possession of wild animals

    *breach of absolute duty of care proxiamately causing harm to pltf
  22. strict liability defense
    --assumption of the risk (recovery barred completely)

    --contributory negligence-NOT a defense generally

    --comparative fault (some states) reduce recovery for pltf neg that contributes to their injury
  23. products liability
    area of torts, not a tort

    3 causes of action: negligent behavior, breach of warranty, strict product liability
  24. Defenses to strict product liability
    product misuse, assumption of the risk, adequate warning
  25. strict products liability
    1. defective product that causes injury

    2. proper pltf: any pltf injured while using defective product (purchasers, consumers, families, friends, guests, & employees)

    • 3. proper def: person who assembles finished products is strictly liable for defects in components used
    • --component manufacturer also strictly liable for comp. defects or if they knew/shld have know it was being misused
    • --rebuilder/reconditions of used good usually=manufacturer

    defective condition unreasonably dangerous
  26. attractive nuisance
    • (1)an artificial condition exists
    • (2) owner knew or shld have known kids wld trespass
    • (3)children based on age, youth, maturity fail to appreciate danger (subjective standard)
    • (4) utility of maintaining the dangerous condition is slight compared to the risks
  27. defamation
    a false negative statement made w/publication & there were damages

    private person-negligent statement made w/o regard for the truth

    public figure-statement made w/malice (reckless)