BarPrep Torts

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BarPrep Torts
2012-06-28 18:36:14
BarPrep Torts

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  1. Intent
    knows with substantial certainty that these consequences will result
  2. Transferred intent torts
    assualt, battery, false imprisonment, trespass, trespass to chattel
  3. Battery
    intentional harmful or offensive contact to plaintiff's person and causation
  4. Assault
    intential act creating reasonable apprehension in plaintiff of immediate harmful or offensive contact and causation
  5. Apprehension
  6. False imprisonment
    Intentional act or ommision confining or restraining plaintif to a bounded area and causation 
  7. Shopkeepers privilege conditions
    reasonable belief as to the fact of theft, detention must be reasonble and only nondeadly force used and reasonable durationof time
  8. IIED
    Intentional act that was extreme and outrageous conduct causation and damages
  9. Trespass (land)
    intentional act of physical invation of plaintiffs real property
  10. Trespass to chattels
    intentional act of defendant that intereferes with plaintiffs right of possession to chatel
  11. Conversion
    intentional act by defendant interefering with plaintiffs right of possession in chattel that is serious enough in natur that defendant must pay full value of chattel
  12. Express content
    plaintiff has expressly shown a willingness to submit to defendants conduct
  13. consent indused by fraud
    is not consent
  14. Self-defense
    he may use such force as is reasonably necessary for protection against potential injury
  15. REcapture of chattels
    where anothers possession began lawfully one may use only peaceful means to recover chattel.  Force may be used only when in hot pursuit
  16. public necessity
    where act is for public good, necessity defense is absolute
  17. Private necessity
    where act is solely to benefit limited number of people defense is qualified
  18. Defamation
    • defamatory language
    • of and concerning plaintiff 
    • publication
    • damage to plaintiff's reputation
  19. Special damages (defamation)
    plaintiff must prove he suffered pecuniary loss as result of statement
  20. Libel
    defamatory statement recorded in writing or some other permanent form
  21. Defenses to defamation
    consent, truth, absolute privilige, qualified privilege
  22. Appropriation
    unauthorized use by defendant of plaintiff's picture or name for defendant's commercial advantage
  23. intrusion upon seclusion
    • act of prying or intruding on the affairs or seclusion of plaintiff
    • highly offensive to a reasonable person
    • and thing to which there was intrusion is private  
  24. Intentional misrepresentation
    • misrepresentation
    • scienter
    • intent to induce plaintiff's reliance
    • causation(actual reliance)
    • justifiable reliance
    • damages     
  25. Negligence
    • Duty of defendant to conform to a specific standart of care
    • breach
    • causation (actual and proximate)
    • damages  
  26. general care of duty
    act as an ordinary, prudent, reasonable person
  27. Reasonable person physical characteristics
    same physical characteristics as defendant
  28. Reasonable person mental ability
    average mental ability, mental handicaps are not considered
  29. Duty owed to undiscovered trespasser
    no duty to undiscovered trespasser
  30. duty owed to discovered trespassers
    must exercise ordinary care to warn trespasser of, or make safe, artificial conditions know to the landowner that involve a risk of death or serious bodily harm

    No duty owed for natural conditions or less dangerous artificial conditions 
  31. when is trespasser discovered
    when she is actually noticed on property and when owner is notified by information sufficient for a reasonable preson to conclude someone is on the property
  32. Atractive nuisance
    • there is a dangerous condition on land that owner is or should be aware
    • owner knows or should know that young persons frequent the vicinity of this dangerous condition
    • condition is likely to cause injury and dangerous since child's inability to appreciate the risk
    • expense of remedying the situation slight compared to magnitude of risk   
  33. Licensee
    person who enters land, with permision, for her own purpose/business
  34. Duty to licensee
    owner has duty to warn of dangerous known conditions that licensee is unlikely to discover

    • No duty to inspect
    • excersise reasonable care for active operations   
  35. Duty owed to invitee
    use reasonable and ordinary care in keeping property safe, adds duty to inspect and repair as well as all licensee duties
  36. Negligent infliction of emotional distress
    when defendant creates a foreseeable risk of injury to plaintiff

    plaintiff must satisfy zone of danger and physical symptoms from the distress
  37. zone of danger
    distress caused by threat of physical impact
  38. physical symptoms
    ex. nervous breakdown, miscarriage, heartatact, severe shock
  39. bystandar not in zone of danger satifies if
    • plaintiff and person injured are closely related
    • plaintiff was present at scene and
    • plaintiff personally observed or perceived the event
  40. Exceptions to general rule of no duty to act
    • assumption of duty to act by acting
    • peril due to defendants conduct
    • special relationship between parties
    • role of contract creates duty
    • duty to control third persons
  41. assumuption of duty to act
    one who gratuitously acts for benifit of another is under a duty to act like an ordinary, prudent, reasonable person and continue the assistance
  42. Causation
    defendants conduct must be cause in fact of injury
  43. substantial factor test
    where several causes concur if defendants conduct was a substantial factor in causing the injury
  44. Proximate cause
    normal incidindts of and within the increased risk caused by acts, based upon foreseeability
  45. last clear chance
    person with the last clear chance to avoid an acident who fails to do so is liable for negligence
  46. assumption of risk
    plaintiff must have known the risk and voluntarily assumed it
  47. Private nuisance
    a substantial and unreasonable interference with anothers use or enjoyment of property
  48. substantial intereference (nuisance)
    offensive, inconvenient, or annoying to an average person in the community
  49. Public nuisance
    act that unreasonably interefes with the health, safety, or property rights of the community
  50. Respondeat superior
    master vicariausly liable for tortious acts committed by servant if they occur within the scope of the employment relationship
  51. When master liable for independant contractor
    • the contractor is engaged in inherently dangerous actifity
    • or
    • because of public policy the duty is nondelegable
  52. NC duty regarding Negligent inflictionof emotional distress
    • defendant negligently engaged in conduct
    • reasonably foreseeable such conduct would cause the plaintiff severe emotional distress and
    • conduct did in fact cause the plaintiffs severe emotional distress (physical symptoms NOT necessary)
  53. NC Punitive Damages availible where
    • there is compensatory damages and
    • fraud
    • malice or
    • willful and wanton conduct
  54. NC Willful and wanton Conduct
    a conscious and intentional disregard of and indifference to the rights and safty of others, which deffendant knows or should know is reasonably likely to result in injory or damage
  55. NC Last clear chance
    • plantiff negligently put himself in peril
    • defendant saw or reasonabl should have seen
    • defendant had time and means to avoid injuring plaintiff
    • defendant failed to use reasonably available means to avoid
    • defendant caused plaintiffs injuries
  56. Owner occupant doctrine (NC)
    negligence of a driver is imputed to the owner who is a passenger at the time of the accident