TORTS.csv

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Author:
mtramm
ID:
162529
Filename:
TORTS.csv
Updated:
2012-07-15 22:43:53
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TTT
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TTT
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  1. What Are the 4 Elements of Battery?  
    • 1. Harmful or offensive contact
    • 2. With the P's person
    • 3. Intent to cause the above
    • 4. Causation (substantial factor)

    Harfulness is judged on reasoanble person standard  
  2. What five torts can be the result of transferred intent?
    • 1Assault
    • 2Battery
    • 3False Imprisonment
    • 4Trespass to land
    • 5Trespass to chattels
  3. What are the 4 Elements of Assault
    • 1. Creating a reasonable apprehension in P 
    • 2. of immediate harmful or offense contact to Ps person
    • 3. Intent
    • 4. Causation
    • ***words not sufficient
    • ***Fear not apprehension
  4. 4 Elements of False Imprisonment
    • 1. An act or omission that confines or restrains P
    • 2. to a bounded area
    • 3. Intent
    • 4. Causation
  5. Requirements for 'Shoplifting Detention' Defense to False Imprisonment
    • 1. Reasonable belief as to fact of theft
    • 2. Detention in a reasonable manner
    • 3. For a reasonable period of time to make an investigation
  6. Elements of Intentional Infliction of Emotional Distress (IIED)
    • 1. Extreme and outrageous conduct
    • 2. Intent (actual or reckless)
    • 3. Causation
    • "4. Damages (severe emotional distress, actual damages, although physical injury is not required)"
  7. Requirements for IIED to a bystander
    • 1. P was present when injury occurred to other person
    • 2. P was a close relative of person
    • 3. D knew that P was present and a close relative
    • *presence and relationship not required if D had a design or purpose to cause distress
  8. Elements of Trespass to Land
    • 1. Physical invasion of P's real property by D
    • 2. Intent to enter land
    • 3. Causation
    • ***if only intangible matter plaintiff may have case for nuisance  
  9. Elements of Trespass to Chattels
    • 1. Interference with P's right of possession
    • 2. Intent to perform the act
    • 3. Causation
    • 4. Actual Damage (to the chattles or to the possessory right)
  10. Elements of Conversion
    • 1. Interference with P's possession serious enough to warrant that D pay full value
    • 2. Intent
    • 3. Causation
    • ***Seriousness judged by legnth and extent of use  
  11. When is defense of property available?
    • 1 After a request to desist the commission of the tort
    • 2 Reasonable force may be used to prevent the commission of the tort
    • "3 Defense does not apply after commission, although it does apply during hot pursuit"
  12. What are the 9 Defenses to Intentional Torts?
    • 1. Consent (actual or implied)
    • "2. Self Defense (reasonable belief, no retaliation, no retreat required except for deadly force outside home, not allowed for aggressor, reasonable force)"
    • 3. Defense of others
    • "4. Defense of property (reasonable, but never deadly, force)"
    • 5. Reentry onto land
    • 6. Recapture of Chattels (force may only be used in hot pursuit)
    • 7. Privilege of arrest
    • "8. Necessity (private or public, only for property torts)"
    • 9. Discipline (parent or teacher)
  13. Elements of Self Defense ?
    • 1. reasonable belief that person is going to be attacked  
    • 2. no retaliation
    • 3. no retreat required except for deadly force outside home
    • 4. not allowed for aggressor
    • 5. reasonable force

    Defense of property is allowed to prevent the commission of a tort agianst real or personal property, also applies in hot prusuit after dispossession of chattels
  14. What is the only intentional tort that requires proof of actual damages?
    Intentional Infliction of Emotional Distress
  15. Two types of necessity: defense to intentional torts
    • Public necessity: 
    • Private necessity: actor must still pay for daamges unless act was to benefit the land owner
  16. 4 Elements of Defamation + 2 if matter was of public concern
    • 1. Defamatory language by D
    • 2. Of or concerning P
    • 3. Publication (single third party)
    • 4. Damage to reputation of P (libel or slader pe se damages are presumed, if not must show money damages)

    If matter was of public concern then: 

    • 5. Falsity
    • 6. Fault by D
    • *damage not required for libel or slander per se
  17. Slander Per Se Categories
    • 1. Business or profession
    • 2. Loathsome disease
    • 3. Crime of moral turpitude
    • 4. Unchastity of a woman
  18. Fault Requirements for Defamation re Matter of Public Concern
    • Public figure = malice (intent or recklessness)
    • Private figure = negligence sufficient
  19. 4 Defenses to Defamation
    • 1. Consent
    • 2. Truth (except for public concern)
    • 3. Absolute privilege
    • a. Gov't proceedings
    • b. Between spouses
    • "4. Qualified Privileges (public policy promotes candor, can be lost if abused, e.g., giving a reference)"
  20. "In suit for Defamation, why is the status of the plaintiff important?"
    • "If the plaintiff is only a private person, only negligence regarding the falsity must be proved if the matter is of public concern"
    • "If the plaintiff is a public figure, actual malice must be established"

    If the plaintiff is a private person and the matter is private no fault need be shown
  21. What are the four torts of invasion to privacy?
    • 1.Appropriation of Plaintiffs picture or name
    • 2.Intrusion on Plaintiffs Affairs or Seclusion
    • 3.Publication of Facts Placing Plaintiff in False Light
    • 4.Public Disclosure of Private Facts about Plaintiff
  22. Elements of Appropriation
    1. Unauthorized use of P's picture or name in connection with advertisement or promotion of products or services
  23. Elements of Intrusion on Plaintiff's Affairs or Seclusion
    • 1. Prying or intruding on affairs or seclusion of P
    • 2. Objection to a reasonable person
    • 3. The subject matter is private
  24. Elements of Publication of Facts Placing Plaintiff in False Light
    • 1. Wide publication of facts placing P in false light
    • 2. Objectionable to a reasonable person
    • 3. Malice if matter concerns the public interest
  25. Elements of Public Disclosure of Private Facts
    • 1. Wide publication of private information about P
    • 2. Objectionable to a reasonable person
  26. Defenses to Invasion of Privacy Torts
    • 1. Consent
    • 2. Absolute Privileges
    • 3. Qualified Privileges
  27. Elements of Misrepresentation (both intentional and negligent)
    • 1. Misstatement of fact (or opinion if from expert)
    • 2. Scienter (i.e., malice) for intentional; negligence is an alternative
    • 3. Intent to induce reliance
    • 4. Causation (actual reliance)
    • 5. Justifiable reliance
    • 6. Damages (pecuniary)
    • 7. Negligent Misrepresentation requires commercial D
  28. Elements of Interference with Business Relations
    • 1. Valid existing contract or expectancy
    • 2. D knows of contract or expectancy
    • 3. Intentional interference
    • 4. Damage
  29. Elements of Negligence
    • 1. Existence of duty (owed to all foreseeable plantiffs)
    • 2. Breach
    • 3. Actual and proximate causation
    • 4. Damage
  30. Special Duties for (1) Child (2) Professional (3) Common Carriers and Innkeepers
    • "(1) Child of like age, intelligence, experience (unless adult activity)"
    • (2) A reasonable professional in similar community
    • (3) Liable even for slight negligence
  31. Duty owed undiscovered trespasser
    No duty
  32. Duty owed discovered or expected trespasser
    • Landowner must warn or make safe
    • 1. Concealed
    • 2. Artificial conditions
    • 3. Known to the landowner 
    • 4. Involving a  risk of death or serious bodily 


    **no duty for owed for natural conditions
  33. Attractive Nuisance:  
    • 1.Artificial  danger
    • 2.Landowner is or should be aware of 
    • 3 Owner knows or should know children frequent the vicinity
    • 4 Condition  is  likley to cause  injury because of children's inability to appreciate risk 
  34. Duty owed licensee (person who enter's property with owners permission for her own benefit)
    • Any dangerous condition landowner knows of
    • That creates an unreasonable risk of harm to the licensee and
    • that the licensee is unlikely to discover
  35. Duty owed invitee
    Same as liscensee's except that landowner should make reasonable inspections as well. 
  36. Elements of Negligent Infliction of Emotional Distress
    • 1. P was within danger zone of physical impact
    • 2. P must suffer physical symptoms of distress (contrast with IIED)
  37. What are the three ways to establish a breach or duty?
    Custom  or usage 

    Violation of a statute

    Res Ipsa Loquitur  
  38. Res Ipsa Loquiter Requirements
    • 1. Act would usually not have happened without negligence
    • 2. Negligence attributable to D (often instrumentality within D's exclusive control)
    • 3. P not contributorily negligent
    • *This merely allows p to escape directed verdict 
  39. What are the three things to remember about actual causation?
    But for test

    Substantial factor: an act that is substantial factor in the resulting injury is the actual cause

    Alternative causes: if two things cause an injury the burden is on the defendants to figure out which one it was  
  40. Defendant is liable for foreseeable results of his breach of care. Under the proximate cause prong what independent acts will defendant be liable for:
    foreseeable results caused by foreseeable intervening forces 

    foreseeable resaults cause by unforseeable intervening forces  
  41. What are the defenses to negligence?
    • Contributory negligence 
    • Assumption of the risk
    • Comparative neglignece  
  42. What are the two finer points to Contributory negligence that should be remebered?
    No defense to an intentional tort

    • Last clear chance is an exception to contributory negligence 
    •  
  43. A plaintiff assumes the risk when he knows of the risk and voluntarily proceeds in teh fact of the risk. It is no defense to intentional torts and may come about in two ways:
    Implied: average person would cleary have appreciated the risk. However, it does not apply when there is no alternative. 

    Express  
  44. Pure comparative negligence:
    last clear chance and implied assumption of the risk apply 
  45. What two defenses to negligence will completely barr recovery?
    Assumption of the risk

    Contributory negligence  
  46. What is the general liabiltiy of an onwer for his animals?
    Strict liability for wild animals 

    Strict liabiltiy after domestic animal bites someone

    Strict liabilty not availabel to trespassers injured by an animal
  47. Product liability (both negligence and strict liability theories)
    • Must have a commercial supplier
    • 1. The defect must have existed when it left D's control (inference if in normal channels)
    • 2. Successful tort theory
    • a. Negligence (in design, manufacture, warnings, inspection)"
    • b. Strict Liability (need to show unreasonably dangerous condition)
    • "*Under both theories, P must be in foreseeable zone of risk*"
  48. When is something considered an abnormally dangerous activity and thus strict liability?
    acitivty creats a foreseeable risk of serious harm even when reasaonble care is exercised by all actors 

    not a matter of common usage in the community
  49. For intentional torts, what types of intent are sufficient?
    Specific Intent: goal in acting is to bring about specific consequences 

    General: knows with substantial certainty that these consequences will result
  50. Private nuisance is 
    • substantial 
    • unreasonable  interference with another individuals
    • use or enjoyment of property  
  51. Public Nuisance
    • Act that unreasonably interefers with 
    • health, safety or property rights of the community  
  52. What is the buzzword for causation for intentional torts?
    The act was a substnatial factor in bringing about the injury

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