Card Set Information

2012-07-21 20:37:15

Show Answers:

  1. Negligence
    Need duty, breach/standard of care, causation, and damages. Duty of care is owed to foreseeable pltfs. Reasonable person standard is objective one. 
  2. Invitee
     enters land in response to an invitation. Landowner owes duty to warn of dangerous conditions known to owner that create unreasonable risk of harm and that invitee is unlikely to discovery, exercise reasonable care in the conduct of the active operations on the property, and make reasonable inspections to discover non obvious dnagerous conditions and make them safe. 
  3. licensee
    one who enters land with permission, express or implied, for own purposes or bix purposes other than possessors benefit. has duty to wanr of known dangerous condition, which creates an unreasonable risk of harm, and licensee is unaware of the condition and unlikely to discover (latent)
  4. Cause in fact
    act or ommision is cause in fact when injury would not have occurred but for the act. applies where several acts combine to cause injury, but none standing alone would have been sufficient. 
  5. prox cause
    def generally liable for all harmful results that are the normal incidents of and within the increase risk caused by his acts. where there is uninterrupted chain of events, def liable for all foreseeable harmful results. def not liable if unforseeable not within risk created by def neg. 

    Subsequent med mal is almost always foreseeable, therefor it  can be satisfied
  6. intoxication
    in personal injury aciton, co mplete defense that person jury was drunk as long as intoxication was prox cause and drunk person was more than 50 percent at fault.
  7. comparative fault
    not a bar, just reduces the amount of damages. 
  8. Doc duty of care
    required to exercise degree of care, skill, and learning expected of reasonably prudent health care provider in the profession or class to which he belongs, in the state of WA, acting in the same or similar circumstances. 
  9. Damages?
    •  medical expenses
    • lost earnings
    • limited amounts for pain/suffering
    • impaired future earnings

    if two or more def, each jointly and severally liable for whole amount. ONLY if no contributory fault on pltfs part. 
  10. Damages - SP or CP?
    pain suffering = SP. Loss of consortium award on one spouse = SP. Rest is CP. 
  11. Misrep/fraud
    C and C evidence that def made intentional misrep of false material fact, induced justifiable reliance by plf, and resulted in pltfs injury. 
  12. false imprisonment
    def restrains in bound area. must result in physical barriers, physical force, direct threats of force, failure to provide means of escape, or an invalid use of legal authority.

    pltf aware of confinement or it harmed them, no means for escape. 
  13. trespass to chattels
    when def uses or intermeddles with the property of pltf dening pltf use of property. Minor deprivation or destruction. 
  14. Conversion
    more than trespass to chattels. must be major damage. 
  15. trespass to land
    when def commits physical invasion of land owned or controlled by pltf. 
  16. assault
    intentional act by def placing pltf in reasonable apprehension in th epltf of immediate harmful or offensive contact. 
  17. battery
    on offensive or harmful contact done intentionally
  18. defamation
    is false and defamatory statement, about pltf, published to a third party resulting in damage to pltfs reputation, and def was neg in makin gthe statement
  19. publication of facts placing pltf in false light
    when one attributes pltfs views he doesnt hold or actiosn didnt take. must be something objectionabl eto reasonable person, under the circumstances. For liability, must have been publicity. If matter of public concern, must show malice. 
  20. violation of statutory standard
    breach of duty imposed by statute ordinance or admin rule is merel prima facie evidence of neg to be considered by the trier of fact. For it to be applicable, have to show hw is in the class of persons intended to be protected by the statute, and that ststute was desigend to prevent type of harm that pltf suffered
  21. vicarious liability
    employer will be for torts commited in it occurs within scope of employment even if minor detour but not a major, frolic, detour. 
  22. community liability?
    if committed in the course of managing community prop or during an activity performed for benefit of the community, will be community liability. CL will be imposed where community ;prop is reaspnsible for the damage even if neither spouse has acted directly. 
  23. wild animals -- SL
    owner strictly liable for injuries caused by wild animals. SL is gen not imposed in favor of trespassers. 
  24. abnormally dangerous activity
    SL for any harm caused by engaging in activity that is inherently dangerous, that harm cannot be reduced, and it is unusal activity in community. 
  25. Res Ispa Loquitur
    when accident occurs that normally wouldnt occur without neg, and condition or instumentality that caused pltfs harm was under defs control, presumption of neg arises. 
  26. IIED
    intentional infliction of mental destress when extreme and outrageous conduct on part of def that causes pltf to suffer severe emotional distress. Would be outragous to resonable person, or knows of pltf vulnerability
  27. defamation - private vs public
    private onyl requires neg while public requires malice = actual knowledge or reckless disregard

    truth is a defense to defamation
  28. intentional interference with biz relationship
    existence of valid K relationship between pltf and third party, or a vlaid business expectancy by the pltf, defs knowledge of it, intentional interference bu def inducing breach or termination of the relationship or expectancy, and damages
  29. transferred intent
    defs intent transfered when intends to batter, assault, falsely imprison, or inflict distress on one person, but instead does it to another.