The flashcards below were created by user
on FreezingBlue Flashcards.
Invasion of Privacy (4) Branches
(1) appropriation of the P's picture or name for the D's commercial advantage;
(2) intrusion upon P's affairs or seclusion;
(3) publication of facts that place P in a false light; and
(4) public disclosure of private facts.
Invasion of Privacy-Appropriation of the P's Picture or Name for the D's commercial advantage
P must prove:
(1) unauthorized use by D of the P's picture or name for the D's commercial advantage
*generally, liability=limited to the use of the P's picture or name in the connection with the promotion or advertisement of a product or service.
*mistake (even if reasonable) as to whether consent was given is not a valid defense
Invasion of Privacy (public figure status)
(e.g., publication of facts placing the P in a false light & public disclosure of private facts about P)
*if public matter was of legit public ineterest. If so, the P would have to est that the D acted with malice (i.e., with knowledge or faslity of reckless disregard for the truth)
Duty of Care to Child (Attractive Nuisance Doctrine)
Most courts impose upon a landowner the duty to exercise ordinary care to avoid reasonably foreseeable risk of harm to children caused by artificial conditions on his ppty.
P must show:
(1) there is a dangerous condition prsent on the land of which the owner is or should be aware;
(2) the owner knows or should know that young persons frequent the vicinity of this dangerous condition;
(3) the condition is likely to cause injury (i.e., is dangerous) because of the child's inability to appreciate the risk; and
(4) the expense of remedying the situation is slight compared with magnitude of the risk.
Avoidable Consequences Rule
A P has a duty to take reasonable steps to mitigate damages.
In personal injury cases, there is a duty to seek appropriate treatment to effect healing and to prevent aggravation.
Failure to do so will preclude recovery for any particular item of injury that occurs or is aggravated due to the failure to mitigate.
EXCEPTION: In actions against a 3P, a parent's negligence is not imputed to the child.
"Eggshell Skull Plaintiff"
"taking your victim as you find him"
This concept refers to the physical or mental condition of the V at the time of the injury.
BUT, it does not cover the V's relationship to others and their attitudes or actions.
One from whom contribution is sought or against whom indemnity is sought must be originally liable to the P.
Contribution: allows a D who is required to pay more than his share of damages to have a claim against other jointly liable parties for the excess.
Indemnity: involves shifting the entire loss between or among tortfeasors.
Assumption of Risk
is a valid defense to a products liability action based on strict liability.
to have assumed the risk (expressly or impliedly) the P must have knwn the risk and voluntarily assumed it.
Strict Products Liability
(1) strict duty owed by a commercial supplier
(2) production or sale of a defective product
(3) actual and proximate cause
Strict Products Liability
* P need not prove that the D was at fault in selling or producing a defective product--only that the product is defective
*element of negligence need not be proved
*the absence of negligence will not est that the D is not liable