keywords:
Bookmark and Share



Front Back
3 Principle areas of Tort
Intentional
Strict Liability
Negligence
Intentional
Assault, battery, false imprisonment, Intentional Infliction of Emotional Distress (IIED), defamation, conversion invasion of right to privacy
Strict Liability
Products Liability, Ultra-Hazardous Acts, wild animals
Negligence
Res Ipsa Loquitor, per se, causation (cause/fact, proximate), trespass, nuisance
Assault
Apprehension of imminent battery
Battery
Harmful/Offensive touching w/o consent
  • harmful/offensive touching?
  • consent?
  • If so, did conduct exceed scope of consent?
False Imprisonment
  • act by Δ
  • intended to confine ∏ w/in fixed boundaries
  • ∏ must be: conscious OR harmed by it
Intentional Infliction of Emotional Distress (IIED)
  • Intent
  • extreme/outrageous conduct
  • causation
  • severe emotional distress
Trespass to Land
Elements
  • unlawful entry to land
  • in possession of another
Tresspass to Land: Defense of Necessity
Elements
  • Harm, creating
  • necessity to enter land
  • can still recover for damages to land
Conversion
Elements
  • Serious interference
  • w/personal property interest
Damages for conversion
  • full value of chattel
Trespass to Chattel
Elements
  • Minor interfence
  • w/personal property interest
Negligence
  • Δ's conduct measured against reasonable ordinary evidence
  • what defendant knew is irrelevant
Negligence: Duty to Aid (w/exceptions)
-No duty to aid stranger in peril
-Exceptions:
  • Δ places them in peril
  • Family Relations (mom to kid, H/W, W/H)
  • K'l duty (ex. lifeguard)
  • Start to save, must finish
Respondiat Superior
ER's responsible for EE's acts:
  • ER strictly liable for negligence of EE
  • ER NOT liable for intentional acts unless: ER authorizes conduct; physical violence inherent in nature of job (ex. security guard)
Duty to Warn: Trespassers/Licensees
Trespassers
  • no duty to warn, unless:
  • dangerous artificial condition
Licensees
  • dangerous natural condition
  • ONLY IF: owner knows about it; creates an unreasonable risk of harm; licensee not likely to see
No duty to inspect; no duty to repair
Pure Contributory Negligence
Joint/Several
  • 2 or more tortious actors
  • combine to cause injury to an individual
  • each tortfeasor liable for whole amount
Contributory Negligence
Pure CN (always apply unless Q says otherwise):
  • relative % of fault on ∏'s part
  • subtract from 100%
  • Δ can be liable for all
Modified CN:
  • ∏ can recover so long as less at fault than Δ (less than 49%)
-Intentional Conduct (reckless, wanton) will outweigh negligence
Product Liability (need more)
Negligence in design theory of recovery
Adequate Warnings Defense
Manufacturer knows that there is a common misuse for the product: need a significant/adequate warning
Strict Liability
Product is an unreasonable danger to consumer

Divisible Injury-manufacturer only liable for responsible injuries from product
Ultra-Hazardous Activity
Held to a higher standard if specific damage occurs (ex. dynamite exploding)
Defamation
Knowing or Reckless disregard for the truth

Public defamation-malice

private person-negligence
Unauthorized Commercial Appropriation
  • Appropriation-use name/likeness to advantage w/o consent
  • False Libel
  • Public disclosure of private facts
  • Intrusion on seclusion/solitude
Nuisance
Private Nuisance
  • substantial and unreasonable interference
  • w/use and enjoyment of property
x of y cards