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Torts

Terms in this set (37)

Specific Intent
Acting with the purpose of causing the basis of the tort
General Intent
Acting with substantial certainty the basis of the tort will result from that action
Trespassory Torts
Assault
Battery
False Imprisonment
Trespass to Chattels
Trespass to Land
Assault
Intent
Reasonable apprehension of imminent harmful or offensive contact
Causation
Battery
Intent
Harmful or offensive contact
Causation
False Imprisonment
Intent
Restrained/confined to a bounded area
Causation
Awareness
IIED
Intent
Extreme or outrageous conduct
Sever mental distress
Causation
Damages
Trespass to Chattel
Intent
Interference with personal property
Possessed by another
Causation
Damages
Trespass to land
Intent
Entry upon land
Possessed by another
Causation
Conversion
Intent
Interference with personal property
Owned by another
Causation
Damages
Trespass to Chattel v. Conversion
TTC: dispossession, damage, loss of use for some appreciable amount of time
Conversion: substantial enough damage to force a sale
Privileges to Intentional Torts
Consent
Self defense
Defense of others
Defense of property
Recovery of property
Necessity
Privilege of justification
Negligence
Duty
Breach
Proximate cause
Damages
Proximate Cause
Stops the butterfly effect
Defendant only responsible for injuries emanating from the particular risk that gave rise to a duty of care
Liability for foreseeable risk; however, remember that you take the plaintiff as they are
Negligence Per Se
Is there an applicable statute that prohibits some conduct?
Is P within the class of persons the statute intended to protect?
Is harm within the type of harm the statute was promulgated to protect against?
If there is an applicable statute and both B and C are satisfied, is there an applicable excuse?
Res Ipsa Loquitur
The thing speaks for itself
Establishes breach
Joint Tortfeasors
Two defendants agree to commit a tort or one aids or encourages the other to commit a tort
Duty Off Land (Natural)
Tree - known defect - reasonable care
Tree - unknown defect - urban - inspection
Tree - unknown defect - rural - no duty
Duty Off Land (Artificial)
Reasonable care
Duty: Trespasser
no duty - exception: known trespasser; duty of reasonable care of activities and duty to warn of concealed artificial conditions that the owner is aware of but that the trespasser could not reasonably discover and can cause serious injury
Duty: Licensee
duty of reasonable care for activities and duty to warn of concealed artificial conditions that the owner is aware of but that the licensee could not reasonably discover and can cause serious injury
Duty: Invitee
highest duty of reasonable care and duty to inspect and to make it safe or warn if expense is too great
Contributory Negligence
The plaintiff's conduct falls below the standard of care a reasonable person would exercise in looking out for himself and that lack of care is an actual and proximate contributing cause of the plaintiff's injuries
Comparative Fault
The Plaintiff's contribution of fault does not bar recovery; it is just compared with the fault of the Defendant.
Each party will bear the cost for the portion of the damages that his or her negligence actually caused
Respondeat Superior
A doctrine under which a principal or an employer is held liable for the wrongful acts committed by agents or employees while acting within the course and scope of their agency or employment.
Strict Liability
liability without fault
Defamation
The defendant published
Defamatory material
Of and concerning the plaintiff
Which caused damages
Libel
Written defamation, presumed damages
Slander
Oral defamation, special damages
Special Damages
A form of compensatory damages that awards a sum of money for specific, identifiable expenses associated with the injured person's loss, such as medical expenses or lost wages.
Slander Per Se
(1) Imputations of major crime
(2) Loathsome Disease
(3) Business, trade, or profession - conduct incompatible.
(4) Serious sexual misconduct
*Do not have to prove special damages to recover*
Libel Per Quod
words, expressions, and statements that, at face value, seem to be innocent and not injurious but that may be considered defamatory in their actual context
Public Officials (Defamation)
Must prove actual malice
Elected, high level, appointed officials
Candidates for office
All Purpose Public Figures
Must prove actual malice
Somebody who has received perversive fame and notoriety
Ex. Kardashians
Limited Purpose Public Figures
Must prove actual malice
Limited notoriety to a field
Ex. Greta Thunberg
Absolute Privileges to Defamation
Judicial
Legislative
Executive
Consent
Husband and wife conversations
Statements required to be published by statute
Conditional Privileges to Defamation
Defendant must believe statement is true
Speaker and listener have a mutual interest in it
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