Details Title: Bar Secrets Torts Description: Torts Total Flash Cards: 33 Created: 06/28/2009 16:09:58		New Users: To study from this flashcard set, or to create your own your own study flash cards, REGISTER HERE. Existing Users: CLICK HERE. Additional Law Flashcards
Cards in this set: Term Assault Definition act with intent to cause reasonable apprehension of imminent harmful or offesnsive touching. Term Battery Definition intentional harmful or offensive touching of another without consent. Term False Imprisonment Definition Intentional physical or pyschological confinement of another within fixed boundaries. Term IIED Definition Conduct of an extreme and outrageous nature calucated to cause and does cause sever emotional distress. Term Trespass to land Definition intentional entry upon land in possession of another without consent Term Trespass to chattel Definition intentional interference with chattel in possesion of another. Term Conversion Definition Intentional exercise of dominion or control over chattel of another without consent. Term Defamation Definition Defamatory statements of or concerning the plaintiff published to a third party which results in damage. Term Public Figure Definition a person who achieves pervasive fame or who voluntarily assumes a central role in a particular controversy. Term False Light Definition Attributing to the plaintiff views he does not have or actions he did not take. Term NIED Definition Duty to avoid causing emotional distress: Duty is breached when the defendant creates a forseeable risk of physical injury through impact or threat of impact. Term Proximate Cause Definition GR: defendant is liable for all forseeable harmful results of his conduct. Term Comparative Fault Definition Compare the negligence of Defendant and Plaintiff Term Animals (strict liability) Definition GR: an owner or keeper of wild animals will be strictly liable for any harm caused by the animals dangerous propensities. Term Ultrahazardous Definition GR: one who maintains an abnormally dangerous activity may be liable despite exercise of reasonable care. Term Respondeat Superior Definition Master is vicariously liable for torts of servant that occur within the course and scope of employment. Term Independent Contract Definition Principal will not be liable for torts of agent if agent is an independent contractor. (unless inherently dangerous activity or non delegable duty) Term Non delegable duty Definition responsibilites so important that an employer should not be permitted to transfer the duty to another. Term Joint Activity Definition Each member of a joint venture or partnership is vicariously liable for the torts of another member committed with in the scope of the relationship Term Auto Definition not vicariously liable for another driving his auto Term Parent-Child Definition Not liable for torts of children unless there is negligent entrustment, child as agent or child is of known dangerous propensities. Term Products Liability Definition products liability refers to a commercial seller who supplies a defective product that causes personal injury or property damage. Term SL in Tort Definition GR: a commerical seller who places a defective product in the stream of commerce is strictly liable in tort for injuries to person or property caused by a forseeable use of the product. Term Merchantability Definition Implied warranty that goods are of fair and average quality; fit for ordinary purpose. Term Intended use Definition Implied warranty that product must be fit for its intended purpose; buyer must rely on seller's reccomendation. Term Express warranty Definition Statement of fact or promise by a commercial seller creates an express warranty that becomes part of the basis of the bargain. Term Misrepresentation (products) Definition commercial seller is liable for misrepresentation of material fact. Term Intent Theory (products) Definition commercial seller is liable for injuries caused by an unsafe product if defendant intended the consequences. Term Nuisance Definition substantial, unreasonable intereference with antoher's use and enjoyment of property. Term Intentional Misrepresentation Definition misrepresentation of material fact made knowingly with intent to induce plaintiff's reliance causing plaintiff to justifiably rely to his detriment. Term Negligent misrepresentation Definition false material misrepresentation of fact made with lack of due care intended to induce reliance to proximately cause plaintiff's damage. Term Malicious prosecution Definition initiation of criminal proceedings against plaintiff which terminate in plaintiff's favor and for which there was no probable cause and an improper purpose resulting in damage to plaintiff. Term Abuse of process Definition use of criminal or civil process for a purpose for which it was not intendend. Must be intentional misuse for an ulterior purpose calucalted to cause damage.