Term
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Definition
| Act by D; Intent; Causation |
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Term
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Definition
| Intent to cause a Harmful/Offensive Conduct to Plaintiffs person and actually cause such conduct. |
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Term
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Definition
| An act by D causing a reas apprehension in P; of immediate harmful or offensive conduct to P's person; with intent; and causation. |
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Term
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Definition
| An act or omission on the part of D that confines or restrains P to a bounded area; with intent and causation. |
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Term
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Definition
| An act by D amounting to extreme and outrageous conduct; intent or recklessness; causation and damages - i.e. severe emotional distress. |
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Term
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Definition
| Physical Invasion of P's real property; with intent and causation |
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Term
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Definition
| An act by D that interferes with P's right of possession in a chattel; intent; causation; damages - i.e. the deprivation of property, repair value is recoverable. |
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Term
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Definition
| An act by D that interferes with P's right of possession in a chattel; the interference is so severe that it warrants requiring D to pay the chattel's FMV at time of taking; with intent and causation. |
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Term
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Definition
| Consent: Express Consent, Implied Consent, Capacity to consent, and look for exceeding consent given. Self-Defense: Self, Property, Others. Privilege of Arrest: Invasion of land, Misdemeanor witnessed by D, and felony as long as they know it occurred and reas mistake is allowed as to identity. Necessity: public or private. |
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Term
| Harm to Economic and Dignitary Interests |
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Definition
| Defamation; Invasion of Right to Privacy; Misrepresentation; Interference with Business Relations; Wrongful Institution of Legal Proceedings. |
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Term
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Definition
| Defamatory Language; Of or concerning the P; publication thereof by D to a 3rd person; and damage to P's reputation. |
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Term
| Defamation involving matters of public concern - Con Law |
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Definition
| Defamatory Language; Of or concerning the P; publication thereof by D to a 3rd person; and damage to P's reputation. In addition, P must prove falsity of the defamatory language; and fault on the part of D. |
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Term
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Definition
| Consent; Truth; Absolute Privilege; Mitigating factors (no malice, retraction, anger). |
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Term
| Invasion to Right to Privacy |
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Definition
| Appropriation of P's picture or name for commercial purposes; intrusion on P's affairs or seclusion; publication of facts placing P in false light; public disclosure about private facts of P. Requires no proof of special damages. |
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Term
| Defenses to Invasion of Privacy |
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Definition
| Consent; Truth; Absolute Privilege; Mitigating factors (no malice, retraction, anger). In addition truth is generally not a good defense; neither is inadvertence, good faith, or lack of malice. |
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Term
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Definition
| Intentional or Negligent. Intentional requires fraud or deceit. Negligent is a breach of a duty owed and misrepresentation in a business or professional capacity. |
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Term
| Negligence Prima Facie Case |
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Definition
| Duty to conform to a specific standard of conduct for the protection of P against an unread risk of injury; Breach; Actual and Proximate Cause; and Damage. |
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Term
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Definition
| A duty is owed to all foreseeable plaintiffs and that duty is determined by the applicable standard in the case. Ask: Was the P foreseeable? If so, what is the applicable standard of care? |
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Term
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Definition
| Reasonable Person, Professionals, Children, Common carriers and innkeepers, Automobile driver to guest; Bailment duties; Emergency situations not of D's own making; duty of possessor to those off premises; duty of possessor to those on premises; duty owed to licensees; duty to invitees; duty owed to users of recreational land; duty of lessor and lessee of realty; Statutory Standards of Care; Duty regarding NIED. |
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Term
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Definition
| In a bailment relationship the bailor transfers to the bailee possession of the chattel but not title; Duties owed to bailee: if for sole benefit of bailor then low std; if for sole benefit of bailee then high std; for mutual benefit then ordinary care std. Duties owed by bailor: for sole benefit of bailee bailment, the bailor must inform the bailee of known dangerous defects in chattel. Bailment for hire: the bailor must inform of defects that he should or is aware of. |
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Term
| Duty of Possessor to those Off Premises |
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Definition
| no duty for natural conditions but there is a duty for unread dangerous artificial conditions or structures abutting adjacent land. If a tree branch falls and lands off premises in an urban area, the owner/occupier is liable for damage. |
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Term
| Duty of Possessor to those ON premises - Trespassers |
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Definition
| Trespassers: Undiscovered - no duty. Discovered/anticipated - L must warn of or make safe concealed, unsafe, artificial conditions known to L involving the risk of death or serious bodily harm and use reas care in re: active operations on property. |
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Term
| Duty of Possessor to those ON premises - Licensees |
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Definition
| Duty to warn of dangerous conditions known to the owner that create an unread risk of harm to the licensee and that the licensee is unlikely to discover and exercise reas care in active operations. No duty to respect or repair. |
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Term
| Duty of Possessor to those ON premises - Invitees |
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Definition
| Duty to warn plus a duty to make reas inspections to discover nonobvious conditions and make them safe. |
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Term
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Definition
| Arises when: Assumption of Duty; Duty arising because d caused the peril; Duty bc of special relationship; duty to control 3rd persons. |
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Term
| Res Ipsa Loquitur and D making a motion for A directed verdict |
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Definition
| the motion will be denied if P has est. res Ipsa L or presented some evidence of a breach of duty. The motion will be granted if P has failed to est. RIL and failed to present some evidence of breach. |
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Term
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Definition
| Cause in fact. But for tests. Also joint causes - substantial factor test and alternative causes approach. |
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Term
| Proximate Cause, i.e. legal causation |
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Definition
| Limitation of liability. A D is generally liable for all harmful results that are normal incidents of and within the increased risk caused by his acts - this is the foreseeability test. |
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Term
| Indirect Cause Liability - proximate cause subset |
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Definition
| foreseeable result caused by foreseeable intervening forces - D is liable. Independent intervening forces include negligent acts of 3rd persons - often drs in hypos, crimes/IT of 3rd persons, and acts of God. |
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Term
| Damages in Negligence Actions |
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Definition
| an Essential element. No nominal damages (i.e. not presumed). |
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Term
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Definition
| Contributory Negligence with the exception of the last clear chance doctrine; Assumption of Risk - implied or express; Comparative Negligence (partial, bars P's recovery if his neg was more serious than D's and Pure which allows recovery despite the level of p's negligence. |
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Term
| Strict Liability - Liability without fault |
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Definition
| The nature of D's activity imposes an absolute duty to make safe; the dangerous aspect of the activity was the actual and proximate cause of P's injury; and the P suffered damage to person or property. |
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Term
| Abnormally Dangerous Activities |
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Definition
| 2 req'ts: the activity must create a foreseeable risk of serious harm even when reas care is exercised by all actors; and the activity is not a matter of common usage in the community. |
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Term
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Definition
| 5 theories of liability: intent; negligence; strict liability; implied warranties of merchantability and fitness for a particular purpose; and representation theories (express warranty and misrepresentation). Common elements that a P must show are: a defect and existence of the defect when the product left the d's control. |
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Term
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Definition
| Manufacturing, Design and Inadequate Warnings |
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Term
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Definition
| D will be liable if P can show that the product failed to perform as safely as an ordinary consumer would expect. |
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Term
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Definition
| P usually must show that the D could have made the product safer, without serious impact on product's price or utility. |
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Term
| Liability based on Intent - PL |
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Definition
| D will be liable to anyone injured by an unsafe product if D intended the consequences or knew that they were substantially certain to occur. Not common. |
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Term
| Liability based on Negligence - PL |
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Definition
| Pfcase is same as negligence. Duty is owed to any foreseeable P - users, consumers, bystanders. Commercial suppliers such as manufactures, wholesalers, and retailers can be liable. Breach is shown by negligent conduct of D leading to the supplying of a defective product. Sole claim cannot be economic loss. |
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Term
| Liability based on Strict Liability |
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Definition
| strict duty owed by a commercial supplier of a product; production or sale of a defective product; actual and proximate cause; damages. D has duty to supply safe products and the defect must have existed when it left D's control. |
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Term
| implied warranties of merchantability and fitness for a particular purpose. |
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Definition
| merchantability refers to whether good are of average acceptable quality and are generally fit for the ordinary purpose for which goods are used. FPP arises when seller knows or should know that the PP for which the goods are required and that the buyer is relying on the seller's skill and judgment in selecting goods. Personal injury, property and pure economic loss are all recoverable. |
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Term
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Definition
| a substantial, unread interference with another's use or enjoyment of property that he actually possess. Look for the word Substantial or unreasonable interference on MBE questions. |
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Term
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Definition
| an act that unread interferes with health, safety or property rights of the community - i.e. using a building for criminal activities like prostitution. |
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Term
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Definition
| Liability that is derivatively imposed: Respondeat Superior (scope of employment); a Principle is generally not liable for ind contractors torts unless it is an inherently dangerous activity or duty is nondelegable due to public policy - i.e. duty of care in building fence around excavation site. |
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Term
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Definition
| Generally the bailor is not Vicariously liable for tortious conduct of bailee. Bailor might be liable for her own negligence in entrusting the bailed object and this is not a subset of vicarious liability. |
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