Term
|
Definition
Provide Resolution
Deterrence
Encourage Socially responsible behavior
Compensate injured party
Not to punish - restore rights of injured vitctim |
|
|
Term
|
Definition
Objective
Action done with purpose or substantial certainty of a particular result
Intent
Substantial Certainty
Particular Outcome
Mistake is still intent |
|
|
Term
|
Definition
Knowledge and Appreciation of a Risk
Garret v. Dailey
"Unsolicited Hug" |
|
|
Term
|
Definition
If a person intends to harm he is liable regardless if person harmed was intended target or not
Rock throwing shed case |
|
|
Term
|
Definition
Intent
Harm or Offense -(imminent apprehension)
Direct or Indirect Contact Occurs |
|
|
Term
| Offensive Contact (vs Harmful) |
|
Definition
| Offends sense of personal dignity |
|
|
Term
|
Definition
| Reasonably necessary contact in everyday life is inevitable and must be accepted |
|
|
Term
|
Definition
| liable even when injuries are more extensive than a reasonable person might have anticipated such as preexisting conditions |
|
|
Term
|
Definition
| Company is liable for torts of its employees within the scope of their employment |
|
|
Term
|
Definition
Intent
Imminent Apprehension
Apparent Ability not Actual |
|
|
Term
|
Definition
Intent to Confine
Fixed Boundaries
Indirect or Direct Confinement
Conscious |
|
|
Term
|
Definition
| Unreasonable if person's dignity cannot remain intact |
|
|
Term
|
Definition
Physical Force
Duress
Threat
Asserted Legal Authority |
|
|
Term
|
Definition
Shopkeeper has a privilege to detain reasonably suspected of theft, but he may be liable for false imprisonment if there was no theft.
Extends to immediate vicinity -recovery of property
Time - Place |
|
|
Term
|
Definition
|
|
Term
|
Definition
Actions exceeding all bounds usually tolerated by society
Knowledge of Vulnerability |
|
|
Term
|
Definition
Malicious prosecution
Abuse of Process |
|
|
Term
|
Definition
Right to exclusive possession of one's land
Intent
Physical Invasion - (remains or fails to remove to)
Nominal Damages awarded |
|
|
Term
| Limitations on Privileged Entry to Land |
|
Definition
|
|
Term
|
Definition
| Unless it interferes substantially with the use of the land, there is no trepass above |
|
|
Term
|
Definition
Plaintiff remains owner, with possession merely interuppted
Damage
Deprivation
Take away dominion and control |
|
|
Term
| Conversion Factors: Seriousness of Interference |
|
Definition
Duration
Good Faith
Inconsistent Intent with Owner's Rights
Harm
Inconvenience & expense |
|
|
Term
|
Definition
Intent
Dominon and Control
Serious Interference
Full Damages - market value |
|
|
Term
|
Definition
MisDelivery
Using
Receiving
Disposing
Acquiring - stealing
Refusing to Surrender
Damaging/Altering |
|
|
Term
|
Definition
An innocent converter will still be liable because legal title does not pass and true owner can recover full damages
UNLESS Fraudulent conversion |
|
|
Term
|
Definition
Reduced damages when owner accepts return
Forced Sale |
|
|
Term
|
Definition
Consent
Self Defense
Defense of Others
Defense of Property
Recovery of Property
Justification
Discipline
Necessity
Authority of Law |
|
|
Term
|
Definition
Express or Implied
Defendant not liable if plaintiff's actions were such to indicate consent regardless of unexpressed feelings
Illegal Act - no recovery |
|
|
Term
|
Definition
Consent induced by fraud is not valid consent
- DeMay (doctor with friend) |
|
|
Term
|
Definition
When actor reasonably believes he's under attack, may use reasonable force to defend oneself
Necessity of Retreat |
|
|
Term
|
Definition
| Restatement: may stand his ground and use deadly force if there is slightest reasonable doubt of safe retreat |
|
|
Term
|
Definition
Reasonable Force
Other has right to defend
Necessary |
|
|
Term
|
Definition
| Reasonable force under the circumstances to defend their property against unlawful intrusions |
|
|
Term
|
Definition
One has right to retake property as long as it can be done without unreasonable force to person
Fresh Pursuit - force
Demand |
|
|
Term
|
Definition
|
|
Term
|
Definition
Good Faith
Apparent - if apparent at time, the harm need not materialize
Imminent Danger - Public Necessity
Unjust Enrichment
Eminent Domain |
|
|
Term
|
Definition
| A person must compensate plaintiff even when trespass was privileged |
|
|
Term
|
Definition
Acting under legal command
Reasonable Force
Police v. Citizen |
|
|
Term
|
Definition
Parent and Child
Permission to reasonably restrain to prevent tortious conduct or discipline
May extend to other |
|
|
Term
|
Definition
Duty to Protect
Extent and Duration
Lack of Alternatives
Sindle
Reasonable restraint or detention undertaken with the aim of preventing another from inflicting personal injury or damaging property is not unlawful |
|
|
Term
|
Definition
| When a person owes a duty, breach that duty resulting in injury that is caused in fact and proximately by action |
|
|
Term
|
Definition
Use reasonable care for protection of others against unreasonable risks
Special Relationships
Last Clear Chance
Cardozo |
|
|
Term
|
Definition
Reasonable Prudent Person
Objective Standard
Standard of Care
Foreseeability C
Carelessness per se
Res Ipsa Loquitur
Wilfull, wanton
BLP |
|
|
Term
|
Definition
But For
Substantial Factor (Multiple, Independent cause)
Alternative Cause (multiple D's Single cause) |
|
|
Term
|
Definition
Foreseeability
Intervening Forces
Andrews
Cardozo
Polemis |
|
|
Term
|
Definition
Assumption of Risk
Contributory Negligence
Strict Liability |
|
|
Term
|
Definition
Publication to 3rd Person
Defamatory to P
False and Malicious
Causation
Damages |
|
|
Term
|
Definition
BLP - public good
Cardozo
Andrews
Polemis |
|
|
Term
| Reasonable Prudent Person |
|
Definition
| Liability of negligence does not co-exist with judgment of each individual |
|
|
Term
|
Definition
Ordinary Care
Custom
Emergency
Disability
Children
Mental Illness
Knowledge and Skills
Common Carriers
Professional |
|
|
Term
|
Definition
| Adherence to accepted custom is evidence of reasonable care but not conclusive. If custom is dangerous then it's still unreasonable |
|
|
Term
|
Definition
Lower standard of care: When a person is confronted with an emergency, must expect them to use reasonable care that reasonable person would use in emergency
Unforeseen
Unexpected
Sudden |
|
|
Term
|
Definition
| Conduct must conform to the reasonably care person with the same disability |
|
|
Term
|
Definition
Age
Experience
Intelligence
Adult Activities Exception |
|
|
Term
|
Definition
Ability to Understand
Ability to Control
Absence of Notice
Preexisting, permanent insanity not usually a defense |
|
|
Term
|
Definition
|
|
Term
| Professional Standard of Care |
|
Definition
A person who engages in business, occupation or profession must exercise the requisite degree of learning, skill, ability of that calling with reasonable and ordinary care when practicing in that field
Expert witness |
|
|
Term
|
Definition
Possession of Knowledge or Skill
Exercise of Best Judgment
Use of Due Care
Initial recovery required to recover |
|
|
Term
|
Definition
| Average member of profession in good standing in similar community which he practices |
|
|
Term
| Can't Assume Medical Malpractice |
|
Definition
Unsuccessful
Error in Judgment
Different physician |
|
|
Term
|
Definition
| National board Speciality |
|
|
Term
|
Definition
| National board Speciality |
|
|
Term
|
Definition
| National board Speciality |
|
|
Term
|
Definition
Reasonable Patient
Reasonable Doctor
Idiosyncratic Patient |
|
|
Term
| Battery: Informed Consent |
|
Definition
| If treatment is completely unauthorized and performed without any consent at all |
|
|
Term
| Defenses to Informed Consent |
|
Definition
Obvious
Detrimental
Emergency |
|
|
Term
| Informed Consent: Patient Ability to Recover |
|
Definition
Nondisclosure of Material Risks
Time of Decision
Injury Occured |
|
|
Term
|
Definition
| An actor is negligent if without excuse the actor violates a statute that is designed to protect against the type of accident the actor's conduct causes, and if the accident victim is within the class of persons the statute is designed to protect. |
|
|
Term
| Excused Violation of Statute |
|
Definition
Actor's Incapacity
Neither knows or should know
Unable after reasonable care
Emergency
Greater risk of harm to comply |
|
|
Term
|
Definition
| Must show that action couldn't have in occurred in the ordinary course of events without negligence, that ability to prevent negligence was under exclusive control of the defendant. However, the plaintiff does not have to eliminate all other possible causes |
|
|
Term
| Effects of Res Ipsa Loquitur |
|
Definition
Inference
Rebuttable Presumption
Shifts Burden of P roof to D |
|
|
Term
|
Definition
An act or omission to act is the cause in fact of an injury when the injury would not have occurred but for that act
Concurrent causes |
|
|
Term
|
Definition
When several factors bring an injury and any one alone would have been sufficient to cause injury, it is sufficient that D's conduct was a "substantial factor" in causing
Joint Causes - Indivisible |
|
|
Term
|
Definition
Possibility not enough
requires proof
Loss of Chance |
|
|
Term
|
Definition
Extraordinary under Circumstances
Unforeseen
Independent
Anything can be foreseeable if negligent act made it that way |
|
|
Term
|
Definition
| Consequence that occurs in the natural and continuous sequence of events, unbroken by a superseding cause, that results in the injury complained of and would not have occurred without |
|
|
Term
|
Definition
| When the nearest cause is too far remote, the actor will not be liable for the injury, unless it was foreseeable |
|
|
Term
| Polemis: Direct Consequence |
|
Definition
| An actor is liable for the consquence, regardless of how unforeseeable it may be, if it is a direct consequence of the action. A direct consequence is one that occurs in the unbroken sequence of events resulting in the injury |
|
|
Term
| Wagon Mound 1 Argument: Foreseeability |
|
Definition
| An act of slight negligence that results in a trivial damage does not make the actor liable for all consequences, however grave. |
|
|
Term
|
Definition
The precise manner that an injury occurs is immaterial when the reasonable person would have foreseen the result or a result of greater magnitude.
Regardless of how small the probability, the consequences were large and the reasonable engineer should have taken precautions |
|
|
Term
|
Definition
| The risks to be perceived defines the duty. There is no duty if the plaintiff is not foreseeable from the point of the defendant's conduct and only liable to those within the zone of danger |
|
|
Term
|
Definition
| A duty to act with reasonable care to protect those in the world around you. An actor is liable not just for the foreseeable consequences of his conduct but the actual consequences |
|
|
Term
|
Definition
Suicide is usually thought of as voluntary, superseding act
But if it's
Impulse
Sudden Frenzy |
|
|
Term
|
Definition
Tortfeasor owes a duty to those he imperils and those who attempt to rescue.
Plaintiff saw Defendant roll car over and was hit helping |
|
|
Term
|
Definition
Person in peril is apparent to rescuer
Appearance of imminent danger
Rescuer uses reasonable care
reasonable person would conclude person in danger |
|
|
Term
|
Definition
Failure of an actor to intervene, even when they have a duty, will not absolve original tortfeasor of liability to 3rd party
Except in very few cases - gun child |
|
|
Term
|
Definition
Response to Contributory negligence
Defendant is liable if he had the last opportunity to avoid the accident after the plaintiff was no longer able to (helpless or inattentive plaintiff - not intentional acts) |
|
|
Term
| Duty to Control 3rd Person |
|
Definition
|
|
Term
| Duty to 3P: Particularized Foreseeability |
|
Definition
Duty If:
speal reason to know
particular knowledge
particular injury
particular plaintiff |
|
|
Term
|
Definition
Specific Victim
Likely to Materialize |
|
|
Term
| Negligent Infliction of Emotional Distress |
|
Definition
Severe compared to reasonable person
Physical Symptoms
Result of Negligent Act |
|
|
Term
| NEID: Fear of Dying/Illness |
|
Definition
Genuine and Severe
Reasonably Related
Actual Exposure or Knowledge Available about Disease |
|
|
Term
|
Definition
Closely Related
Severe Distress
Present At Scene
Aware of Injury at Time
Variesss |
|
|
Term
|
Definition
Allowed to recover almost all damages
Damages resulting from an invasion of one's interest are not diminished by showing another interest benefitted |
|
|
Term
|
Definition
| If defendant would have been liable for negligence to the plaintiff had he lived -- decedent can bring |
|
|
Term
|
Definition
| Extraordinary Expenses Only (usually) |
|
|
Term
| Premises Reasonable Care Standard |
|
Definition
Most conditions NO DUTY
Depends on where you are: trees, artificial land |
|
|
Term
|
Definition
|
|
