Term
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Definition
| Intentional, Negligent, Strictly Liable |
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Term
| Remedy for Intentiona tort |
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Definition
| Nominal Damages and Actual Damages |
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Term
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Definition
| Desire, Knowledge and Sub Certain |
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Term
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Definition
| Depends on age. After 6 then you must apply those conditions. |
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Term
| 2 Torts intent can not be transferred? |
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Definition
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Term
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Definition
| Sign of desire, rem use harm then offensive |
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Term
| Person must be aware of touching? |
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Definition
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Term
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Definition
| intentional causing of a reasonable apprehension/sensory perception of an imminent harmful or offensive touching of another person! |
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Term
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Definition
| Show action, words are not enough |
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Term
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Definition
The actor must appear to have the ability to carry out the harm
Must be reasonable and imminent |
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Term
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Definition
| held w/in certain limits, not prevented from entering or leaving certain a certain place. Blocking the path isn’t enough. |
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Term
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Definition
| The intentional infliction of confinement |
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Term
| 5 Elements of False imprisonment |
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Definition
| Intent, Fixed Boundaries, Aware of Boundaries, Harmed, no reasonable means of egress |
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Term
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Definition
| Intentional extreme or outrageous conduct intended to cause severe emotional harm to another to another person |
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Term
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Definition
1. Conduct must be intentional/reckless
2. Conduct must be extreme and outrageous
3. There must be a causal connection b/n the wrongful conduct and the emotional distress
4. The emotional distress must be severe |
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Term
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Definition
| Must be in the immediate zone or an immediate relationship |
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Term
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Definition
| the intentional presence on property that is owned by another |
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Term
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Definition
| Intent to interfere/intermeddle with anothers possessory interest to a chattel |
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Term
| Trespass of Chattel Remedy |
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Definition
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Term
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Definition
| intentional exercise of dominion control over chattel which so seriously interferes w/ the right of another to control it that the actor may justly be req’d to pay the other full value of the chattel |
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Term
| WHo can sue on conversion? |
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Definition
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Term
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Definition
| Voluntary agreement by one who has proper mental and physical capacity; an act of reason and deliberation. |
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Term
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Definition
| Reasonable Force, Reasonable Mistake or defend loved ones |
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Term
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Definition
| person reasonably believes that action is necessary in preventing injury to self, property, or 3rd person if damage was unavoidable *** Liable for damages tho. |
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Term
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Definition
| public officials reasonably believes that the action is necessary to prevent severe harm to the public. |
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Term
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Definition
| A failure of someone to act as RPP would in the same or similar circumstances |
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Term
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Definition
| A duty, Breach of that duty, causation, and damage |
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Term
| Who do you owe a duty to? |
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Definition
Those that your actions affect
You are substantially certain your actions will affect
People you are in privity with
Special Relationship |
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Term
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Definition
business. A person invited onto your property to do business.
You owe a duty of reasonable care. |
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Term
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Definition
| Social Guest. You owe a duty to warn of known hidden dangers. |
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Term
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Definition
| a person cannot be held liable for risks that are not reasonably anticipated |
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Term
| Innkeepers and common carriers |
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Definition
| owe the highest standard of care |
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Term
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Definition
| False statement of a material fact. P reasonably relies on the upon the statement of D to the extent that P changes his position. P suffers a loss. |
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Term
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Definition
1. D KNOWS the statement is false
2. D is SUBSTANTIALLY CERTAIN the statement is false
3. D made the statement w/ RECKLESS DISREGARD FOR THE TRUTH. |
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Term
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Definition
| Misrepresentationplus SCIENTER (knowledge that the statement is false) |
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Term
| INNOCENT/UNINTENTIONAL MIS. |
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Definition
| Must be a K, this is not a tort. It is a breach of contract. |
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Term
| NEGLIGENT MISREP, remedy? |
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Definition
| Shouldve reasonably know that it couldve happen. Get the damages. (Think of Gun case) |
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Term
| FRAUDALENT MISREP and remedy? |
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Definition
duty to almost anyone harmed by the false statement.
**damages may include incidental and consequential depending on degree of fault the worse behavior, the greater the damages, in general. |
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Term
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Definition
: B < LP. B=Burden; L=Loss; P=Probability
If the burden to take action (or refrain from action) is less than the loss times the probability of harm, then the burden must be taken on. |
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Term
| How do you determine if RRP would ? |
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Definition
| Follow the learned hand theory |
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Term
| Exceptions for Herman Standard |
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Definition
1) Emergency
2) Innkeeper
3) Children (except when doing an adult activity)
4) Disability
5) Insanity (on first time) |
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Term
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Definition
| Physicians owe a duty to patients to disclose risks of surgery and possible alternatives to surgery and intent to use the patients organs (for research/donation) |
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Term
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Definition
| violation of a statute or ordinance that causes harm to , and is in the class of people the statute was designed to protect, and the harm was the type the statute was intended to prevent |
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Term
| Elements of Negliegence Per Se |
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Definition
| Violation of statute, that harmed a class of people it is was intended to prevent |
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Term
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Definition
| Cause in Fact, Cause at law (must have both for a causation claim) |
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Term
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Definition
| “BUT FOR” the breach of duty, would the injury have occurred? must be a factual, logical, causal link that lead to the injuries |
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Term
| Cause at law/ Proximate cause |
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Definition
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Term
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Definition
| Type of harm that occurred is foreseeable. Type of cause in natural and continuous sequence unbroken by any new independent cause produces an event, and w/o which the injury wouldn’t have occurred. |
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Term
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Definition
cuts off ∆’s liability
1) Acts of God
2) Int. Tort or Crim Act
3) Unforeseeable event that occurs b/n the ∆’s breach and the P’s ultimate injury |
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Term
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Definition
| = the thing speaks for itself (used when cant explain how an accident occurred/inferences only/ not when we know HOW/WHY the accident |
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Term
| Elements of Res Ipse Loquitor? |
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Definition
D had exclusive control care and control of the instrumentality that caused the harm
the type of harm does not normally occur w/o negligence |
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Term
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Definition
| danger invites rescue, so the rescue is foreseeable |
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Term
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Definition
| If plaintiff does anything wrong, NoTHING! |
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Term
| Comparative Negligence - Pure |
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Definition
| percent of recovery barred is equal to percent that D was at fault (FL). |
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Term
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Definition
| If P did more than 50% then NOTHING! |
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Term
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Definition
| - time limit on the useful life on products; if one is injured from a product after a certain time limit, then they cant sue |
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Term
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Definition
| you do it you pay; A ∆ must pay damages although the ∆ neither intentionally acted nor failed to live up to the HERMAN standard. |
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Term
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Definition
| = animals that we keep as pets that are recognized as pets in society |
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Term
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Definition
. as long as these animals are on your property, you are not liable unless you know that they are vicious
once the animal leaves your property, you are liable if there is damages to your neighbors property |
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Term
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Definition
Always SL b/c they have a propensity to injure. don’t work and that we don’t normally keep as pets (lions, jaguars, bears, ect){snakes, Ferret, parrots, spiders are wild animals that are kept as pets }(exotic animals)
special rule for exhibitions animals circuses(entertainment) and zoo’s/learning purposes) = one is not strictly liable but are only liable for negligence |
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Term
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Definition
| Animals, Abnormally Dangerous Activity, |
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Term
| Abnormally dangerous activities |
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Definition
| Doing something that’s so dangerous that HERMAN wouldn’t do it; but we still do it b/c its so nec. to society |
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Term
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Definition
•Must be in the zone of danger in order to sue on SL when applying to abnormally dangerous activities (Bridges-dynamite explodes 100mi’s aw
•Must look at the nature of the activity w/ relation to the harm to determine the strict liability→ rests on the owner) {DUTY} |
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Term
| Defense of strict liability |
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Definition
Was it the reason for? But For test.
P must prove that more likely than not that the harm came from D |
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Term
| Strict Products Liability |
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Definition
| = liability of the manufacturer, seller or other supplier of chattels or product, to one with whom he is not in privity of K, who suffers physical harm caused by the chattel or product is SL. |
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Term
| Box rule in products liability |
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Definition
| If in a box then you dont, but if it isnt u do. Think bunny and barbie |
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Term
| Manufactured product sold w/o re-inspection |
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Definition
| the duty extends to the ultimate consumer and for immediate family users horizontal privity |
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Term
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Definition
No privity of K req’d for recovery based on breach of expressed warranty especially
where a purchaser of reasonable prudence and ordinary care would not have
discovered the defect and reasonably relied on the warranty. |
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Term
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Definition
| when a manufacturer tells/shows that the product is reasonably suitable |
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Term
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Definition
| the product didn’t work the way the consumer expected it to work |
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Term
| Element of Defective Conditon |
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Definition
1) must prove physical harm
2)Must also prove that its unreasonably dangerous when if the manufacturer had known then HERMAN wouldn’t have manufactured the product
3) Product must be sold and the seller must be in the business of selling that type of product
4) Unchanged; Must reach the purchaser w/o substantial change |
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Term
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Definition
| when the harm occurs to the product itself then its only economic and can only sue in K. Cannot recover in tort. (car explodes w/no one in it) |
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Term
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Definition
| manufacturer/retailer owes a duty to the ultimate user/consumer or anyone else that is in the range of danger/hazard that is harmed by the product |
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Term
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Definition
| ea. unit has something wrong (more than one) |
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Term
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Definition
| inadequate instructions/ warnings when the foreseeable risk/harm could’ve been avoided by adequate instructions |
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Term
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Definition
| negligence in manufacturing is when a single product has something wrong w/ it |
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Term
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Definition
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Term
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Definition
| product was designed and has dangerous propensities |
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Term
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Definition
| show that there was a less dangerous modification or alternative that was economically feasible |
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Term
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Definition
| Suppliers must anticipate foreseeable uses even if they are misuses |
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