Shared Flashcard Set

Details

Torts - Richmond
For Me
80
Law
Graduate
11/28/2011

Additional Law Flashcards

 


 

Cards

Term
3 Types of Torts
Definition
Intentional, Negligent, Strictly Liable
Term
Remedy for Intentiona tort
Definition
Nominal Damages and Actual Damages
Term
3 Types of Intent
Definition
Desire, Knowledge and Sub Certain
Term
Child commit a tort?
Definition
Depends on age. After 6 then you must apply those conditions.
Term
2 Torts intent can not be transferred?
Definition
Conversion and IIED
Term
Anger is an automatic...
Definition
Sign of desire, rem use harm then offensive
Term
Person must be aware of touching?
Definition
No
Term
Assault
Definition
intentional causing of a reasonable apprehension/sensory perception of an imminent harmful or offensive touching of another person!
Term
Assault imminent
Definition
Show action, words are not enough
Term
Apprehension of Harm
Definition
The actor must appear to have the ability to carry out the harm
Must be reasonable and imminent
Term
Confinement
Definition
held w/in certain limits, not prevented from entering or leaving certain a certain place. Blocking the path isn’t enough.
Term
False imprisonment
Definition
The intentional infliction of confinement
Term
5 Elements of False imprisonment
Definition
Intent, Fixed Boundaries, Aware of Boundaries, Harmed, no reasonable means of egress
Term
IIED
Definition
Intentional extreme or outrageous conduct intended to cause severe emotional harm to another to another person
Term
4 Element of IIED
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
Term
IIED area, relationship?
Definition
Must be in the immediate zone or an immediate relationship
Term
Trespass to Land
Definition
the intentional presence on property that is owned by another
Term
Trespass of Chattel
Definition
Intent to interfere/intermeddle with anothers possessory interest to a chattel
Term
Trespass of Chattel Remedy
Definition
Recover the repair value
Term
Conversion
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
Term
WHo can sue on conversion?
Definition
True Owner only
Term
Consent
Definition
Voluntary agreement by one who has proper mental and physical capacity; an act of reason and deliberation.
Term
Defense of Others
Definition
Reasonable Force, Reasonable Mistake or defend loved ones
Term
Private Necessity
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.
Term
Public necessity
Definition
public officials reasonably believes that the action is necessary to prevent severe harm to the public.
Term
NEGLIGENCE
Definition
A failure of someone to act as RPP would in the same or similar circumstances
Term
4 elements of Negligence
Definition
A duty, Breach of that duty, causation, and damage
Term
Who do you owe a duty to?
Definition
Those that your actions affect
You are substantially certain your actions will affect
People you are in privity with
Special Relationship
Term
Invitee
Definition
business. A person invited onto your property to do business.

You owe a duty of reasonable care.
Term
Licensee
Definition
Social Guest. You owe a duty to warn of known hidden dangers.
Term
Known Hidden Danger
Definition
a person cannot be held liable for risks that are not reasonably anticipated
Term
Innkeepers and common carriers
Definition
owe the highest standard of care
Term
MISREPRESENTATION
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.
Term
SCIENTER
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.
Term
FRAUD
Definition
Misrepresentationplus SCIENTER (knowledge that the statement is false)
Term
INNOCENT/UNINTENTIONAL MIS.
Definition
Must be a K, this is not a tort. It is a breach of contract.
Term
NEGLIGENT MISREP, remedy?
Definition
Shouldve reasonably know that it couldve happen. Get the damages. (Think of Gun case)
Term
FRAUDALENT MISREP and remedy?
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.
Term
Learned Hand Theory
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.
Term
How do you determine if RRP would ?
Definition
Follow the learned hand theory
Term
Exceptions for Herman Standard
Definition
1) Emergency
2) Innkeeper
3) Children (except when doing an adult activity)
4) Disability
5) Insanity (on first time)
Term
Informed consent
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)
Term
Negligence Per Se
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
Term
Elements of Negliegence Per Se
Definition
Violation of statute, that harmed a class of people it is was intended to prevent
Term
Causation
Definition
Cause in Fact, Cause at law (must have both for a causation claim)
Term
Cause in fact
Definition
“BUT FOR” the breach of duty, would the injury have occurred? must be a factual, logical, causal link that lead to the injuries
Term
Cause at law/ Proximate cause
Definition
Term
Cause at Law
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.
Term
Superceding Causes? (3)
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
Term
Res Ipsa Loquitur
Definition
= the thing speaks for itself (used when cant explain how an accident occurred/inferences only/ not when we know HOW/WHY the accident
Term
Elements of Res Ipse Loquitor?
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
Term
Rescue Doctrine
Definition
danger invites rescue, so the rescue is foreseeable
Term
Contributory Negligence
Definition
If plaintiff does anything wrong, NoTHING!
Term
Comparative Negligence - Pure
Definition
percent of recovery barred is equal to percent that D was at fault (FL).
Term
50/50 rule
Definition
If P did more than 50% then NOTHING!
Term
Statute of repose
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
Term
Strict Liability
Definition
you do it you pay; A ∆ must pay damages although the ∆ neither intentionally acted nor failed to live up to the HERMAN standard.
Term
Domestic
Definition
= animals that we keep as pets that are recognized as pets in society
Term
Domesticated animals
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
Term
Wild animals
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
Term
Strictly Liable when:
Definition
Animals, Abnormally Dangerous Activity,
Term
Abnormally dangerous activities
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
Term
Elements of SL
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}
Term
Defense of strict liability
Definition
Was it the reason for? But For test.

P must prove that more likely than not that the harm came from D
Term
Strict Products Liability
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.
Term
Box rule in products liability
Definition
If in a box then you dont, but if it isnt u do. Think bunny and barbie
Term
Manufactured product sold w/o re-inspection
Definition
the duty extends to the ultimate consumer and for immediate family users horizontal privity
Term
Express Warranties
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.
Term
Implied Warranties
Definition
when a manufacturer tells/shows that the product is reasonably suitable
Term
Defective condition
Definition
the product didn’t work the way the consumer expected it to work
Term
Element of Defective Conditon
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
Term
Economic laws doctrine
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)
Term
Duty owed
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
Term
design defects
Definition
ea. unit has something wrong (more than one)
Term
warning defect
Definition
inadequate instructions/ warnings when the foreseeable risk/harm could’ve been avoided by adequate instructions
Term
manufacturer defect
Definition
negligence in manufacturing is when a single product has something wrong w/ it
Term
Manufactoring Defect
Definition
has a dangerous defect
Term
Design Defect
Definition
product was designed and has dangerous propensities
Term
Show design defect?
Definition
show that there was a less dangerous modification or alternative that was economically feasible
Term
Misuse
Definition
Suppliers must anticipate foreseeable uses even if they are misuses
Supporting users have an ad free experience!