Term
| Prima Facia Case for Defamation must have what elements? |
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Definition
1. Defamatory language by Def. 2. Language must identify plaintiff to reasonable listener (be about Plaintiff) 3. Publication to a third person (if reasonably foreseeable that third party could hear convo) 4. Must damage person's reputation |
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Term
| What is a good defense for not being negligent for the acts of others? |
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Definition
| You did not authorize the conduct of the other person/s, and if an employer/employee relationship, if it was outside scope of employment. |
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Term
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Definition
It's an invasion of private property rights by conduct that is either intentional, negligent, or subject to strict liability. For an actionable claim, must result in substantial interference with Plaintiff's property. |
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Term
| When can you have strict liability for nuisance? Can you have it if a neighbor can no longer do their specialized work they were doing? |
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Definition
1. When the Def. is engaged of abnormally dangerous activity and knows of the activities potential dangerous propensity. 2. No, there must be a substantial interference with the Plaintiff's use of land, and not being able to do a specialized activity (babysitting, etc) is not qualified as "substantial." |
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Term
| What do you have to show for strict liability for a product defect? |
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Definition
| That an unreasonably dangerous defective condition in plaintiff's product caused the P's injury. |
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Term
How can compliance with a statute help in negligence claims, and how can it not help? |
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Definition
Failure to comply with a statute shows there is a valid duty, and a breach of the duty, so compliance proves you met the duty of care. However, meeting the statute alone may not be enough care if the standard for duty of care requires more than the statute sets out. Thus, it is good for evidence that due care was taken, but not conclusive. |
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Term
| When are negligent defendant's liable for third party's actions? |
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Definition
| Def's are liable for the harmful results that are the normal incidents of and increased risk caused by his acts. So they will be liable for independent intervening acts by third parties, that combine with the def's original negligent act to cause greater harm, if the greater harm that is caused is foreseeable. |
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Term
| If a def. clearly broke a statute, what are the elements to look for in Statutory Violations in Tort law? |
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Definition
1. There was a duty created in the statute 2. The duty was breached 3. Causation: There was Causation in fact. The injury would not have occurred, "but for" the act. |
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Term
| If you are using a statute to help you prove a claim for negligence against a defendant, what do you have to show? |
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Definition
1. That you are the intended class to be protected by the statute; 2. The statute was designed to prevent the type of harm that occurred; 3. The statute is clearly defined. |
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Term
| What are the elements of negligence? |
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Definition
1. A duty 2. Breach of the duty 3. Proximate cause, "but for" test 4. Damages to person or property |
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Term
| What duty of care is required for rescuers? |
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Definition
| Generally no duty to act, however, if you decide to act and rescue someone, you must act under the "reasonable person" standard. Therefore, if you try and rescue someone negligently, you will be liable for damages you incur on them while rescuing. |
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Term
What do you have to prove for a slander claim? |
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Definition
1. Statement was made by def. 2. About you 3. Publication- third party could reasonably hear, or published in print *4. Damages- Must show actual damages!! It's not presumed that slander causes injury to reputation unless proved. |
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Term
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Definition
When damages are automatically presumed and special damages don't have to be shown. Four situations of slander per se: 1. A defamatory statement adversely affecting a person's: business, trade or profession. |
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Term
| What is the intent required for defamation? |
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Definition
| The intent to PUBLISH, not the intent to defame. Don't have to know that you are defaming someone to do it, just to publish. |
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Term
| Are parents liable for torts of their children? |
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Definition
No, unless negligence can be shown. |
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Term
| Can small children be liable in tort? |
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Definition
| Yes, if they can have an intent to do something they can be liable. |
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Term
| When can a parent be liable for child's tort? |
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Definition
| If there is knowledge of a child's specific propensity, and the parent doesn't take any precautions to prevent it, the parent may be liable. Example: If parent is aware that child is very violent and hits, the parent should warn babysitter or daycare. |
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Term
| Are parent's acts of negligence imputed to children in children's tort claims? (ex: child's mother won't let him go to a doctor and his injuries aren't mitigated) |
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Definition
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Term
What is the elements for a product's liability claim? |
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Definition
1. Legal duty owed by def. to plaintiff (duty owed to all reasonably foreseeable plaintiff's) 2. Breach of duty (didn't excercise ordinary degree of care for other product manufacturers in industry) 3. Causation in fact, "but for" this breach of duty, there would be no injury to Plaintiff 4. Damages |
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Term
| What do you need for the Prima Facia Case for Battery? |
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Definition
1. Need harmful or offensive contact 2. Of a person |
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Term
| What elements are there for Assualt? |
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Definition
1. A reasonable apprehension of act 2. Immediate Contact |
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Term
Are words enough to qualify for assualt? |
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Definition
| No, there must be words coupled with conduct. |
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Term
| What are the elements for False Imprisonment? |
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Definition
| Need sufficient act of restraint to a bounded area. |
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