1
Q
Battery Elements
A
- Harmful or Offensive Contact
- Contact must be with Plaintiff’s person
2
Q
Assault Elements
A
- Act by the D creating a reasonable apprehension in the plaintiff
- Of an immediate battery (harmful or offensive contact to the plaintiff’s person)
3
Q
False Imprisonment Elements
A
- An act or omission on the part of the D that confines or restrains the plaintiff
- The plaintiff must be confined to a bounded area
4
Q
Sufficient Acts of Restraint
A
- Physical barriers
- Physical force directed against the plaintiff, immediate family, or personal property
- Direct threats of forces
- Implied threats of force
- Failure to release a plaintiff when under a legal duty to do so (A taxi driver not letting a customer out)
- Invalid use of legal authority
5
Q
IIED Elements
A
- An act by the defendant amounting to extreme and outrageous conduct
- the plaintiff must suffer severe emotional distress
6
Q
Three Things Needed for All Intentional Torts
A
- A voluntary act
- Intent to cause the harm
- Causation
7
Q
Trespass to Land Elements
A
- Physical Invasion (person or object)
- of the Plaintiff’s real property (surface, subterranean, airspace)
- Damages not required
- Intent just needs to be walking on the land
8
Q
Trespass to Chattels Elements
A
- Act by the defendant that interferes with the plaintiff’s right of possession in a chattel
- Interference can be damaging or a dispossession
9
Q
Conversion Elements
A
- Act by the D that interferes with the plaintiff’s right of possession in a chattel
- Interference is serious enough in nature or consequences to warrant
10
Q
Defenses to Intentional Torts
A
- Consent
- Protective Privileges (Self-defense, defense of others, defense of property, reentry onto land, recapture of chattels)
- Necessity
11
Q
Duty of Care
A
- Owed only to foreseeable plaintiffs
- Duty to behave as a reasonably prudent person in one’s actions
12
Q
Trespasser Landowner Duty
A
- Unknown trespassers no duty
- Known trespassers the landowner must warn or make safe any conditions that are artificial, highly dangerous, concealed, that the landowner knows about
13
Q
Licensee Landowner Duty
A
- Licensee is a social guest
- Landowner has duty warn of or make safe hazardous conditions that are concealed, and known to the land possessor in advance
- Protect licensees from all traps
14
Q
Invitee Landowner Duty
A
- Business Guest
- Landowner has duty warn of or make safe hazardous conditions that are concealed, and known to the land possessor in advance or could have been discovered with a reasonable inspection
- Protect from all reasonably knowable traps
15
Q
Attractive Nuisance Doctrine
A
- Most courts impose a duty on the landowner to exercise ordinary care to avoid a reasonably foreseeable risk of harm to children caused by dangerous artificial conditions on their property (ex. fence around a pool)
16
Q
Negligence Per Se
A
- Plaintiff is within the protected class
- The statute was designed to prevent the type of harm suffered by the plaintiff
- If statute is violated creates presumption that breach and duty are good
17
Q
Strict Products Liability
A
- The defendant is a merchant
- The product is defective
- The product was not substantially altered since leaving the defendant’s control
- The plaintiff was making a foreseeable use of the product at the time of the injury
- Only applies to merchants
18
Q
Types of Defects
A
- Manufacturing Defects (one of the products messed up)
- Design Defects (whole line has a bad wheel)
- Information Defects
19
Q
Manufacturing Defect
A
- The D will be liable if the plaintiff can show that the product failed to perform as safely as an ordinary consumer would expect
20
Q
Design Defect
A
- When all products of a line are the same but have dangerous propensities
- Plaintiff must show that the defendant could have made the product safer, without serious impact on the product’s utility or price (the “feasible alternative” approach)
21
Q
Information Defect
A
- A product may be defective as a result of the manufacturer’s failure to give adequate instructions or warnings to the risks with the product
- Adequacy is prominent, provide info about mitigating risk, comprehensible
22
Q
Implied Warranty of Merchantability
A
- Warranties implied in every sale of goods that can serve as the basis for a suit by a buyer against a seller: merchantability references that acceptable quality and are generally fit for the ordinary purpose for which the goods are used.
23
Q
Implied Warranty of Fitness for a Particular Purpose
A
- Arises when the seller knows or has reason to know the particular purpose for which the goods are required and that the buyer is relying on the seller’s skill and judgment in selecting the goods
24
Q
Private Nuisance
A
- A substantial, unreasonable interference with another private individual’s use or enjoyment of property that the other individual actually possesses or has a right of immediate possession
25
Public Nuisance
- An act that unreasonably interferes with the health, safety, or property rights of the community
26
Defamation Elements
- A defamatory statement that specifically identifies the plaintiff
- published to a third party
- falsity of the defamatory language
- fault on the part of the defendant
- damage to the plaintiff's reputation
27
Slander Per Se Statements
- Adversely reflect on the plaintiff's business or profession
- State that the plaintiff has committed a serious crime
- Impute that the plaintiff has engaged in serious sexual misconduct
- State that the plaintiff has a loathsome disease
