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Flashcards do conjunto (30)
- 1False ImprisonmentThe elements of false imprisonment are: (1) an act intending to confine someone within boundaries fixed by the actor, (2) directly or indirectly resulting in such confinement, and (3) the confined person is either conscious of the confinement or harmed by it.
- 2Defense of Shopkeeper's PrivilegeDefendant can claim the shopkeepers privilege as a defense to false imprisonment if: (1) they have reasonable grounds to believe a theft has occurred; (2) they hold plaintiff for a reasonable time to ascertain the facts; (3) in a reasonable manner.
- 3Defense of Crime PreventionPrivate persons may arrest someone if they have a reasonable belief that a crime has occurred that involves breach of the peace.
- 4Defense of ConsentConsent cannot be obtained by mistake, fraud or duress. Example: Marks threat to immediately call the police if Paul left is a sufficient duress to obviate the defense of consent.
- 5Assumption of the RiskPlaintiff is denied recovery if he or she knows of the risk and voluntarily assumes it.
- 6Vicarious LiabilityEmployers are vicariously liable for the negligence of their employees committed while the servants are acting within the scope of their employment. A frolic may remove liability, but a small detour or minor deviation from the employer's main scope of work will not absolve the employer of vicarious liability. Employers are generally not liable for an employee's intentional tort UNLESS force is authorized in the employment, friction is generated by the employment, or the employeees is furthering the business of the employer.
- 7AssaultAssault requires (1) a volitional act (2) done with the intent to cause either (a) harmful or offensive contact or (b) an apprehension of imminent harmful or offensive contact that (3) actually and proximately causes (5) the reasonable apprehension of harmful or offensive contact.
- 8Volitional ActA volitional act is conscious muscle movement.
- 9BatteryBattery requires (1) a volitional act (2) done with the intent to cause either (a) harmful or offensive contact or (b) an apprehension of imminent harmful or offensive contact that (3) actually and proximately causes (5) harmful or offensive contact.
- 10Trespass to Chattels/ConversionThe elements of a trespass to chattels are: (1) an act which is an intermeddling or dispossession of the personal property of another (2) which causes harm to, or the loss of use of, the personal property. Conversion is similar, but the elements are phrased as the interference with plaintiffs right of possession that is serious enough in result to warrant that defendant pays the full value of the chattel.
- 11Intentional Infliction of Emotional Distress (IIED)The elements of IIED are: (1) an extreme and outrageous conduct that (2) causes severe emotional distress.
- 12Other Types of Duty: Firefighter's Rulebars firefighters and police officers, on public policy or assumption of risk grounds, from recovering for injuries caused by the risks of doing their job or effecting a rescue.
- 13Other Types of Duty: Common CarriersCC, such as airlines and similar modes of travel, have a heightened duty to use the highest degree of care to aid and assist their passengers, BUT it is still a duty of carethere is no strict liability.
- 14Other Types of Duty: RescuersA rescuee is liable to a rescuer who is injured in the course of the rescue if the rescuees own negligence put them in the position of requiring a rescue. In addition, 3rd parties who forseeable place rescuers in danger are similarily liable, such as a vehicle manufacturer who neg designed, etc.
- 15Other Types of Duty: Negligent Infliction of Emotional DistressIn general, there is no duty to prevent emotional distress harms in the absence of physical harm. Plaintiff must usually be within the zone of danger from the negligence and suffer physical symptoms from the emotional distress. EXCEPTIONS: person injured closely related, present at the seen and perceived the injury; special relationship; and D mishandles relative's corpse.
- 16Defenses to Negligence: Contributory NegligenceContributory Negligence of the plaintiff is a defense and a complete bar to recovery.
- 17Defenses to Negligence: Comparative NegligenceComparative fault reduces the recovery by the percentage attributable to plaintiff's fault.
- 18Public NuisanceInterferes in a common public interest: public health, public safety, public convenience, public comfort, or public peace; or it invovles the violation of a statute, ordinance or regulation. Public agencies are generally more likely to bring actions to enjoin a public nuisance. A Private Person can generally only bring an action for public nuisance where the private party suffers harm that is different in kind from the harm suffered by mmebers of the public in general.
- 19Private NuisanceThe elements of a private nuisance are: (1) an unreasonable invasion of another's interestin the use enjoyment of his or her land; (2) and the invasion is either (a) intentional or (b) unintentional and otherwise actionable as negligence, recklessness, or an abnormally dangerous condition or activity. The invasion must be unreasonable to a reasonable person.
- 20DefamationThe elements of defamation are: (1) a defamatory statement; (2) of or concerning the plaintiff; (3) publication, which means communication of the statement to a third person; and (4) harm.
- 21Defamatory StatementOne that holds the plaintiff up to ridicule or harm to reputation. Opinion is not defamatory unless the opinion is necessarily founded on asserted facts.
- 22Slanderoral defamation. Slander per see consists of five categories (accusation of crime; imputes presence of contagious or loathsome disease; tends directly to injure in respect to office profession, trade or business; impotence or a want of chasity; statement that causes actaul damage)
- 23Libelwritten and broadcase defamation (radio and TV)
- 24Of and concerning plaintiffmeans the hearer or reader reasonable understands that the statement is defamatoy and refers to the plaintiff.
- 25Defenses to Defamation(1) Truth is a complete defense; (2) privilege to publish a defamatory statement may be absolute or qualified.
- 26IntrustionA person who unreasonably and seriously interferes with anothers interest in not having his affairs known to others is liable to the other for intrusion. The test is an objective standard based on someone with ordinary sensibilities.
- 27Public Disclosure of Private FactsPublic disclosure of a private fact that would be offensive and objectionable to the reasonable person that is not of legitmate public concern.
- 28False LightElements: (1) D publicizes a private matter concerning plaintiff (2) that places the plaintiff before the public in a false light (3) that would be highly offensive to a reasonable person (4) and, if it involves a matter of public interest, D acted with malice.
- 29AppropriationUnlike the other three privacy torts, which protect the persons interest in emotional peace and mental calmness, appropriation protects the persons pecuniary interest in the commercial value of their identity. The elements are: (1) an appropriation or use (2) of the plaintiffs identity (3) by the defendant (4) for the defendants commercial purposes. The tort is not limited to celebrities.
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- FlashCards sobre Sem título, criado por Edward Garcia em 19-02-2026.
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- Edward Garcia
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