Comprehensive Guide to Intentional Torts, Negligence, and Product Liability

What is a tort?

Civil misconduct other than a breach of contract.

What defines an intentional tort?

The defendant intended to perform the specific act that caused the harm.

What are the two basic categories of damages in tort law?

Compensatory damages and punitive damages.

What is the purpose of compensatory damages?

To compensate the victim for injuries, emotional distress, and unreimbursed medical expenses.

What is the purpose of punitive damages?

To punish the defendant and deter future bad behavior.

Can punitive damages be awarded for negligence?

No, they are never awarded for negligence.

What is the legal definition of battery?

Intentional and harmful or offensive touching of another person without their consent.

What is the legal definition of assault?

An intentional attempt to cause harmful or offensive contact where the victim reasonably believes contact will occur imminently.

What three elements must be proven for intentional infliction of emotional distress?

Outrageous conduct by the defendant, severe emotional distress suffered by the plaintiff, and intentional action by the defendant.

What is false imprisonment?

The intentional confinement of another person without their consent for at least a few minutes.

What is the primary purpose of defamation law?

To protect reputations.

What is the difference between libel and slander?

Libel is written defamation (including internet content), while slander is verbal defamation.

What must a plaintiff prove in a slander case that is not required in a libel case?

The plaintiff must prove that their reputation was actually damaged.

What is 'slander per se'?

Specific types of slanderous statements where the plaintiff does not need to prove reputation injury, such as false accusations of moral turpitude or loathsome diseases.

Are statements of opinion considered defamatory?

No, only statements of fact can be defamatory.

What constitutes 'publication' in a defamation case?

The transmission of the defamatory statement to at least one other person.

What does Section 230 of the Communications Decency Act state regarding ISPs and websites?

They cannot be sued for defamation unless they created the defamatory content themselves.

What is an absolute defense to a defamation claim?

Truth.

What is 'absolute privilege' in defamation law?

Statements made during court proceedings, legislative hearings, or by high-level federal officials in connection with their jobs that cannot be sued for defamation.

What is 'qualified or conditional privilege'?

A defense for statements like letters of recommendation that is lost if the defendant abuses it by making a statement they know is false.

What must a high-level public official prove to win a defamation suit?

A false and defamatory statement published about them and 'actual malice' by clear and convincing evidence.

What is 'actual malice'?

When the defendant knew the statement was false at the time it was made.

What must a private figure prove to win a defamation suit?

A false and defamatory statement published about them and that the defendant was negligent.

What is 'intrusion on solitude'?

An invasion of privacy where a person's reasonable expectation of privacy is invaded in a way highly offensive to a reasonable person.

What is the primary requirement for a claim of public disclosure of private facts?

The disclosure must be widespread, such as on the internet or to a large group.

Is truth a valid defense against a claim of public disclosure of private facts?

No, truth is never a defense for this tort.

When does private information lose its protected status?

When the information is already public record or relates to a public official's ability to perform their job.

What is 'false light publicity'?

The act of falsely attributing beliefs or authorship of inferior artistic work to someone.

What is the difference between commercial appropriation and the right of publicity?

Commercial appropriation involves using a celebrity's NIL to imply endorsement, while the right of publicity involves using their NIL without implying endorsement.

What two elements must be proven to win a malicious prosecution lawsuit?

The prosecutor had no probable cause and the prosecution was for an improper purpose.

What is 'abuse of process'?

Coercing someone into a business deal or action through the use of a bogus lawsuit.

What are the six types of trespass to property?

Unauthorized physical presence, causing others to enter, remaining after rights expire, failing to remove objects, causing significant objects to enter, and invading airspace/subsurface.

Is ignorance of property boundaries a defense against trespass?

No, because property maps exist.

What is a private nuisance?

When a defendant substantially interferes with someone's use and enjoyment of their property.

What are the four common types of private nuisance?

Offensive odor, noise, smoke, and light.

What is conversion in the context of personal property?

Exercising control over someone else's personal property without their consent.

Can you be sued for conversion if you possess stolen property unknowingly?

Yes, you can be sued for conversion even if you did not know the property was stolen.

What is the 'reasonable person standard' in negligence law?

The requirement to behave as a reasonable person would in the same or similar circumstances.

Who determines if a duty of care is owed?

The judge.

What are the six factors used to determine if a breach of duty occurred?

Foreseeability of harm, seriousness of harm, social utility, ease of avoiding risk, personal characteristics, and context.

How does professional malpractice differ from standard negligence?

Conduct is compared to that of other similar professionals in the same field rather than a general reasonable person.

What is the duty of care owed to an invitee?

To protect them from dangerous conditions known to the owner that the visitor is unlikely to discover.

What is the duty of care owed to a licensee?

To warn them about known dangers on the property that they might not otherwise know about.

What is the general rule regarding trespassers and premises liability?

There is generally no duty to protect trespassers, except for children if the property contains an attractive nuisance.

What is an 'attractive nuisance'?

An aspect of a property that encourages children to trespass, such as a swimming pool or trampoline.

What is 'negligence per se'?

A theory that proves both duty and breach by showing the defendant violated a law designed to protect the plaintiff.

Can children be held liable for negligence?

Yes, children can be found negligent, with parents often paying the damages.

What must a plaintiff prove to successfully claim negligence per se?

That they belong to the class of persons the specific law was designed to protect.

What must a plaintiff prove regarding the nature of their injury in a negligence case?

That the injury is of the type the law is designed to protect against.

What are the two types of causation required to prove a breach caused an injury?

Actual causation and proximate cause.

What is the 'substantial factor' test in negligence?

A test for actual causation where anyone who is a substantial factor in causing the injury is considered an actual cause.

How are intervening criminal acts treated in negligence cases?

The negligent party is not responsible if the criminal act was not foreseeable; if it was foreseeable, they remain responsible.

What is the 'eggshell skull' rule in negligence?

A defendant is fully liable for damages even if the injury is worsened by the plaintiff's preexisting physical condition.

What is the doctrine of res ipsa loquitur?

A rule where the burden shifts to the defendant to prove they were not negligent because the injury implies negligence and the defendant had control.

What is the difference between mixed and pure comparative negligence systems?

In a mixed system, a plaintiff cannot recover if they are more than 50% responsible; in a pure system, they can recover regardless of their percentage of fault.

What is the limitation on 'assumption of the risk'?

A person cannot give valid consent to a known risk if they are intoxicated.

What are the three primary situations where strict liability applies?

Manufacturing or selling a defective product, engaging in ultra-hazardous activities, and statutory strict liability like workers' compensation.

What are three examples of ultra-hazardous activities?

Operating a nuclear reactor, use and storage of explosives, and transportation/storage of toxic chemicals.

What is an express warranty under the UCC?

A statement of fact about a product by a seller that becomes a contributing factor in the buyer's purchase decision.

Do statements of value or opinion create express warranties?

No.

What is the implied warranty of merchantability?

A warranty that the product will perform as a reasonable consumer would expect, applicable only to merchants.

What three things must a buyer prove for an implied warranty of fitness for a particular purpose?

The seller knew the particular purpose, the seller knew the buyer was relying on them, and the buyer actually relied on the seller.

What are the four tort theories of product liability?

Defective product, negligent inspection, negligent failure to warn, and negligent design.

Is there a duty to warn about open and obvious risks?

No.

What was the outcome of the Stahlecker case regarding foreseeability?

The manufacturer was not liable for a murder following a tire failure because the criminal act was not foreseeable.

What must a public figure prove to win a defamation case?

Actual malice.

Why do legal systems implement statutes of limitations?

Because unlimited time makes the system unworkable as evidence and witnesses may be lost or forgotten.

What is the 'reasonable expectations test' in product liability?

A test used to determine if a product is merchantable based on what a consumer would reasonably expect to find in it.

In the Williams case, why was the phone manufacturer not held liable for a distracted driving accident?

There was no relationship between the manufacturer and the plaintiff, and the accident was not foreseeable.

What is the primary difference between contributory and comparative negligence?

Contributory negligence bars recovery if the plaintiff is at all at fault, while comparative negligence divides damages based on shares of responsibility.

Are manufacturers responsible if a plaintiff's injury is exacerbated by medical malpractice during treatment?

Yes, the defendant is responsible for the consequences of necessary medical treatment.

What is required for a description to create an express warranty?

The seller must make a statement of fact about the product that influences the buyer's decision.

What is the consequence of mislabeling a cause of action, as seen in the Howard case?

The case may be dismissed or reversed if the statute of limitations for the correct cause of action has expired.