MBE Torts Review Notes

These flashcards cover key concepts and definitions related to intentional torts, negligence, product liability, and other relevant legal terms to assist in exam preparation.

Intentional Tort

A wrongfully committed act where the defendant intends to cause a specific consequence.

Elements of Intentional Tort

The three key elements needed to prove an intentional tort: intent, act, and causation.

Battery

An intentional tort where the defendant causes harmful or offensive contact with another person.

Transferred Intent

A legal doctrine allowing intent to commit one tort to satisfy the intent requirement for another tort.

Assault

An act that causes reasonable apprehension of imminent harmful or offensive contact.

Intentional Infliction of Emotional Distress (IIED)

Engaging in extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress.

False Imprisonment

An intentional confinement of a person within fixed boundaries without lawful justification.

Consent Defense

A defense against battery claims; consent can be express or implied.

Negligent Infliction of Emotional Distress (NIED)

A claim for emotional distress caused by negligence without requiring physical injury.

Strict Liability

Liability that does not depend on actual negligence or intent to harm.

Negligent Misrepresentation

Providing false information without due care that causes pecuniary loss due to reliance.

Defamation

A false statement made about someone that damages their reputation.

Trade Secret

A formula, practice, or process that is not generally known and provides a business advantage.

Joint and Several Liability

A legal doctrine whereby each of two or more defendants can be liable for the entire claim.

Contributory Negligence

A legal defense arguing that the plaintiff's own negligence contributed to their injury, which can bar recovery.