TORTS - BAR EXAM

Types of intentional torts

battery, assault, false imprisonment, intentional infliction of emotional distress, trespass to land, trespass to chattel, conversion

elements of battery

specific intent to cause

harmful or offensive conduct (to a reasonable person)

to p or p's person

elements of assault

specific intent to cause

a reasonable apprehension

of an imminent battery

elements of false imprisonment

specific intent

to confine P

to a bounded area

elements of IIED

specific intent to cause

extreme or outrageous conduct

that resulted in severe emotional distress

elements of trespass to land

specific intent to cause

a physical invasion

onto P's land

elements of trespass to chattel

specific intent to cause

an act by D that interferes with P's right to possess something

little harm

elements of conversion

specific intent to cause

an act by D that causes P to pay full FMV for it

big harm

defenses to intentional torts

consent, self defense, defense of others, defense of property, recapture of chattels, necessity

when can self defense be used

if you have a reasonable belief that you're about to be harmed

when can defense of others be used

if you have a reasonable belief that the person being harmed had a right to self defense

what types of necessity are available

to avoid a public disaster - not liable at all

to protect one person or a limited group of people - still liable for damage to property

elements of negligence

duty

breach

causation

damages

what standard of care to people owe each other

that of a reasonably prudent person in a similar circumstance

to whom is the standard of care owed to

all who are foreseeable plaintiffs (zone of danger)

elements for res ipsa loquitur

cause of P's injury doesn't usually happen unless someone was negligent

someone in the D's shoes was in exclusive control of the act

establishes duty and breach only

types of causation

actual

proximate

test for actual causation

but-for

substantial factor

unascertainable causes

test for proximate causation

forseeability

defenses to negligence

didn't meet all the elements of a PFC

contributory negligence

comparative negligence

assumption of the risk

what is contributory negligence

if P was negligent and D was negligent, P can't recover anything

what is comparative negligence

if P was negligent and D was negligent, reduce recovery

what is assumption of the risk

P voluntarily assumed the risk of the injury occuring

types of defects

manufacturing

design

information

what is a manufacturing defect

one unit came off the line defective

what is a design defect

all units off the line are defective

what is an information defect

failure to include adequate warnings/labels/directions

types of damages awarded in negligence cases

money damages

injunction

no punitive damages

standard for injuries caused by dangerous activities

can't be made reasonably safe even with ordinary care + uncommon in the area

defenses to strict liability torts

traditionally - assumption of the risk

modern - comparative responsibility

what is private nuisance

substantial interference with P's use/enjoyment of their land

what is public nuisance

substantial interference with the health, safety, or property rights of the community

what is a frolic

major departure from the scope of employment

what is a detour

minor departure from the scope of employment

when are intentional torts within the scope of employment?

employee is furthering the business of the employer

employer authorizes the force

when are companies who hire independent contractors vicariously liable?

when the IC works on the business premises and injures someone

if the IC is engaged in inherently dangerous activities

what is joint and several liability?

P can collect in full from any D that P chooses

elements of defamation

statement identifying P

published to a third party

statement was false

defendant was at fault

damage to P's reputation

who has a claim if a group is defamed?

if it's a small group - everyone

if it's a big group - nobody

standards of fault for a private and public person

private - statement was made negligently

public - statement was made with malice

types of defamation

libel - written

slander - oral

defenses to defamation

consent

truth

absolute privilege (spouses, during government communications)

qualified privilege (public interest in promoting honesty)

what is appropriation?

D uses P's NIL without permission for commercial purposes

what is intrusion?

invasion of P's seclusion in a manner that would be highly offensive to a reasonable person

what is false light?

dissemination of a material falsehood about P that would be highly offensive to a reasonable person

difference between false light and defamation

false light - emotional damages

defamation - economic damages

what is disclosure?

dissemination of a confidential fact about P that is not of legitimate public concern and highly offensive to a reasonable person

defenses to privacy torts

consent

absolute/qualified privilege for false light and disclosure

which privacy torts have a newsworthiness exception?

appropriation and disclosure

slander per se (damages) is presumed when what types of statements are made?

P's business or profession

Serious crime

Serious sexual misconduct

Loathsome disease

when are you liable for domesticated animals?

if they have known dangerous propensities

when are you liable for wild animals?

all the time