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Anonymous
on FreezingBlue Flashcards.
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assault
- 1) reasonable apprension by plaintiff
- 2) of immediate harmful or offensive contact
- 3) with his person
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battery
- 1) harmful or offensive contact
- 2) with P's person
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false imprisonment
- 1) act confining plaintiff
- 2) to a bounded area
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IIED
- 1) outrageous conduct
- 2) causing severe emotional distress
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trespass to chattels
- 1) inteference with plaintiff's possessory rights
- 2) slight or modest interference (damages)
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conversion
- 1) interference with P's possessory rights
- 2) complete dispossession or destruction (forced sale)
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trespass to land
physical invasion of P's land
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nuisance
- 1) substantial
- 2) unreasonable
- 3) interference with use and enjoyment of property
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business torts
- 1) interference with contractual relationships
- 2) interference with prospective advantage
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defamation
- 1) defamatory statement
- 2) of and concerning P
- 3) publication
- 4) damages (presumed or special damages)
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constitutional issues for defamation
- 1) falsity
- 2) fault
- ---a) Status of Plaintiff - public figure or private?
- ---b) status of subject matter - public or private concern?
- ---c) standards of fault - malice or negligence
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invasion of privacy
- 1) appropriation by defendant of plaintiff's name or picture for defendant's commerical advantage
- 2) intrusion into P's privacy or seclusion
- 3) false light - publication of facts putting P in a false light
- 4) publication of private facts about P
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strict liability
- 1) for dangerous and trespassing animals
- 2) for abnormally dangerous activities
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What is abnormally dangerous activity?
- 1) activity involves serious risk of harm
- 2) activity cannot be made safe, regardless of due care
- 3) activity is not common in the community
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products liability theories
- 1. strict products liability
- 2. negligence
- 3. implied warranties
- 4. express warranty/misrepresentation
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3 defect types:
- 1) manufacturing defect
- 2) design defect
- 3) inadequate warning (also a design defect)
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what is a design defect?
- 1) product was not safe for its intended use, or
- 2) product could have been made safe without seroius impact on its price or utility
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Strict products liability
- 1) D is a merchant (every merchant in the chain is liable)
- 2) product is defective (any of the 3 types)
- 3) product has not been altered
- 4) P is foreseeable user, making foreseeable use of the product
- 5) causation and damages
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is comparative negligence a defense to SL torts?
yes
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Implied warranty of merchantability or fitness for ordinary purpose
- Goods need to be of average acceptable quality and
- generally fit for ordinary purpose for which goods are used
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Implied warranty of fitness for a particular purpose
- 1) When seller knows/has reason to know particular purpose for which goods are required and
- 2) that buyer is relying on sellers skill/judgment in selecting goods
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Express Warranty
- Any affirmation of fact/promise concerning goods that becomes part of basis of bargain
- Breach doesnt require fault, just that product didnt live up to warranty
- Disclaimers only effective if consistent with warranty
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Misrepresentation of Fact
- Seller liable for misrepresentation if:
- 1) Stmt was of a material fact concerning quality or uses of goods (mere puffery insufficient)
- 2) Seller intended to induce reliance by buyer in a particular transaction
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vicarious liability - respondeat superior?
- 1) employer/employee relationship
- 2) tort committed within the scope of relationship
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vicarious liability - indepenent contractor?
- generally, principal is not liable except:
- 1) inherently dangerous activity, or
- 2) nondelegable duty
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