TORTS LAW
Terms
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- TORTS Essay: SIC VINDI ESPN
- Survivors Act Intent Causation Vicarious liability Intentional torts Negligence Defamation Invasion of Privacy Strict Liability Products Liability Nuisance
- Intentional Torts: FIT CAB
- False Imprisonment Intentional infliction of emotional distress Trespass Chattels trespass/conversion Assualt Battery
- Interference with Contract: EKI ID
- Existence of valid K Knowledge Intentional Interference Induce Breach Damages
- Defamation: LCPD (lapd) DUMB
- Language Concerning Publication Damages Disease Loathsome Unchasity Moral crime of turpitude Business/profession reputation
- INVASION OF PRIVACY: FLACID
- False Light Appropriation Intrusion Disclosure
- ABNORMALLY DANGEROUS ACTIVITY: SURP
- involves Serious risk of harm Uncommon in area cannot be Performed without Risk
- PROD. LIAB. ESSAY: SiNE M
- Strict Liability Negligence Express Warranty Misrepresentation
- MISREPRESENTATION: MM SIR P
- Misrepresentation - past/present Material facts Scienter- Intent /recklessness Intent to induce Reasonable justifiable reliance Pecuniary damages
- ATTRACTIVE NUISANCE: KiD's CAR
- Knows or should know Dangerous condiction Children frequent due to Age will not appreciate the danger Remedy costs lesser than the risk
- MALICIOUS PROSECUTION: IP PMT
- Initiating of civil/crim Proceedings without Probable cause with Malice Termination in P's favor
- ABUSE OF PROCESS: U MAN
- wrongful Use of legal system with Malice to Accomplish ulterior motives No matter who wins
- RES IPSA: TIP
- Type of accident does not occur without negligence Instrumentality in D's control P is not contributorily Negligent
- Battery: CAHIL
- The intentional harmful or offensive touching of another without consent or privilege. C =Causation A = Act H = Harmful/Offensive contact I = Intent L = Lack of consent or privilege
- Assault: Call Al And Instigate Lenghty Investigation
- C = Causation A = Act A = Apprehension I = Intent L = Lack of consent or privilege I = Imminent The intentional placing of another in reasonable apprehension of an imminent harmful or offensive without consent or privilege.
- Intentional Infliction of Emotional Distress: DICE
- Conduct of an extreme and outrageous nature which is calculated to cause and which does cause severe emotional distress. D = Damages I = Intent C = Causation E = Extreme conduct
- False imprisonment: A Confinement Can Involve Anguish
- The intentional physical or psychological confinement of another within fixed boundaries, for any period of time, without consent or privilege. A = Act; C = Confinement; C = Causation; I = Intent; A = Awareness or harm.
- Trespass to chattel: PIPIA
- The intentional interference with the chattel in possession of another without consent or P = Possession I = Intent D = Damages I = Interference A = Act
- Trespass to land: PUTTING IN POND IS ASININE
- The intentional entry upon land in possession of another w/out consent or privilege. P = Physical I = Invasion P = Possession I = Intent A = Act
- Conversion: DIP
- The intentional exercise of wrongful dominion and control over the chattel of another without consent or privilege. D = Dominion I = Intent P = Possession
- NEGLIGENCE
- Negligence is conduct which falls below the standard established by law for the protection of others unreasonable risk of harm.
- Attractive Nuisance Doctrine Mnemonic: A Child Usually Rebels Yearly Unless Restrained
- Artificial Condition Unreasonable Risk Youth Utility Risk
- BREACH OF DUTY:
- "Breach" is a person's failure to conform to the "reasonable person" standard of care, in a way that creates an unreasonable risk of harm to others. The burden is on the defendant to avoid risk and the utility of defendant's conduct is balanced against the probability and probable gravity of the harm defendant's conduct is likely to cause. MNEMONIC: Beams Under Pressure Groan (Burden; Utility; Probability; Gravity).
- Slander per se: PLUM
- P Profession and business{Adverse Remarks} L Loathsome Disease U Unchaste unmarried Woman M crime involving Moral turpitude
- Ordinarily one owes no duty to another unless SCRAP:
- Statutory Contract Relationship (special like spousal, parent child...) Assumption of duty Peril (if one causes it)
- Defenses to Slander: ABSOLUTE:
- "Judy truly consents to executing domestic legislation." Judy= Judicial proceedings Truly= Truth Consents= Consent Executing= Executive proceedings Domestic= Domestic (husband and wife) Legislation= Legislative proceedings
- Per se defamation - Sluts, Studs, Mercs, Turp
- Slut - unchaste women Studs - STD's - loathesome disease Merc - Of or concerning a merchant and his business Turp - moral turpitude
- ultrahazardous activities USC
- uncommon in area severe risk of harm cannot be made safe
- products liability theories: ME SIN
- ME SIN misrepresentation express warranty breach strict products liability implied warranty breach negligence
- invasion of privacy theories: "Aim (camera) In Danny's Face"
- appropriation intrusion disclosure false light
- FAID: the privacy torts
- false light, appropriation, intrusion, and disclosure
- Dangerous Children are Likely to be Expensive: each word is an element of attractive nuisance doctrine:
- § - "Dangerous" condition § - D should know "Children" are around § - "Likelihood" that condition will cause injury (e.g., will attract kids) § - "expense" balanced to risk
- Constitutional protections: TRESPASS
- takings religion equal protection state action procedural Due process association speech substantive due process
- Defamation: Elements - "Defamation on Perez, daily"
- D = defamatory language; O = of and concerning plaintiff; P = publication; D = damage to reputation
- Slander per se: "Unflattering Comments Do Burn!"
- U = unchaste woman; C = crime involving moral turpitude; D = disease, loathsome; B = conduct
- Perm. Inj.(tort): I Put Five Bucks Down
- Inadequate legal remedy Property interest (modern: protective right) Feasibility of enforcement Balancing of hardships
- Intential torts: Angry Boys Fall Into Tense Tight Circumstances
- Assault Battery False Imprisonment Intentional infliction of emotional distres Trespass to land
- Trespass to chattels Conversion Special Duties: POLECATS
- Promises Occupiers of land Lessors of land Emotional distress Common Carrier Aid to others Third persons Statute
- Duties to persons coming onto the land: O - CIRCLED
- Ordinary trespassers CTULAs Invitees Recreational land users Child trespassers Licensees Entrants (public) Discovered trespassers
- Intentional Torts: Mnemonic: Big Al Is Forever Trying To Cheat
- 1. Battery 2. Assault 3. IIED 4. FI 5. TL 6. TC 7. Conversion