NEGLIGENCE
INTENTIONAL TORTS
DEFENSES
STRICT LIABILITY/PRODUCTS LIABILITY
VICARIOUS LIABILITY
100
This literally means "the thing speaks for itself"
What is res ipsa loquitur
100
This tort involves an act that is intended to cause imminent fear of contact in the mind of another.
Assault
100
This amendment prohibits private citizens from suing states in federal courts.
Eleventh
100
Owners of this type of animal are strictly liable for the injuries caused by the animal regardless of whether the utmost care has been used to prevent the injury.
Wild
100
Acts that make the sellers of alcohol liable for the acts of another when the seller knew or should have known that the sale of alcohol to that person would lead to a level of intoxication that foreseeably led to an accident.
Dram shop
200
Doctrine that says if plaintiff is injured by defendant's tortious conduct but doesn't get appropriate treatment, plaintiff cannot recover for any injuries that resulted from the failure to get treatment.
Avoidable consequences
200
Intentionally enter another's land without consent.
Trespass
200
Law enforcement officers and private citizens must have _________________ in order to make a legally valid arrest.
Probable Cause
200
Owners of domesticated animals are strictly liable for the harms of their animals only if:
Reason to believe propensity to cause harm/dangerous
200
This literally means "let the master answer"
Respondeat superior
300
Violation of a statutory standard of conduct.
Negligence per se
300
Oral defamation
Slander
300
This is a complete bar to an action in negligence.
Assumption of risk OR contributory negligence
300
One who carries on thist type of activity on his land is strictly liable for any harms caused by the activity.
Abnormally dangerous
300
An employer will generally not be liable for the actions of an ______________ ___________ hired to perform a particular task because the employer does not exercise control over how the task will be completed.
Independent Contractor
400
This rule says that defendant must pay even if the plaintiff has been compensated from some other source.
Collateral source rule
400
An act that is intended to and actually does cause physical contact with another.
Battery
400
Plaintiff agrees to accept the consequences of the defendant's otherwise tortious conduct.
Consent
400
An implied warranty that automatically arises in a commercial transaction:
merchantability & fitness
400
An agent's significant/material deviation from the task assigned by the principal
Frolic
500
4 elements of negligence claim:
Duty, breach, proximate cause & damages
500
Outrageous act that is intended to cause and actually does cause emotional distress in another.
Intentional Infliction of Emotional Distress (IIED)
500
Use of force to protect oneself that is based on a reasonable belief that a threat exists.
Self-defense
500
In order for a buyer to sue the manufacturer of a defective product for breach of contract, the buyer must have _________ of contract with the manufacturer; but this is not required to sue the manufacturer under a theory of negligence or strict liability.
Privity
500
Liability for tortious conduct committed by another person.
Vicarious liability