Torts Class

These cards are for my torts class. I hope they help you. Enjoy

21 cards   |   Total Attempts: 188
  

Cards In This Set

Front Back
Intent:
The doing of an act with substantial certainty that harm will result.
o Garrett v. Dailey
o Spivey v. Battaglia
Battery:
Unpermitted, unprivileged and offensive touching of the person of another by an act that is intended to and results in such contact:
o Cole v. Turner
Assault:
Intentional creation of a reasonable apprehension of an imminent battery.
o I d e S et. Ux. V. W de S.
o Western Union Telegraph Co. v. Hill
False Imprisonment:
Confinement of another within boundaries set by a person doing an act intended to result in the confinement. The confinement is against the person’s will and without reasonable avenue of escape or egress.
o Hardy v. Labelles Distributing Co.
o Whittaker v. Sanford
Consent:
Compliance in or approval of what is done or proposed by another.
o Mohr v. Milliams
o DeMay v. Roberts
Informed Consent:
Consent to medical treatment by a patient or participation in a medial experiment by a subject after understanding of what is involved.
o Scott v. Bradford:
Negligence:
A person by some act or omission falls to exercise due care under the circumstances to one to whom a duty is owed and this act or omission is the proximate injury resulting in damages. The due care is that of a reasonable person under the circumstances. (Add in formula)
o Weaver v. Ward
o Brown v. Kendall
o Cohen v. Petty
o United States V. Carroll Towing Co.
o Boyce v. Brown
Negligence Theory:
______________






o MacPherson v. Buick Motor Co.
Warranty Theory:






o Baxter v. Ford Motor Co.
o Hennigsen V. Bloomfield Motors Inc.
Standard of Care:





o Cordas v. Peerless Transportation Co.
o Robinson v. Lindsa
Ultrahazardous Activity:
One engages in an ultra hazardous-activity such as blasting which caries with it a risk of serious harm, which can be eliminated, and is not a common form of activity.
Strict Liability or Products Liability:
The manufacturer of a product will be held strictly liable for injuries because of a defect in design or manufacture that’s product causes injuries when it was being used reasonably for its intended purpose.
o Anonymous
o Spano V. Perini Corp.
o Greenman v. Yuba Power Products Inc.
Exception to Strict Liability:
Unavoidably unsafe products, where the product cannot be made completely safe but has a high social utility that justifies its use. (blood products, certain drugs.)
o Related Cases:
Causation in Fact:
A cause without which the result would not have occurred.
o Perkins v. Texas & New Orleans Ry Co.
Proximate Cause:
A cause that sets in motion a sequence of events uninterrupted by any superseding causes that result in usu. Foreseeable effect which would not otherwise have occurred
o In Re Arbitration Between Polemis & Furness, Withy & Co
o Wagon Mound #1
o Wagon Mound #@
o Palsgraf v. Long Island R.R