Torts Mnemonics
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1
Battery is HIP C:
• HARMFUL or offensive contact.
• INTEND to make some form of contact.
• PL's PERSON.
• CAUSING contact.
• INTEND to make some form of contact.
• PL's PERSON.
• CAUSING contact.
2
Assault is ANGRY:
• an act creating reasonable APPREHENSION.
• occuring NOW (imminent)
• with the GOAL (intent) of causing apprehension.
• REGARDING contact with
• YOUR person.
• occuring NOW (imminent)
• with the GOAL (intent) of causing apprehension.
• REGARDING contact with
• YOUR person.
3
unFIT conduct within Forseeable Zone of Danger:
• FAILURE to take reasonable precautions.
• INADVERTANCE.
• THOUGHTLESSNESS.
• INADVERTANCE.
• THOUGHTLESSNESS.
4
A SWAN is strictly liable:
• ABNORMALLY Dangerous Activity.
• STRICT products liability.
• WORKER'S compensation.
• ANIMALS: wild or known viscious domesticated.
• NEGLIENCE per se
• STRICT products liability.
• WORKER'S compensation.
• ANIMALS: wild or known viscious domesticated.
• NEGLIENCE per se
5
Battery: Helen Punched the Ill-behaved DF:
• causes a HARMFUL or offensive contact with the PERSON of another and acts with the INTENT to cause such contact or the apprehension of such contact.
6
IIED: Every Other Caustic Simpson
• DF acted EXTREME or OUTRAGEOUS that CAUSES SEVERE emotional distress.
7
False Imprisonment: an Inspired Bart Restrained a Crazed Clown
DF INTENDS to confine or restrain another, within BOUNDARIES fixed by the actor, the actions directly or indirectly RESULT in such confinement, and the other is CONSCIOUS of or harmed by the confinement.
8
Four main defenses to Personal Injury: Carl Defended the Pub Admirably
• CONSENT (express or implied)
• DEFENSE (self-defense, defense of property or others)
• PARENTAL discipline
• privilege of ARREST
• DEFENSE (self-defense, defense of property or others)
• PARENTAL discipline
• privilege of ARREST
9
Harms to Property and Land Trespass: Duff tastes like Urine
a DF intentionally interferes with the PL's right of possession by either: (1) DISPOSSESSING or (2) USING or intemeddling with chattels.
10
Affirmative Duty to Act: Apu Placed Convenience-store Attendees at Risk
• ASSUMPTION of duty
• PLACING another in peril
• CONTRACT
• by AUTHORITY or by
• RELATIONSHIP
• PLACING another in peril
• CONTRACT
• by AUTHORITY or by
• RELATIONSHIP
11
Informed Consent: Known-risk of Ulcers With Incompetent Dr. Rivera
• KNOWN risk
• UNCONSCIOUS patient (or incapable of consenting)
• WAIVES or refuses the info.
• INCOMPETENT patient
• disclosure would be DETRIMENTAL to patient
• UNCONSCIOUS patient (or incapable of consenting)
• WAIVES or refuses the info.
• INCOMPETENT patient
• disclosure would be DETRIMENTAL to patient
12
Battery is HIP C:
• HARMFUL or offensive contact.
• INTEND to make some form of contact.
• PL's PERSON.
• CAUSING contact.
• INTEND to make some form of contact.
• PL's PERSON.
• CAUSING contact.
13
• STATUTE
• DF VIOLATES the statute
• CLASS of people statute protects
• HARM is the type statute protects
• PROXIMATELY caused by statute violation.
Negligence Per Se : The Simpsons Violated Copious Health Programs
• STATUTE
• DF VIOLATES the statute
• CLASS of people statute protects
• HARM is the type statute protects
• PROXIMATELY caused by statute violation.
14
Res Ipsa Loquitor Factors: Old Edna Partied:
• ORDINARILY doesn't occur without negligence.
• DF had EXCLUSIVE control of an agent or instrumentality.
• Not due to any voluntary action on the PART of the PL.
• DF had EXCLUSIVE control of an agent or instrumentality.
• Not due to any voluntary action on the PART of the PL.
15
Negligent Infliction of Emotional Distress: Zoidberg Rancid Belch
• ZONE of Danger
• Special RELATIONSHIP (SPPELLIC)
• BYSTANDER recovery (close relation, present, observed)
• Special RELATIONSHIP (SPPELLIC)
• BYSTANDER recovery (close relation, present, observed)
16
Battery is HIP C:
• HARMFUL or offensive contact.
• INTEND to make some form of contact.
• PL's PERSON.
• CAUSING contact.
• INTEND to make some form of contact.
• PL's PERSON.
• CAUSING contact.
17
Federal Tort Claims Act Exceptions : Eddie Drew A Cartoon Terribly
• U.S. gov. waives immunity except for:
• U.S. gov. waives immunity except for:
• CERTAIN enumerated torts (e.g., battery, defamation, and interference with K rights)
• DISCRETIONARY functions
• ASSERTION of the gov's immunity by a contractor
• CERTAIN TRADITIONAL gov. activities (e.g., taxation, property seizure, military activity)
• DISCRETIONARY functions
• ASSERTION of the gov's immunity by a contractor
• CERTAIN TRADITIONAL gov. activities (e.g., taxation, property seizure, military activity)
18
Defenses to Negligence : CCA
• Contributory Negligence
• Comparative Negligence
• Assumption of the Risk
• Comparative Negligence
• Assumption of the Risk
19
Exculpatory Clause: Courts will not enforce provisions
• Disclaiming liability for reckless or wanton misconduct or gross negligence
• Gross disparity in bargaining power
• Party seeking to apply offers public necessities
• Subject to contract defenses
• Against public policy
• Gross disparity in bargaining power
• Party seeking to apply offers public necessities
• Subject to contract defenses
• Against public policy
20
RING in the Tortious conduct:
• RECKLESS
• INTENTIONAL
• NEGLIGENT
• GROSSLY negligent
• INTENTIONAL
• NEGLIGENT
• GROSSLY negligent
21
Intentional torts are BATT FIIC:
• BATTERY
• ASSAULT
• TRESPASS to land
• TRESPASS to chattels.
• FALSE IMPRISONMENT
• INTENTIONAL INFLICTION of ed
• CONVERSION
• ASSAULT
• TRESPASS to land
• TRESPASS to chattels.
• FALSE IMPRISONMENT
• INTENTIONAL INFLICTION of ed
• CONVERSION
22
Intentional Tort Defenses are DARN COPS:
• DISCIPLINE
• AUTHORITY of LAW
• RECAPTURE
• CONSENT
• OTHERS (defense of)
• PROPERTY (defense of)
• SELF (defense of)
• AUTHORITY of LAW
• RECAPTURE
• CONSENT
• OTHERS (defense of)
• PROPERTY (defense of)
• SELF (defense of)
23
Implied Consent to Intentional Torts are RIB COC:
• REASONABLY
• INFER PL's consent
• BASED on
• CUSTOM or
• OBSERVABLE CONDUCT
• INFER PL's consent
• BASED on
• CUSTOM or
• OBSERVABLE CONDUCT
24
DF's FIT conduct is Unreasonable/Negligent when Π was within the foreseeable Zone of Danger.
• FAILURE to take reasonable precautions in light of foreseeable risks.
• INADVERTANCE
• THOUGHTLESSNESS
• INADVERTANCE
• THOUGHTLESSNESS
25
Special Duty Rules: SPPELLIC
• Schools to Students
• Parents to Children
• Physicians to Patients
• Employers to Employees
• Landlord to Tenants
• Landowners to Invitees
• Innkeepers to Guests
• Common Carriers to Passengers
• Parents to Children
• Physicians to Patients
• Employers to Employees
• Landlord to Tenants
• Landowners to Invitees
• Innkeepers to Guests
• Common Carriers to Passengers
26
Attractive Nuisance is DIRK:
• DANGEROUS condition (knowledge of)
• INJURY likely to occur if
• RISK outweighs cost of repair\/utility
• KNOWLEDGE that children are in vicinity
• INJURY likely to occur if
• RISK outweighs cost of repair\/utility
• KNOWLEDGE that children are in vicinity
27
Types of Breach are RUNS:
• REASONABLY Prudent Person
• USAGE or Industry Custom
• Negligence per se
• SPECIALIZED standard
• USAGE or Industry Custom
• Negligence per se
• SPECIALIZED standard
28
Res ipsa loquitor : I Need A Damn NAP
• INFERENCE of
• NEGLIGENCE
• ATTRIBUTABLE to DF
• NOT ATTRIBUTABLE to PL
• NEGLIGENCE
• ATTRIBUTABLE to DF
• NOT ATTRIBUTABLE to PL
29
Actual Cause is BSBS
• BUT-for-Test
• SUBSTANTIAL Factor Test
• BURDEN-SHIFTING Test
• SUBSTANTIAL Factor Test
• BURDEN-SHIFTING Test
30
Serious injury is DDD FFUNT:
• DEATH
• Serious DISFIGUREMENT, which, when viewed by an RPP, would be unattractive, objectionable, or the object of pity or scorn.
• DISMEMBERMENT
• Loss of a FETUS
• Bone FRACTURE
• Medically-determined permanent & total limitation on USE of body member or organ
• NINETY out of the first 180 days after a vehicle accident the PL is unable to perform substantially all of her usual daily activities.
• Medical TESTIMONY is required to establish this non-permanent limitation.
• Serious DISFIGUREMENT, which, when viewed by an RPP, would be unattractive, objectionable, or the object of pity or scorn.
• DISMEMBERMENT
• Loss of a FETUS
• Bone FRACTURE
• Medically-determined permanent & total limitation on USE of body member or organ
• NINETY out of the first 180 days after a vehicle accident the PL is unable to perform substantially all of her usual daily activities.
• Medical TESTIMONY is required to establish this non-permanent limitation.
31
Respondeat Superior not for Intentional Torts unless: FFF: 3F's
• FORCE required in job
• FRICTION part of job
• FURTHERS employer's goals
• FRICTION part of job
• FURTHERS employer's goals
32
Strict Liability - Prima Facie is DM'S Cause Damage:
• Nature of DF's activity imposes an absolute:
• DUTY to MAKE SAFE
• CAUSATION
• DAMAGES
• DUTY to MAKE SAFE
• CAUSATION
• DAMAGES
33
Abnormally Dangerous Activity is SRUU :
• SEVERE RISK of harm
• UNSAFE
• UNCOMMON in area
• UNSAFE
• UNCOMMON in area
34
Torts are done IN SIN:
• INTENTIONAL to person (e.g., assault, battery, false imprisonment, or the intentional infliction of emotional harm)
• NEGLIGENT conduct causing personal injury, wrongful death, or prop damage
STRICT Liability (see the mnemonic A SWAN)
• INTENTIONAL to property (e.g., trespass, conversion, or tortious interference with a contract
• NUISANCE
• NEGLIGENT conduct causing personal injury, wrongful death, or prop damage
STRICT Liability (see the mnemonic A SWAN)
• INTENTIONAL to property (e.g., trespass, conversion, or tortious interference with a contract
• NUISANCE
35
Tortious conduct makes you SING:
• STRICT Tort Liability
• INTENTIONAL Conduct
• NEGLIGENT Conduct
• GROSS Negligence a/k/a Reckless Conduct
• INTENTIONAL Conduct
• NEGLIGENT Conduct
• GROSS Negligence a/k/a Reckless Conduct
36
DF's FIT conduct is Unreasonable/Negligent when Π was within the foreseeable Zone of Danger.
• FAILURE to take reasonable precautions in light of foreseeable risks.
• INADVERTANCE
• THOUGHTLESSNESS
• INADVERTANCE
• THOUGHTLESSNESS
37
6) F CLIPS can "cause" negligence:
• FACTUAL causes
• CONCURRENT causes
• LEGAL causes (Rest. term for Cause-In-Fact & Proximate Cause)
• INDEPENDENT intervening causes (Superseding Cause)
• PROXIMATE causes
• SUCCESSIVE causes
• CONCURRENT causes
• LEGAL causes (Rest. term for Cause-In-Fact & Proximate Cause)
• INDEPENDENT intervening causes (Superseding Cause)
• PROXIMATE causes
• SUCCESSIVE causes
38
LARGE C.C.D.D's are played in negligence:
• LAST clear chance
• ASSUMPTION of risk
• RES ipsa
• GUEST statute
• EMERGENCY doctrine
• COMPARATIVE or CONTRIBUTORY
• DRAM shop act
• DANGER invites rescue
• ASSUMPTION of risk
• RES ipsa
• GUEST statute
• EMERGENCY doctrine
• COMPARATIVE or CONTRIBUTORY
• DRAM shop act
• DANGER invites rescue
39
A PL can find Res Ipsa Loquitor in a PEA:
• PROBABILITY that the PL was injured through no fault of his own.
• DF had EXCLUSIVE control over the agent or instrumentality.
• ABSENT negligence, the injury would not have occurred.
• DF had EXCLUSIVE control over the agent or instrumentality.
• ABSENT negligence, the injury would not have occurred.
40
The Emergency Doctrine is used in the US:
• UNANTICIPATED and
• SUDDEN Emergency
• SUDDEN Emergency
41
Inflict emotional harm and you'll have a SAD CEO:
• SAD: conduct caused PL to suffer SEVERE AND DEBILITATING emotional anguish.
and
• CEO: intentional or reckless CONDUCT that was EXTREME and OUTRAGEOUS, and exceeded all bounds usually tolerated by a decent society.
and
• CEO: intentional or reckless CONDUCT that was EXTREME and OUTRAGEOUS, and exceeded all bounds usually tolerated by a decent society.
42
Landowners have a different duty to an injured person, depending on whether the person was LIT:
• LICENSEE
• INVITEE
• TRESPASSER
• INVITEE
• TRESPASSER
43
A person who RAN onto PL's property is liable in trespass only if DF's entry caused harm to the land:
• RECKLESSLY
as the result of
• ABNORMALLY dangerous activity
• NEGLIGENTLY
as the result of
• ABNORMALLY dangerous activity
• NEGLIGENTLY
44
Consider whether the following BODES well for Abnormally Dangerous Activities:
• BENEFIT to the community outweighed by its risk of harm.
• Activity is not a common OCCURRENCE
• A high DEGREE of risk involved.
• Any inability to ELIMINATE that risk by the exercise of reasonable care.
• Likelihood of SEVERE harm from the activity.
• Activity is not a common OCCURRENCE
• A high DEGREE of risk involved.
• Any inability to ELIMINATE that risk by the exercise of reasonable care.
• Likelihood of SEVERE harm from the activity.
45
Serious injury is DDD FFUNT:
• DEATH
• Serious DISFIGUREMENT, which, when viewed by an RPP, would be unattractive, objectionable, or the object of pity or scorn.
• DISMEMBERMENT
• Loss of a FETUS
• Bone FRACTURE
• Medically-determined permanent & total limitation on USE of body member or organ
• NINETY out of the first 180 days after a vehicle accident the PL is unable to perform substantially all of her usual daily activities.
• Medical TESTIMONY is required to establish this non-permanent limitation.
• Serious DISFIGUREMENT, which, when viewed by an RPP, would be unattractive, objectionable, or the object of pity or scorn.
• DISMEMBERMENT
• Loss of a FETUS
• Bone FRACTURE
• Medically-determined permanent & total limitation on USE of body member or organ
• NINETY out of the first 180 days after a vehicle accident the PL is unable to perform substantially all of her usual daily activities.
• Medical TESTIMONY is required to establish this non-permanent limitation.
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