Intentional Torts against Property

Question 1

Trespass

Answer 1

Interfering with someone’s real property

Question 2

Conversion

Answer 2

Interfering with a person’s right to personal property

Question 3

Nuisance

Answer 3

Interferes with the enjoyment of property

Question 4

Private vs public nuisance

Answer 4

Affects one person vs entire neighborhood

Question 5

Disparagement

Answer 5

Lies about objects or people (Disparagement against people < defamation)

Question 6

Negligence

Answer 6

When one person carelessly (unintentional) injures another

Question 7

Elements of negligence

Answer 7

• The defendant owed the plaintiff a duty of care
• The defendant breached that duty by being careless
• The defendant’s carelessness was the proximate cause of harm
• The plaintiff was really hurt by the defendant’s carelessness

Question 8

Duty of Care

Answer 8

Requires that we behave reasonably towards people
- Professionals are held to a higher standard
- The duty of care depends on the level of knowledge

Question 9

Breach of Duty of Care

Answer 9

How careful would a reasonable person be in the same situation? (objective)

Question 10

Proximate cause or legal cause

Answer 10

What links the negligent act or action and the injury

Question 11

Feasability test

Answer 11

the harm caused by the careless act must be foreseeable

Question 12

Actual Harm

Answer 12

The victim must:
- Suffer an injury
- Have property destroyed
- Lose a lot of money

Question 13

Defenses to Negligence

Answer 13

• You owed no duty to the plaintiff
• You were as careful as a reasonable person would act in the same situation
• Your actions did not injure the plaintiff
• The victim wasn’t really injured

Question 14

Contributory Negligence

Answer 14

In some states - if the defendant can show the victim did something to cause their injuries - no matter how small their part played - the plaintiff loses the case

Question 15

Comparative Negligence

Answer 15

• The carelessness of both sides are compared
• The amt of monetary damages the plaintiff can in damages is reduced by the percent of their carelessness

Question 16

50% rule (comparitive negligence)

Answer 16

If the victim’s negligence was more than the defendant’s - they get no money

Question 17

Assumption of risk

Answer 17

When the plaintiff knew of the risks involved and still took the chance

Question 18

Strict liability or absolute liability

Answer 18

Legal doctrine which states that some activities are so dangerous that liability will always follow for any injury that results from the act or activities

Question 19

Product Liability

Answer 19

If you are injured by a defective product - the seller and the manufacturer of the product are liable

Question 20

Limits to Product Liability

Answer 20

• if the seller doesn’t usually sell the product - they aren’t liable
• if the damage was done to the product itself, no liability is found

Question 21

Wrongful Death Statutes

Answer 21

If an injured person dies - their family can bring a lawsuit against the negligent party