2025 Torts Class Notes Flashcards
02/08/25
What are the three elements of trespass to land?
- Intent to enter another person’s property or commit the act that causes entry
- Tangible intrusion on the property in possession of another
- Physical harm not required
In Creel v. Crim, what is the rationale for indemnity?
It is fair to indemnify the innocent employee, shifting the entire burden to the employer.
How are damages for trespass measured?
By the difference in value of the land before and after the trespass occurred.
What is the definition of trespass according to Stukes v. Bachmeyer?
Trespass occurs when an unauthorized person:
1. Physically enters another’s land
2. Causes/permits a thing to cross the boundary of the property of another
3. Fails to remove from the land that which the person has a duty to remove.
True or False: Necessity is a complete defense to trespass.
True, but the defendant still needs to pay damages as appropriate.
In TL Crowther (Utah), what is the measure of damages for injury to trees on land?
A flexible one, based on reasonableness, either diminution in value or reasonable restoration costs.
What are the two types of nuisance?
- Private Nuisance
- Public Nuisance
What does liability for nuisance depend on?
The gravity of harm to the plaintiff versus the utility of the defendant’s conduct.
What is the gravity of harm analysis in nuisance claims?
Factors include:
1. Extent of harm
2. Character of harm
3. Social value attached
4. Suitability of particular use invaded
5. Burden of avoidance of harm.
What was the holding in Boomer v. Atlantic Cement Co. regarding economic loss?
The court’s damage calculation is for economic loss to their property, not for health concerns.
What is the definition of public nuisance?
Substantial and unreasonable interference with a right held in common by the general public, in health, safety, and convenience.
What is strict liability?
Liability without proof of intent or fault.
What activities are considered abnormally dangerous?
Activities that involve a high risk of injury despite precautions and are not commonly used.
What are the factors for determining abnormal danger?
- High degree of risk of some harm
- Likelihood that resultant harm will be great
- Inability to eliminate risk
- Not a common action
- Inappropriate to the place
- Value to the community outweighed by the dangerousness.
What must be proven for a products liability claim?
- Proper Parties
- Defectiveness (manufacturing, design, warning)
- Causation
- Scope of Liability
- Damages.
What constitutes a manufacturing defect?
A product made which varies from specifications in such a way that it causes injury.
What is the Restatement (Second) of Products Liability § 402A about?
A seller is liable for physical harm caused by a product in a defective condition unreasonably dangerous to the user or consumer.
Fill in the blank: The intent of the seller is ______ in strict liability cases.
not considered
What is the outcome of Escola v. Coca Cola regarding manufacturer liability?
A manufacturer incurs absolute liability when a product they placed in the market proves to have a defect that causes injury.
In Greenman v. Yuba Power Products, Inc., what is required to establish liability?
Injury occurred while using the product as intended and the injury was the result of a defect in design and manufacture.
What must be proven regarding the seller in a products liability case?
Seller is the proper defendant
What condition must the buyer maintain regarding the product?
Buyer can’t modify (must still be in the same condition as when manufactured)
What does ‘unreasonably dangerous’ mean?
Dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it
When must a product be considered dangerous?
Must be dangerous at the time it leaves the seller’s hands
