Attack

Question 1

Intentional Torts: Prima Facia Case Elements

Answer 1

Must mention intent

Question 2

Intentional Torts: Affirmative Defenses

Answer 2

1. Consent
2. Self-defense
3. Defense of Property
4. Private/Public Neccessity

Question 3

Negligence: Elements

Answer 3

1. Duty
2. Breach
3. Causation
4. Proximate Cause
5. Injury

Question 4

Negligence: Duty

Answer 4

1. To whom you owe a duty
2. How much care is owed
3. Land owners and occupiers

Question 5

Negligence: Breach of Duty

Answer 5

1. Negligence per se (violating a statue)
2. Custom
3. Res Ipsa Loquitor

Question 6

Negligence: Causation

Answer 6

1. Cause in fact/”But-for” test
2. Substantial Factor Test
3. Alternative Liability (Summers v. Tice)
4. Direct v. Indirect Cause; Intervening and Superseding
5. Act in Concert

Question 7

Negligence: Injury

Answer 7

Personal Injury: past & future medical expenses, lost income, pain and suffering

Question 8

Negligence: Affirmative Defenses

Answer 8

1. Contributory Negligence (abolished)
2. Assumption of Risk (Express or Implied)
3. Comparative Negligence (pure v modified)