Flashcards in Ch. 6 Torts Deck (39)
An intentional _____ is a civil wrong resulting from some deliberate conduct or from a situation where the conduct is substantially certain to occur. Key elements are an act, intent, and _________. This civil wrong enables a person to bring a ______.
tort; causation; lawsuit
__________ is a tort constituting a breach of duty owed by one person to another that causes harm to the non-breaching party's person or property. The key elements are duty, breach, causation, and _________.
In a tort suit, the plaintiff has the burden of proof, which required the party to present the evidence required to prove her case. This is referred to as presenting the "_____ facie" evidence because it is the ____ set of required evidence.
If the plaintiff fails to present prima facie the case is ________.
______ liability represents a tort for which a person will be held liable regardless of who is at fault.
_______ is in essence an improper touching of a person.
In order to establish prima facie case of battery, a plaintiff must prove that:
a. the defendant acted in a manner that caused some ________ or offensive contact to the plaintiff's person,
b. the defendant intended to cause such contact, AND
c. the defendant caused the contact or his actions set in motions something that caused the contact, which is referred to as __________.
A defendant will be deemed to have ______ either:
a. if they desired to bring about the contact, making it a ______ intent, or
b. if they knew with sufficient certainty that their actions would bring about the contact, making it a ________ intent.
intent; specific; general
An ______ occurs when one party cause the other to expect that a battery will be committed against them. In order to establish prima facie, the plaintiff must prove:
a. the defendant acted in a manner that caused the plaintiff reasonable _______________ that she would suffer immediate harmful or offensive contact to them,
b. the defendant intended to cause such apprehension, AND
c. there was causation, meaning the defendant caused the apprehension or his actions set in motion something that caused it.
Apprehension refers to an ____________ in this case, and not fear. Words alone are generally _____________ to create apprehension w/o some overt act such as a raised hand/fist.
_____________ intent occurs when a defendant intends to commit a tort against one party but
a. commits the tort against a different person
b. commits a different tort against the same person OR
c. commits a different tort against a different person
Intentional inflictions of ____________ distress occurs when a person causes extreme emotional distress to another person. To establish _____ _____, the plaintiff must prove:
a. the defendant engaged in extreme and outrageous conduct (that a reasonable person would find outrageous),
b. the defendant either intended to cause the plaintiff to suffer severe emotional distress, or recklessly disregarded the probability that their conduct would case such distress
c. there was ____________ because the defendant or something he set in motion caused the distress AND
d. the plaintiff suffered _________.
emotional; prima facie; causation; damages
The defendant can raise a number of ________ to avoid liability for an intentional tort.
a. If the plaintiff gives them _______ to the defendant's act
b. if the defendant's action constituted ____-________, which represents situations in which a person reasonably believes her actions are necessary to protect themselves from physical harm. In this case, they can only use the amount of force necessary to protect themselves from harm OR
c. a person may use the ______ of others if their actions were designed to protect another person, who could have acted in self-defense.
defenses; consent; self-defense; defense
A prima facie case of __________ requires the plaintiff prove:
a. the defendant owed a duty to the plaintiff
b. the defendant breached the duty
c. the breach was the actual and proximate cause of the plaintiff's injury AND
d. the plaintiff suffered damage to her person or property.
The general standard of ____, is a "reasonable person standard", which is an objective standard an required that a person act in a manner that an average prudent person exercising reasonable care would act.
The standard of care of a ______________ requires them to act with the knowledge or skill consistent with their profession,
The standard of care for ________ requires them to act with the care that a reasonable child of a similar age, intelligence, and experience.
As a general matter, people are not under and affirmative ____ to act. If someone is in danger, there is no duty to help the avoid danger. Once someone acts for the benefit of another, they are then under a duty to perform their actions with _______________ care.
"____ __________" statutes that allow people who voluntarily aid others to avoid liability for negligence unless the actions fall significantly below the appropriate standard of care.
A defendant will have __________ her duty when they fail to exercise the standard of care applicable to their actions.
A breach of duty will be established by the principle of "res ___ Loquitor" which means "the thing speaks for itself" and is used in circumstances where a particular action generally occurs as a result of a breach of someone's duty.
To use Res Ipsa Loquitor, a plaintiff must establish that:
a. the harm would not ordinarily occur w/out someone's negligence,
b. the instrument creating the harm was under the sole and complete control of the __________ AND
c. the hard did not result from the plaintiff's own _______
Causation includes two factors:
1. _____ cause
2. _________ cause
Actual and Proximate
_____ cause refers to finding that the plaintiff's injury was the "cause in fact" of the defendant's actions.
________ cause is essentially a forseeability test, and operates to limit actual cause to those consequences that a plaintiff can prove represented a foreseeable result of the defendant's actions.
Sometimes, an event will occur after a defendant's actions that will contribute to a plaintiff's harm, knows as an ____________ cause or force. If such force is foreseeable, the defendant will be liable for the harm.
A plaintiff may ________ for all of her injuries, even if the extend of the injuries was not foreseeable. They can also recover for damages to her _______, and if the act was willful or reckless, they can recover _______ damages.
recover; property; punitive
True / False: The plaintiff can recover those damages that could have been avoided with the exercise of reasonable care.
_____________ negligence is a defense negligence that refers to situations in which the plaintiff's own negligence has contributed to her harm.