Missed Torts Rules Flashcards
(21 cards)
Prima Facie case for trespass of land
P must prove that:
(i) D’s intent to bring about a physical invasion on P’s land;
(ii) An act by the D pf physical invasion;
(iii) Causation
Is an intent to harm a requirement for trespass of land?
An intent to harm or cause injury is not necessary for liability ONLY an intent to enter on the land is req’d.
Intermediary’s Negligence
An intermediary’s negligent failure to discover a defect is NOT a superseding cause, and the D who supplied the defective product will be held liable along with the intermediary.
Indemnity in Strict Liability
Each supplier of a defective product will be liable to the P, but each has a right of indemnification against all PREVIOUS suppliers in the distribution chain.
If a person trespasses on someone’s land out of necessity, are they still liable for any damages on the land?
Yes, if it is PRIVATE NECESSITY. The person who trespasses may be liable for the damage they have caused.
Parental Duty of Care
Under common law, a parent is vicariously liable for the tortious conduct of a child. The parent may be held liable for her own negligence in allowing the child to do something that would harm another person or property.
Proximate Cause
As a general rule, the defendant is liable for all harmful acts that are normal incidents of and within the increased risk caused by his acts.
Indirect Cause Cases (Prox. Cause)
Where indirect cause cases are concerned, an independent intervening force may be foreseeable where the D’s negligence increased the risks that these acts would harm the P.
Criminal Acts by a 3rd Party
Criminal acts by a third party do not cut off D’s liability for negligence, if the D’s negligence created a foreseeable risk that a 3rd party would commit the crime.
(One of the) Duties owed by Doctors to Patients
Duty to provide a patient with enough information about the risks of a proposed course of treatment or surgical procedure to enable the patient to make an “informed consent” to the treatment. **NOTE that if this is breached in a fact pattern that there should also be the other elements of negligence for the P to recover (that will distinguish it from a battery)
If a person trespasses on someone’s land out of necessity, are they still liable for any damages on the land?
Yes, if it is PRIVATE NECESSITY. The person who trespasses may be liable for the damage they have caused.
Pure Comparative Negligence
Injured P may recover damages from a negligent D no matter how great his own negligence was.
Joint and Several Liability
When two or more tortious acts combine to create an indivisible injury, the P can recover the amount of fault from any D.**Keyword being indivisible.
If a person trespasses on someone’s land out of necessity, are they still liable for any damages on the land?
Yes, if it is PRIVATE NECESSITY. The person who trespasses may be liable for the damage they have caused.
Rule of Contribution
Under the rule of contribution, any D req’d to pay more than her share of damages has a claim against the other jointly liable party for excess.
If a person trespasses on someone’s land out of necessity, are they still liable for any damages on the land?
Yes, if it is PRIVATE NECESSITY. The person who trespasses may be liable for the damage they have caused.
If a person trespasses on someone’s land out of necessity, are they still liable for any damages on the land?
Yes, if it is PRIVATE NECESSITY. The person who trespasses may be liable for the damage they have caused.
Products Liability Mnemonic (CCC BoND)
C - Control (defect existed while in control of manufacturer)
C- Changes (no changes happened to product after it left manufacturer before reaching user)
C- Causation
B- Business (must be a business)
o- n/a
N- no privity requirement
D- Defective
When will intervening causes supersede?
Intervening causes will supersede when they are UNFORESEEABLE.
If a person trespasses on someone’s land out of necessity, are they still liable for any damages on the land?
Yes, if it is PRIVATE NECESSITY. The person who trespasses may be liable for the damage they have caused.
