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Flashcards in Purple Add-ons Deck (62):
1

If two friends are engaging in horseplay, will there always be a battery?

Sometimes there is an argument for consent in that situation

2

Because IIED is so subjective about what is outrageous, generally an answer that indicates this on the exam is what?

Wrong

3

If an examiner wants you to pick IIED, The question will involve what?

Conduct that is super obviously outrageous, so much so that no reasonable person could think otherwise

4

And a joke be actionable under IIED?

Only if it transcends all bounds of decency in a civilized society

5

If emotional distress is only attributable to property damage, and there is no tangible physical manifestation of it, can there be a claim for IIED?

Usually no

6

What Is the controlling issue in a nuisance case?

Whether or not the person can abate the nuisance without unreasonable expense compared to the harm to the plaintiff's use of the land if the nuisance continues unabated

7

Where does nuisance Liability come from?

The harm done, not the actor's the state of mind

8

If someone refuses to abate a nuisance, after being requested to do so, his continued interference with the neighbor's property is considered what?

An intentional tort which is enough for malice, intent to injure, and can be inferred from the continued operation of the nuisance, so the court can award punitive damages

9

What does the "different in kind" issue for public nuisance mean?

If your injury is puking and stomachaches from a pig farm's smell, and everyone else is just annoyed by the smell, you haven't suffered a different injury in kind to compare it with the others

10

When are injunctions given for nuisance?

When The legal remedy is in adequate because money damages won't solve the problem, the interference is one of a continuing nature, and the balance of equity tips in favor of the plaintiff

11

What does it mean for the balance of equity to tip in favor of the plaintiff for an injunction for nuisance?

Hardship to the defendant versus hardship to the plaintiff and community

12

If you rip a page from someone's book, would that be considered conversion?

Not, because it wouldn't be destruction of the book it would just be mere intermeddling

13

If a patient gives consent for an operation to be performed by her doctor, but a specialist ends up doing the operation instead, and he does a wonderful job, is that a battery?

Yes because the plaintiff didn't consent to the operation being done by that person

14

If a doctor performs surgery to find out what is wrong with your stomach, and when he gets in there he finds an abscess, can he remove it right then without being charged with a battery?

Yes, because the consents to find the cause of the harm would be enough to justify removing what was causing it, so the court would find implied consent because removal was ultimately necessary to protect the plaintiff's life

15

Can contributory negligence be a defense to intentional torts?

Never

16

If two people agree to fight, have they consented to one another's batteries?

No, because their fight was considered a breach of the peace

17

If a breach of the peace is involved, can it be held that the participants consented?

No, public interest requires that they be held liable for their torts

18

If a police officer makes a reasonable mistake and arrests someone that is actually innocent of a misdemeanor charge, is there police privilege for this?

Majority: no, minority: yes

19

If you have a warrant and you mistakenly arrest the twin brother of the person you have a warrant for, is there a privilege?

No, you can only arrest the person named in the warrant

20

You can't be liable for negligence unless your conduct was what?

Unreasonable

21

What is a testing trick for an answer pick that states a finding of fact, like whether or not a 10-year-old can understand the dangers of using a stick?

Since this is not a simple yes or no answer, but a matter of opinion that would be a question for the jury, this should be eliminated

22

What standard are learners or beginners in an activity that involves a known risk to others held to?

The same standard as experienced people

23

If you are a therapist, and your patient is bent on committing suicide, do you have a duty to warn others about this?

No, because he doesn't present a risk of harm to other people, so you have to abide by your confidentiality rule

24

When would a doctor be held liable if he was administering aid under the good Samaritan rule?

If he acted recklessly, willfully/wantonly in causing injury

25

For NIED, most states say the plaintiff had to have been subjected to what?

Actual impact or threat of it, but minority says it's okay if it was a close family member who had contemporaneous observance

26

Common carriers owe a duty to choose the course of action that is what?

Least likely to expose passengers to risk of harm

27

If a plane gets hijacked and is being used to fly to Cuba, under the common carrier doctrine, what should the common carrier do?

Since it would be less harmful to let the plane fly there than to start a gun battle on board, they should let it happen

28

If a carpool involves the sharing of expenses for consideration, what status does that give riders?

Passenger status

29

What is necessary to show joint enterprise?

Joint control, so just sharing expenses is not enough

30

Do Carpools create joint enterprises?

No, because there is no mutuality of control

31

Res Ipsa Loquitur only applies to situations where a lay jury could say what?

That the accident wouldn't usually happen without negligence

32

If a situation involves complex machinery beyond the experience of an ordinary jury, does Res Ipsa Loquitur apply?

No, because a lady jury couldn't say whether not that accident would happen without negligence

33

In order for Res Ipsa Loquitur to apply, the instrumentality must've been what?

Under the defendant's exclusive control

34

If a period of time is relatively short, like 15 minutes, and no other explanation appears for something like a parked car rolling backwards, what can be inferred?

That the driver was negligent in parking the car

35

What are the two different views about Landlord's having a duty to their tenant's guests?

- Old view: duty is limited to those he is in privity with
- modern: owes the same duty to guests as he does to the tenant

36

What is the landlord's duty with regard to common areas?

He is treated as the land occupier of common areas and is liable to both tenants and visitors in those areas with no privity issues

37

If a non-customer uses a bathroom in a store or restaurant, what is the duty owed?

Even though they might not be a customer, because the premises is open for public admission, washroom users are treated as invitees, so they're owed a duty to use due care to inspect and discover dangerous conditions and to make them safe

38

If someone slips in water that was left on a bathroom floor for many hours, can liability fall on the landowner?

Yes, Because he had time to discover it and remedy it

39

The last clear chance doctrine overrides what?

The contributory negligence rule

40

Last clear chance doctrine only applies when who is contributorily negligent?

Plaintiff, and not the plaintiff's spouse or someone else

41

If your husband and the boat driver were both a negligent and it resulted in you ending up overboard, with the last clear chance doctrine bar you from recovery?

No, because you weren't contributorily negligent in creating your own injuries

42

The last chance doctrine is what to the contributory negligence defense?

An exception

43

What does a person have to actually know in order to assume the risk of an activity?

The possibility of that injury and he must voluntarily choose to encounter it

44

Is it relevant what a reasonable person would know for assumption of the risk?

No, The question is what the plaintiff actually knew about the risks involved

45

If the plaintiff didn't actually suffer an injury, can he prevail for medical malpractice?

No

46

If a doctor didn't tell you there was a 2% chance of death from surgery, and you have the surgery and everything goes well, can you sue for medical malpractice?

No, Because you weren't actually injured

47

Professional malpractice cases require all of the elements of what?

A normal negligence claim

48

If a professional didn't act reasonably in rendering professional services, but his conduct didn't cause the harm to the plaintiff, is he liable under malpractice?

No, because all of the elements of negligence apply and causation would be missing

49

What is the overriding standard for malpractice?

Defendant has to demonstrate at least a minimal degree of competence required by a member of the profession in good standing

50

What is The only time that the community standard is applied for malpractice?

If there is a close call

51

What is unclean hands?

A policy-based doctrine that bars a plaintiff from bringing suit when his own behavior has been reprehensible

52

Strict Liability only applies to injuries caused by wild animals if the defendant is the what?

Owner

53

If a bear attacks someone on the defendants campground, is assumption of the risk of defense?

Only if the plaintiff actually knew of the danger

54

If you don't know that bears actually live on a campground, and you get attacked by a bear, did you assume the risk?

No

55

Is it considered malicious if you print allegations that come from a reliable source?

No

56

Does failure to warn apply to manufacturing defect?

No

57

What is The only time a plaintiff can recover for slander?

If you can prove special damages of a pecuniary nature

58

What is the exception to the rule that you have to prove special damages of a pecuniary nature to recover for slander?

Slander per se

59

Under slander per se, the statement was so horrible that the reputational injury is what?

Presumed by its very utterance so special damages are required before the plaintiff can recover general damages

60

If you've made a reasonable mistake about whether consent was given, can that be a defense to invasion of privacy?

No

61

If The harm wasn't reasonably foreseeable, will courts hold you strictly liable?

Usually
Not

62

What are the most Heavily tested areas of torts?

Negligence, intentional torts, defamation, products liability, strict liability