Rules - Torts

Question 1

Prima facie case for any intentional tort

Answer 1

1. A volitional act by the defendant
2. Intent by the defendant
3. Causation of the result to the plaintiff from the defendant’s act

Question 2

Elements of battery

Answer 2

1. Harmful or offensive contact
2. Contact must be with the plaintiff’s person

Question 3

Elements of assault

Answer 3

1. Act by the defendant creating a reasonable apprehension (awareness) in the plaintiff
2. Of an immediate battery (harmful or offensive contact)

Question 4

Elements of false imprisonment

Answer 4

1. An act or omission on the part of the defendant that confines or restrains the plaintiff
2. The plaintiff must be confined to a bounded area

Question 5

Elements of Intentional Infliction of Emotional Distress

Answer 5

1. An act by the defendant amounting to extreme and outrageous conduct
2. The plaintiff must suffer severe emotional distress

Question 6

Elements of trespass to land

Answer 6

1. Physical invasion
2. Of the plaintiff’s real property

Question 7

Elements of trespass to chattels

Answer 7

1. Act by the defendant
2. That interferes with the plaintiff’s right of possession in a chattel

Question 8

Elements of conversion

Answer 8

1. An act by the defendant
2. That interferes with the plaintiff’s right of possession in a chattel
3. Interference is serious enough in nature to warrant that the defendant pays the chattel’s full value

Question 9

Elements of shopkeeper’s privilege

Answer 9

1. A reasonable belief as to the fact of theft
2. The detention must be conducted in a reasonable manner and only nondeadly force can be used
3. the detention must be only for a reasonable period of time and only for the purpose of making an investigation

Question 10

Elements of prima facie case for negligence

Answer 10

1. A duty on part of defendant to conform to a specific standard of conduct
2. a breach of that duty by the defendant
3. the breach is the actual and proximate cause of the defendant’s injury
4. damages

Question 11

requirements for statutory standard of care to apply

Answer 11

1. the plaintiff is within the protected class
2. the statute was designed to prevent the type of harm suffered by the plaintiff

Question 12

Elements of res ipsa loquitur

Answer 12

1. The accident causing the injury is a type that is normally associated with negligence
2. the negligence is probably attributable to the defendant

Question 13

elements of strict liability in products liability

Answer 13

1. the defendant is a merchant
2. the product is defective
3. the product was not substantially altered since leaving the defendants control
4. the plaintiff was making a foreseeable use of the product at the time of the injury

Question 14

elements of defamation

Answer 14

1. A defamatory statement that specifically identifies the plaintiff
2. published to a third party
3. falsity of the defamatory language
4. fault on part of the defendant
5. damage to the plaintiff’s reputation