Torts

Question 1

Intentional Tort Prima Facie Case

Answer 1

Voluntary Act
Intent
Causation
Harm

Question 2

Transferred Intent Applicable Torts

Answer 2

Assault
Battery
False Imprisonment
Land Trespass
Chattel Trespass

Question 3

Trespass of Property

Answer 3

Physical invasion by person / object

Of land

Question 4

Trespass to chattels

Answer 4

Slight / minor interference w/ chattel such as dispossession or intermeddling

Question 5

Conversion

Answer 5

Interference w/ right of possession (significant)
Intent to interfere
Causation
Damages

Question 6

Assault

Answer 6

Reasonable apprehension

Of immediate harmful / offensive contact (battery)

Question 7

Battery

Answer 7

Act that brings about harmful / offensive contact to person

Intent to bring about harmful / offensive contact

Causation

Question 8

False Imprisonment

Answer 8

Act / omission that confines / restrains to a bounded area

Intent to confine / restrain

Confinement caused by D

Question 9

Intentional Infliction of Emotional Distress

Answer 9

Intentional / reckless act

Of extreme / outrageous conduct

Causes severe mental distress

Question 10

Self-Defense

Answer 10

Reasonable & necessary use of force to protect against injury

When reasonably believe being / about to be attacked

Question 11

Defense of Property

Answer 11

Must request P to stop / leave unless effort is futile

Reasonable force allowed to defend from tortious interference (never deadly)

Question 12

Public Necessity

Answer 12

Absolute privilege: no liability

Question 13

Private Necessity

Answer 13

Qualified: pay compensatory damages

Question 14

Negligence

Answer 14

Duty
Breach
Causation
Damages

Question 15

Duty

Answer 15

Responsibility to foreseeable victims to act as an objectively reasonable person acting under similar circumstances

Question 16

Children Standard of Care

Answer 16

<5 no std
5-18: hypothetical child of similar age, experience, & intelligence
If child engages in an adult activity revert to default std of care

Question 17

Professional

Answer 17

Did they provide the same care as an average member of their profession (national) providing similar services would have?

Question 18

Unknown trespassers

Answer 18

Not a foreseeable victim & owed no duty

Question 19

Known trespasser

Answer 19

Duty to warn / make safe artificial hazards

That are highly dangerous

Concealed from trespasser

Known in advance to possessor

Question 20

Licensees

Answer 20

Make safe / warn known to possessor but not obvious dangers that are concealed from licensee

Question 21

Invitee

Answer 21

Full duty of reasonable care including reasonable inspection

Dangers concealed from invitee

Possessor knew about in advance OR could discover through reasonable inspection

Question 22

Attractive Nuisance

Answer 22

Dangerous artificial condition on land that p/or knows / should have known

P/or knows / should’ve known children might trespass on land (attraction does not need to cause trespass)

Condition likely to cause injury bc children cannot appreciate the risk

Cost to remedy is slight compared to the level of risk

Question 23

Negligence per se

Answer 23

P member of class statute designed to protect

Accident one of risks statute trying to prevent

Question 24

Negligence per se exceptions

Answer 24

Compliance w/ statute would have been more dangerous

Compliance would be impossible or out of D’s control

Question 25

When does D assume a duty to act (rescue etc.)?

Answer 25

Special relationship: pre-existing, innkeepers, common carriers, & shopkeepers OR If D causes peril / another's injury, D assumes the duty to make reasonable efforts to rescue or aid

Question 26

Negligent infliction of emotional distress

Answer 26

Duty to avoid negligent infliction of emotional distress when creates foreseeable risk of physical injury or does foreseeably injury a 3d pty that leads to emotional distress

Question 27

Negligent infliction of emotional distress: Near miss

Answer 27

P w/n zone of danger P suffers physical symptoms from distress

Question 28

Negligent infliction of emotional distress: bystander

Answer 28

Victim & bystander are closely related P present at scene P observed event

Question 29

Negligent infliction of emotional distress: pre-existing business relationship

Answer 29

Highly foreseeable that careless performance will produce emotional distress

Question 30

Employer's duty as employer

Answer 30

Duty to all those who may foreseeably come into contact w/ empee to exercise due care in hiring supervision & retention

Question 31

Proving breach: res ipsa loquitor

Answer 31

P lacks information about D's actual breach Accident is one that is normally associated w/ negligence Accident would normally be due to negligence of someone in D's position

Question 32

Defamation

Answer 32

A defamatory message Communicated to a 3d pty Falsity of defamatory language Fault on D That damages P's reputation

Question 33

Invasion of Privacy Causes of Action

Answer 33

Appropriation of name / likeness for commercial purposes Intrusion of P's affairs / seclusion False Light Public disclosure of private facts

Question 34

Strict Liability Prima Facie Case

Answer 34

Absolute duty to make safe based on D's activity Danger is actual & proximate cause Damage to person / property

Question 35

Abnormally dangerous activity

Answer 35

Foreseeable risk of serious harm even with reasonable care Not an activity of common usage in community

Question 36

Products Liability

Answer 36

D is a merchant Defective product Control P making a foreseeable (not just intended / appropriate) use of product @ time of injury

Question 37

Employer-employee vicarious liability: negligence

Answer 37

Respondeat superior Liable for empee acting w/n scope of empt @ time of accident Detours not frolics

Question 38

Employer-employee vicarious liability: intentional torts

Answer 38

Generally not liable bc outside scope of empt EXCEPT Acting to further empr's purpose Force is authorized (bouncer) Friction generated by empt (bill collector)

Question 39

Vicarious Liability: Independent K

Answer 39

Generally not liable for torts committed EXCEPT Independent K engaged in inherently dangerous activities Duty is nondelegable (keeping customers safe on business premises)