Torts

Question 1

Punitive Damages

Answer 1

Intentional Torts & Reckless Torts

NEVER negligence

Question 2

Compensatory Damages

Answer 2

Intentional Torts
Reckless Torts
Negligence

Question 3

Informed Consent Doctrine

Answer 3

Need harm and injury + failure to disclose caused patient to consent

Question 4

Res Ipsa Loquitur & Medical Teams

Answer 4

Under the doctrine of res ipsa loquitur, it can be inferred that every member of a medical team was negligent when (1) the patient suffered an unusual injury while unconscious during medical treatment and (2) at least one member of the team had control over the patient’s body or instrumentalities that might have caused the injury.

Question 5

Loss of Chance Doctrine

Answer 5

The loss-of-chance doctrine allows a plaintiff to recover in a wrongful death action based on medical malpractice if the defendant’s malpractice caused any reduction in the decedent’s chance of survival.

Question 6

Survival of Tort Actions

Answer 6

most states today have enacted survival statutes that enable the personal representative of a decedent’s estate to pursue any claims the decedent would have had at the time of death. This includes claims for damages resulting from both personal injury and property damage, such as:

the decedent’s medical expenses from the time of injury to the time of death; the decedent’s loss of income;
the pain and suffering the decedent

However, most states do not allow survival of tort actions involving intangible personal interests—eg, defamation, invasion of privacy

Question 7

Contributory Negligence Affirmative Defense

Answer 7

Serves only as a defense to negligence claims, not intentional tort claims like battery

Question 8

Attractive Nuisance Doctrine

Answer 8

Does not apply if children of the trespasser’s age could reasonably understand or discover the risk of the condition

Question 9

Bystander and Intentional Tort

Answer 9

When acting in self-defense, a defendant may be liable to a bystander for an intentional tort if the defendant intentionally uses force against the bystander.

Question 10

Mechanical Devices Used to Defend Property

Answer 10

reasonably necessary to protect property;
reasonably proportionate( cannot be unreasonably dangerous);
reasonable care is taken to make its use known;
not intended or likely to cause death or serious bodily harm

Question 11

Fraud

Answer 11

Intentional Misrepresentation or Deceit
Liability arises when
1) the defendant knowingly or recklessly misrepresents a material fact with the intent to induce the plaintiff’s reliance, and
2) the plaintiff reasonably relies on that misrepresentation and suffers pecuniary loss

Question 12

Trespass to Chattels

Answer 12

Plaintiff must prove one of the following harms:
1) actual harm to chattel
2) substantial loss of use of the chattel or
3) bodily harm to the plaintiff

Question 13

Defamation

Answer 13

Defendant knew statement was false or had substantial doubts about accuracy

Question 14

Strict Liability caused by a Defective Product

Answer 14

A commercial supplier is strictly liable for harm caused by a defective product that lacks adequate warnings if the legally sufficient warnings would have prevented the plaintiff’s harm

ONLY COMMERCIAL SUPPLIER LIABLE FOR STRICT PRODUCTS LIABILITY

Question 15

Private Nuisance

Answer 15

To have standing to sue for private nuisance, the plaintiff must have some possessory intent in that property (ownership, lease)

Question 18

Battery and Intent

Answer 18

Intent requirements can be satisfied by the intent to create the fear of harmful or offensive contact

Intending to frighten

Question 19

Emotional Distress

Answer 19

Once a plaintiff shows that defendant caused the physical harm, the plaintiff can ‘tack on’ emotional distress that resulted from his physical harm