Torts

Question 1

What are the three elements required to establish a prima facie case for an intentional tort?

Answer 1

• Voluntary Act
• Intent
• Causation

The defendant’s actions must be voluntary, they must have specific or general intent, and their conduct must be a substantial factor in bringing about the harm.

Question 2

Define ‘specific intent’ in the context of intentional torts.

Answer 2

An actor has specific intent when the actor acts with the purpose of causing the consequence.

Specific intent focuses on the aim or purpose behind the action.

Question 3

What is ‘general intent’ in relation to intentional torts?

Answer 3

An actor has general intent when the actor knows that the consequence is substantially certain to occur.

General intent does not require the actor to desire the specific harm, only to be aware of the likelihood of its occurrence.

Question 4

What does the transferred intent doctrine allow?

Answer 4

The defendant to be held liable when they intend to commit an intentional tort against one person but instead commits:
* A different intentional tort against the same person
* The same intentional tort against a different person
* A different intentional tort against a different person

This doctrine applies to torts such as assault, battery, false imprisonment, trespass to land, and trespass to chattels.

Question 5

What constitutes a battery?

Answer 5

A battery occurs when the defendant:
* Causes or is a substantial factor in bringing about
* Harmful or offensive contact
* To the plaintiff’s person
* Has specific or general intent

Harmful contact causes injury, pain, or illness, while offensive contact offends a person of ordinary sensibility.

Question 6

What is the definition of assault?

Answer 6

An assault occurs when the defendant:
* Causes or is a substantial factor in bringing about
* Reasonable apprehension in the plaintiff
* Of imminent harmful or offensive bodily contact to the plaintiff’s person
* Has specific or general intent

The plaintiff must be aware of the defendant’s actions to have reasonable apprehension.

Question 7

What is false imprisonment?

Answer 7

A false imprisonment occurs when the defendant:
* Causes or is a substantial factor in bringing about
* The confinement of the plaintiff within fixed boundaries
* Has specific or general intent

The plaintiff must be aware of the confinement or be harmed by it.

Question 8

What is required for Intentional Infliction of Emotional Distress (IIED)?

Answer 8

IIED occurs when the defendant:
* Acts with extreme or outrageous conduct
* Causes or is a substantial factor in bringing about severe emotional distress
* Has intent to cause severe emotional distress or acts with recklessness

Unlike other intentional torts, reckless conduct can satisfy the intent requirement.

Question 9

What constitutes trespass to land?

Answer 9

A trespass to land occurs when the defendant:
* Causes or is a substantial factor in bringing about
* A physical invasion of the plaintiff’s real property
* Has specific or general intent

The invasion can be by a person or an object.

Question 10

Define trespass to chattels.

Answer 10

A trespass to chattels occurs when the defendant:
* Causes or is a substantial factor in bringing about
* An interference with the plaintiff’s right of possession in a chattel
* Has specific or general intent

Interference can occur through intermeddling or dispossession.

Question 11

What is conversion?

Answer 11

A conversion occurs when the defendant:
* Causes or is a substantial factor in bringing about
* An interference with the plaintiff’s right of possession in a chattel
* The interference is so serious that it deprives the plaintiff entirely of the use of the chattel
* Has specific or general intent

The interference must warrant requiring the defendant to pay the chattel’s full value.

Question 12

What is the defense of consent in intentional torts?

Answer 12

The plaintiff’s consent to the defendant’s conduct is a defense to intentional torts, provided that:
* The consent was valid
* The defendant’s conduct remained within the boundaries of the plaintiff’s consent

Consent can be express or implied.

Question 13

What are the criteria for self-defense?

Answer 13

A defendant is NOT liable for harm if:
* They reasonably believed the plaintiff was going to harm them or another
* They used only the amount of force that was reasonably necessary and proportionate

A reasonable mistake regarding the existence of danger is allowed.

Question 14

What is the defense of necessity?

Answer 14

The defense of necessity is available when the defendant:
* Enters onto the plaintiff’s land or interferes with their property to prevent an injury or severe harm

Private necessity requires the defendant to pay for actual damages caused, while public necessity does not impose liability for property damage.

Question 15

What are the four elements of a prima facie case for negligence?

Answer 15

• The defendant owed a duty to the plaintiff
• The defendant breached that duty
• The breach was the actual and proximate cause of the plaintiff’s injuries
• The plaintiff sustained actual damages or loss

These elements must all be established to prove negligence.

Question 16

To whom is a duty of care owed?

Answer 16

A duty of care is owed to all foreseeable plaintiffs that may be harmed by the defendant’s breach of the applicable standard of care.

There are different views on the scope of this duty, with majority and minority approaches.

Question 17

What creates an affirmative duty to act?

Answer 17

An affirmative duty to act arises if the defendant:
* Places the plaintiff in danger
* Has a special relationship with the plaintiff
* Has a duty to act imposed by law
* Begins to administer aid or attempt to rescue

If aid is chosen, the person is liable for injuries caused by their failure to exercise reasonable care.

Question 18

What is the reasonable person standard?

Answer 18

The reasonable person standard is that of a reasonably prudent person under the circumstances, as measured by an objective standard.

This standard presumes average mental abilities and knowledge.

Question 19

How are children held in terms of standard of care?

Answer 19

Children are held to the standard of care of a reasonably prudent child of similar age, experience, and intelligence under the circumstances.

If engaged in adult activities, the child is held to an adult standard.

Question 20

What is the standard of care for professionals?

Answer 20

Professionals are expected to exhibit the knowledge and skill of a member of the profession in good standing in similar communities.

This applies to professions such as nurses, lawyers, and engineers.

Question 21

What is the Attractive Nuisance Doctrine?

Answer 21

The Attractive Nuisance Doctrine holds landowners liable for harm to children attracted to hazardous conditions on their property.

Landowners must take reasonable steps to protect children from these dangers.

Question 22

What is the duty of care owed by landowners to entrants on their land?

Answer 22

Landowners owe a duty of reasonable care to ALL entrants regardless of status as invitees or licensees in certain states.

This approach simplifies the traditional distinctions and applies a reasonable person standard.

Question 23

What are the four conditions for the Attractive Nuisance Doctrine?

Answer 23

1. Artificial condition exists where children are likely to trespass.
2. Condition poses an unreasonable risk of harm.
3. Children do not appreciate the danger.
4. Risk of harm outweighs expense of making safe.

This doctrine protects child trespassers from hazardous conditions.

Question 24

Define negligence per se.

Answer 24

Negligence per se occurs when a statute imposes a specific duty, and a violation causes harm to a protected class.

The violation must be the proximate cause of the injury for liability.

Question 25

What does 'res ipsa loquitur' mean?

Answer 25

'Res ipsa loquitur' means 'the thing speaks for itself,' used when negligence is obvious from the circumstances. ## Footnote It requires showing that the accident does not occur without negligence and was caused by something under the defendant's control.

Question 26

What is the difference between actual cause and proximate cause?

Answer 26

Actual cause is shown if the injury would not have occurred but for the defendant's breach. Proximate cause shows the injury was a foreseeable result of the conduct. ## Footnote Intervening causes can affect liability; unforeseeable causes cut off liability.

Question 27

Explain the Eggshell Plaintiff Rule.

Answer 27

The Eggshell Plaintiff Rule holds that a defendant is liable for all harm suffered by the plaintiff, even if the harm is aggravated by a preexisting condition. ## Footnote This means defendants must take their victims as they find them.

Question 28

What is the doctrine of respondeat superior?

Answer 28

Under respondeat superior, an employer is liable for torts committed by an employee if the tort occurs within the scope of employment. ## Footnote Key factors include control over the employee's work and whether the conduct was authorized.

Question 29

What are the three ways a plaintiff can recover for Negligent Infliction of Emotional Distress (NIED)?

Answer 29

1. Zone of Danger. 2. Bystander Recovery. 3. Special Relationship. ## Footnote Each method has specific criteria that must be met for recovery.

Question 30

What is joint and several liability?

Answer 30

Joint and several liability means each defendant is independently liable for the full extent of damages. ## Footnote A plaintiff can collect the entire judgment from any one defendant.

Question 31

How does alternative liability work?

Answer 31

Alternative liability allows a plaintiff to shift the burden of proof to defendants when it's unclear which defendant caused the harm. ## Footnote This applies even if only one defendant caused the harm.

Question 32

What is the purpose of indemnification in torts?

Answer 32

Indemnification allows a passive tortfeasor to recover full reimbursement from an active tortfeasor. ## Footnote This typically arises in vicarious liability situations.

Question 33

What is contributory negligence?

Answer 33

Contributory negligence is a defense that bars recovery if the plaintiff's negligence contributed to their injury, unless the defendant engaged in willful misconduct. ## Footnote This rule is not applicable to intentional torts.

Question 34

What are the two types of comparative fault?

Answer 34

1. Pure Comparative Negligence. 2. Modified Comparative Negligence. ## Footnote Each type addresses how a plaintiff's fault affects their recovery differently.

Question 35

What is strict liability?

Answer 35

Strict liability holds a defendant liable for damages regardless of negligence, usually in cases involving animals, abnormally dangerous activities, or defective products. ## Footnote This liability does not require proof of fault.

Question 36

What are the requirements for a products liability claim?

Answer 36

1. The product was defective. 2. The defect existed when the product left the defendant's control. 3. The defect caused the plaintiff's injury. ## Footnote Defects can be in manufacture, design, or failure to warn.

Question 37

What constitutes defamation?

Answer 37

Defamation occurs when a false statement is published that diminishes respect for the plaintiff. ## Footnote The statement must be communicated to a third party.

Question 38

What is defamation?

Answer 38

Defamation occurs when the defendant publishes a false statement that harms the reputation of a plaintiff. ## Footnote Defamation includes both libel (written) and slander (spoken) statements.

Question 39

What are the four elements required to prove defamation?

Answer 39

* Publication of the statement * A defamatory statement * Of or concerning the plaintiff * Causing damage to the plaintiff’s reputation ## Footnote Each element must be established to prove a case of defamation.

Question 40

What does the term 'publication' refer to in defamation?

Answer 40

The statement must be communicated to a third party who understands the content of the statement. ## Footnote A person who merely repeats a defamatory statement may still be held liable.

Question 41

What type of statement qualifies as defamatory?

Answer 41

The statement must be false and NOT an opinion, usually diminishing respect toward the plaintiff. ## Footnote Opinions are not considered defamatory.

Question 42

What is required to establish that a statement is 'of or concerning the plaintiff'?

Answer 42

A reasonable person must believe that the defamatory statement referred to this particular plaintiff. ## Footnote This element ensures that the statement is linked to the plaintiff.

Question 43

What are the fault requirements for public officials and public figures in defamation cases?

Answer 43

They must prove actual malice, showing that the statement was made with knowledge of its falsity or with reckless disregard for the truth. ## Footnote Actual malice is a higher standard than negligence.

Question 44

What is the standard of proof for private individuals in defamation cases?

Answer 44

They need to prove that the statement was false and that the speaker was at least negligent. ## Footnote This applies if the defamatory statement is a matter of public concern.

Question 45

What limitations exist on damages for public officials and public figures in defamation cases?

Answer 45

They can only recover actual proven damages, with no punitive or presumed damages. ## Footnote This limits the compensation available for public figures.

Question 46

What types of damages can a private individual recover if the defamatory statement is a matter of public concern?

Answer 46

They can only recover actual damages unless they show actual malice. ## Footnote This distinction is important for determining potential compensation.

Question 47

What is the difference between libel and slander?

Answer 47

* Libel: Written, printed, or recorded statement * Slander: Spoken statement that is not recorded ## Footnote Libel allows for recovery of general damages without proof of harm, while slander typically requires proof of special damages.

Question 48

What are the four categories of slander per se?

Answer 48

* Statements that impugn the business integrity or skill of the plaintiff * Statements of unchastity about an unmarried woman * Statements of the plaintiff having a loathsome disease * Statements attributing a crime of moral turpitude to the plaintiff ## Footnote Slander per se allows recovery without the need to prove special damages.