TORTS

Question 1

What are the elements of Intentional Torts?

Answer 1

1) voluntary ACT
2) INTENT –> desire to bring about action OR knowing with substantial certainty it would result
3) CAUSATION –> but for

Question 2

What is Battery?

Answer 2

Battery is the 1) INTENTIONAL INFLICTION of harm 2) HARMFUL or OFFENSIVE/UNPERMITTED CONTACT 3) to P’s PERSON.

Question 3

What constitutes Assault?

Answer 3

Assault is an 1) INTENTIONAL ACT 2) that causes P to be placed in REASONABLE APPREHENSION of imminent harmful or offensive contact to P’s person.

Question 4

What is False Imprisonment?

Answer 4

False Imprisonment is an 1) INTENTIONAL ACT 2) to CONFINE OR RESTRAIN P in BOUNDED AREAS 3) P is AWARE of confinement or harmed by it.

Question 5

What are the elements of Intentional Infliction of Emotional Distress (IIED)?

Answer 5

IIED is 1) INTENTIONAL or RECKLESS CONDUCT 2) that was EXTREME and OUTRAGEOUS 3) that causes extreme emotional distress 4) P actually suffers severe emotional distress.

Question 6

What is Trespass to Land?

Answer 6

Trespass to Land occurs when D 1) INTENTIONALLY INTERFERES or INVADES P’s interest in land 2) without permission.

Question 7

What is Trespass to Chattel?

Answer 7

Trespass to Chattel occurs when D 1) INTENTIONALLY INTERFERES with P’s use of PERSONAL PROPERTY AND 2) the damage is small.

Question 8

What is Conversion?

Answer 8

Conversion occurs when D 1) INTENTIONALLY INTERFERES with P’s PERSONAL PROPERTY 2) and damage is substantial.

Question 9

What is Consent?

Answer 9

Consent can be EXPRESS/ACTUAL or IMPLIED; capacity of P to give consent is required.

Question 10

What is Self-defense?

Answer 10

Self-defense: D is NOT liable if she 1) REASONABLY BELIEVES P was going to harm him/other AND 2) used REASONABLE FORCE necessary to prevent harm.

Question 11

What is Defense of Property?

Answer 11

Defense of Property allows use of REASONABLE FORCE to defend property BUT NOT deadly force.

Question 12

What is Necessity?

Answer 12

Necessity: D is NOT liable if D’s intrusion was REASONABLY NECESSARY to prevent serious harm to herself/3rd parties/property.

Question 13

What is Recapture of Chattels?

Answer 13

Owner may take prompt action and use reasonable, non-deadly force to recover chattel; must first make demand to return unless dangerous/futile.

Question 14

What is Shopkeeper’s Privilege?

Answer 14

Shopkeeper’s Privilege allows a merchant to 1) TEMPORARILY detain 2) for investigatory purposes if there was a 3) REASONABLE BELIEF OF THEFT.

Question 15

What are the elements of Negligence?

Answer 15

Plaintiff must show 1) DUTY of CARE 2) BREACH of that DUTY 3) CAUSATION 4) DAMAGES.

Question 16

What is Duty of Care?

Answer 16

Duty of Care is the legal duty to behave like a REASONABLY PRUDENT PERSON in the same circumstance to all FORSEEABLE P’s.

Question 17

What is the Reasonably Prudent Person Standard?

Answer 17

Everyone owes a duty to act as a reasonable person would under the same circumstances; varies for children, professionals, and disabled.

Question 18

What is Breach of Duty?

Answer 18

Breach of Duty occurs when a person does not behave as an objectively, reasonably prudent person would.

Question 19

What is Negligence Per Se?

Answer 19

Negligence Per Se applies when 1) D violated a statute without excuse 2) P was in the class of people the statute is trying to protect 3) P’s injury was what the statute was trying to prevent.

Question 20

What is Res Ipsa Loquitur?

Answer 20

Res Ipsa Loquitur can be used when 1) the injury is the kind that does not happen in the absence of negligence 2) other causes can be eliminated.

Question 21

What is Causation?

Answer 21

Causation requires P to show D’s conduct was both actual and proximate cause of P’s injuries.

Question 22

What is the Eggshell Skull Rule?

Answer 22

D takes his victim as he finds him; D is liable for all harm suffered by P even if P had unforeseeable, pre-existing conditions.

Question 23

What constitutes Harm/Damages?

Answer 23

Harm must show damages; 1) personal injury 2) property damages.

Question 24

What is Comparative Negligence?

Answer 24

Comparative Negligence allows P to recover even if 99% at fault; damages are reduced by % of P’s own fault.

Question 25

What is Contributory Negligence?

Answer 25

Contributory Negligence bars P's claim if he contributed to his injury, with exceptions for last opportunity and recklessness.

Question 26

What is Assumption of the Risk?

Answer 26

Assumption of the Risk denies P's recovery if 1) P knew or should have known of the risk 2) P voluntarily faced that risk.

Question 27

What is the Standard of Care owed to Licensees?

Answer 27

Licensees are owed reasonable care and must be warned of known dangers.

Question 28

What is the Attractive Nuisance doctrine?

Answer 28

Landowners owe a duty to child trespassers to make premises reasonably safe or warn of dangers.

Question 29

What is the Landlord's duty?

Answer 29

Landlords generally have no duty to maintain leased premises but must warn of latent defects.

Question 30

What is Negligent Infliction of Emotional Distress?

Answer 30

Negligent Infliction of Emotional Distress occurs in Near Miss Cases and Bystander Claims under specific conditions.

Question 31

What is Respondent Superior?

Answer 31

Employer is liable for an employee's negligent acts if acting within the scope of their relationship.

Question 32

What is Direct Liability?

Answer 32

Direct Liability occurs when an employer is negligent in supervising employees or hiring.

Question 33

What is Joint & Several Liability?

Answer 33

Joint & Several Liability allows P to recover the entire amount from any D if multiple Ds caused a single indivisible harm.

Question 34

What is Indemnification?

Answer 34

Indemnification allows a passive tortfeasor to recover full amount paid to P from an active tortfeasor.

Question 35

What are the elements of Defamation?

Answer 35

Defamation requires P to show 1) published statement 2) false defamatory statement 3) of and concerning P 4) harmful to P's reputation.

Question 36

What are the Invasion of Privacy Torts?

Answer 36

Invasion of Privacy Torts include FAID.

Question 37

What must P show for a defamation claim?

Answer 37

1) D published a false defamatory statement to a 3rd person, 2) concerning P, 3) that is harmful to P's reputation, 4) causing special harm. ## Footnote For public figures, P must also prove 5) actual malice.

Question 38

What are the types of invasion of privacy torts?

Answer 38

1) False light, 2) Commercial appropriation, 3) Intrusion into one's privacy, 4) Public disclosure of private facts. ## Footnote Would it be highly offensive to a reasonable person?

Question 39

What constitutes a private nuisance?

Answer 39

A substantial, unreasonable interference with another person's use or enjoyment of their property that is offensive, inconvenient, or annoying to the average person in the community.

Question 40

What is a public nuisance?

Answer 40

Unreasonable interference with the health, safety, or property rights of the general public, causing injury to the public at large.

Question 41

What is strict liability?

Answer 41

Liability without fault; D is held liable even if all care was exercised. ## Footnote Applies to abnormally dangerous activities and certain animal-related incidents.

Question 42

What are the elements of strict product liability?

Answer 42

1) D is a commercial supplier, 2) product was defective, 3) defect existed when the product left D's control, 4) defect caused P's injuries when used foreseeably.

Question 43

What are the types of product defects?

Answer 43

1) Manufacturing defect, 2) Design defect, 3) Failure to warn. ## Footnote P must show how each defect caused harm.

Question 44

What is the negligence theory in product liability?

Answer 44

P may establish liability by showing 1) Duty of care, 2) Breach of duty, 3) Causation, 4) Damages.

Question 45

What is an express warranty?

Answer 45

A statement of fact regarding goods sold that becomes part of the bargain.

Question 46

What are implied warranties?

Answer 46

1) Merchantability: goods are fit for ordinary purpose, 2) Fitness for a particular purpose: seller knows buyer's purpose and buyer relies on seller's judgment.