Negligence
The elements of negligence?
What is (1) Duty, (2) Breach, (3) Causation, (4) Harm
Th standard by which duty and breach is viewed
What is the reasonable person in the circumstances
The abbreviation IIED stands for
What is intentional Infliction of Emotional Distress
When can an employor be held vicariously liable for an employees intentional tort?
Under Self-defense, Can you use deadly force when there is a reasonable escape route?
No, unless you are in a standing fight jurisdiction
What do you need to establish causation
What does “Res Ipsa Loquitor“ stand for?
The thing speaks for itself
The damages/harm required for a claim of trespass to land
What is NONE
When does attractive nuisance apply?
When there is a hidden trap or inherently dangerous instrumentality that is peculiar attractive to children
Expressed or implied by conduct
What is an intervening superseding cause?
An event that cuts off the chain of proximate cause
Extraordinary, unforeseeable, independent
True or False — “But-for” causation is required for every action for negligence
True
The 4 elements of False Imprisonment
What is (1) Defendant intended to confine the person (2) The plaintiff was conscious of the confinement or harmed by it (3) The plaintiff did not consent to the confinement, & (4) The confinement was not otherwise privileged
The defenses to strict liability animal claims?
Contributory negligence and assumption of risk
The 3 kinds of contributory negligence
What is
contributory negligence
pure comparative
modified comparative
A person who enters a house with the implied permission of the occupier
What is a licensee
When both the plaintiff and the defendant are negligent to some degree, damages are divided between them according to what principle
Contributory negligence
The difference between Trespass to chattel and conversion
What is conversion is required to pay the other the full value of the chattel
The 3 kinds of assumption of risk?
Defendant is a clerk at the drug store and he sold the plaintiff a deadly poison without labeling it “poison” , which is required by statute. This poison ended up killing the plaintiff. What can the defendant potentially charged for?
Negligence Per Se
Plaintiff went to the defendant & signed a consent to get a procedure. After surgery she had side effects ans was not aware of. She admits if she would of know, she wouldn’t of received the surgery. She is now suing the defendant. How should the court rule?
Plainitff must be aware of risks and alternatives. If the lack of knowledge eould change the procedure, you are negligent for no consent!
Nicole borrowed the film “ A Few Good Men” from Nicolette. Nicolette is a long-time Jack Nicholson fan and a movie collector. She has a asked for the movie repeatedly. It has been over a month and Nicole has not returned the movie. Nicolette believes that Nicole has serious intermeddled with Nicolette from viewing the film. In addition, Nicolette’s movie collection has substantially depreciated in value since it lacks the film. She believes Nicole kept the film for herself. Nicolette’s best cause of action in an intentional tort theory is
Conversion
Tim ran into the street and was hit by a bicycle rider. Neighbor Bob saw the accident while sitting on his porch. Time sued Bob for negligence for not yelling and warning him of the approaching cyclist. Bob will use this defense
No duty
What are two types of necessity and define them
Public — acting for greater good for the public
Private — acting for own private interest to avoid a greater harm