Negligence
The four elements of negligence are:
What is:
1. Duty
2. Breach
3. Causation
4. Damages
The seven Intentional Torts are:
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Assault, Battery, False Imprisonment, Intentional Infliction of Emotional Distress, Trespass, Conversion, and Trespass to Chattels.
The mens rea required to prove strict liability
What is:
No mens rea
This doctrine prevents an injured party from recovering damages that could have been avoided through reasonable efforts.
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Mitigation doctrine
Judicial officers have this to protect them from liability when performing truly judicial acts.
What is:
Judicial immunity.
The objective standard an ordinary person's conduct is held to
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Reasonable Person Standard
In order for this to exist, intrusions onto another's property must be significant and not reasonable.
What is:
Trespass
This form of strict, secondary liability arises under the doctrine of respondeat superior
What is:
Vicarious Liability
Two or more defendants may be sued together or separately.
What is:
Joint liability
The shifting of costs incurred by one party to another party.
What is:
Indemnity.
The Hand Formula states
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B = PL.
Liability turns on the relation between investment in precaution (B) and the product of the probability (P) and magnitude (L) of harm resulting from the accident.
Assault and Battery occurs where
What is:
The plaintiff has a reasonable fear of imminent bodily harm as a result of the defendant’s conduct, and where the defendant intentionally comes into contact with something connected to the plaintiff.
This activity creates a foreseeable and highly significant risk of physical harm.
What is:
Abnormally dangerous activity.
Each liable defendant is only liable for their proportion of fault.
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Several liability
Under this type of modified comparative negligence, a plaintiff can recover only if their negligence is slight and the defendant's is gross.
What is:
Slight-gross comparative negligence
The violation of a statute is
What is:
Negligence per se
Intent can be transferred
What is:
In three ways, between (1) victims, (2) torts, and (3) victims and torts.
When the actor is not an employee of the principal, but the principal conveys the impression that he or she is.
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Apparent agency
This rule states that an injured party's damages cannot be reduced by payments received from third parties.
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Collateral Source Rule
Under the rescue doctrine, the tortfeasor is liable to
What is:
The original victim and the rescuer
According to this doctrine, a plaintiff can meet their burden of proof with circumstantial evidence
What is:
Res Ipsa Locquitor
This type of consent requires that the consenting party have the capacity to consent.
What is:
Actual consent.
Under a tort-based theory of product liability, a plaintiff can only recover this type of damages.
What is:
Personal damages.
This reduces damages by a percentage of the total award where the victim is partly to blame for his or her own injury.
What is:
Contributory negligence
Based on this case, a defendant owes a duty of care to a plaintiff only if the plaintiff is in the zone of reasonably foreseeable harm resulting from the defendant's actions.
What is:
Palsgraff v. Long Island Railroad