Elements
Elements of Res Ipsa Loquitor
What is Res Ipsa Loquitor
The necessary things needed to prove causation.
What are Causation in fact (but for) and proximate cause
False; words alone do not justify assault
The three types of liabilities and an example of each.
What are Vicarious (employer), Strict (animals), and Products (warranty)
This case established that a child can be found to have intent through substantial certainty. It involved a child who pulled the chair out from under an adult before they sat down.
What is Garrett v Dailey
Elements of IIED
What is IIED
A duty is present if the burden of preventing injury is less than the probability of injury multiplied by the damages.
What is the Learned Hand Formula
Difference between Trespass to Chattel and Conversion
Trespass to Chattel: a minor interference. partially liable for object
Conversion: a major exercise of dominion. Fully liable for object
what are continuing torts, discovery rule, and fraudulent concealment
This case established the Learned Hand formula used to determine when someone had a duty. This case involved a boat that tried a risky maneuver at a dock and ended up causing damage to multiple other boats.
Elements of Public Necessity
What is Public Necessity
The type of contributory negligence statute that Texas applies
What is Comparative Negligence (50%)
the type of intent required by battery
what is single intent
This case established that a physician must disclose any and all personal interests related to the patient's treatment that could influence their judgment before treatment begins. This case involved a doctor who treated a patient for Leukemia and used his spleen for a research patent that the patient was not aware of.
What is Moore v Regents of the University of California
This case established that the use of deadly force can only be used when there is a present and current threat to personal safety. It involved a shotgun trap rigged to go off if someone entered an abandoned house.
What is Katko v Briney
Elements of Private Necessity
What is Private Necessity
once a Plaintiff has fully recovered, they cannot recover anything further from any other defendant regardless of liability.
True or False; a store employee preventing someone who they believe to be stealing is False Imprisonment
False, no it not lol
This case established that punitive damages should not exceed a 4:1 ratio. This case involved a two lane highway were a car swerved to avoid a car and ended up hitting a different car.
What is State Farm v Campbell
Elements of Appropriation of Name or Likeness
What is Appropriation of Name or Likeness
Countdown to when a negligence cause becomes invalid to be brought starts when defendant acts.
the majority and minority arguments for defense of others
What is Majority: reasonable perception
Minority: step into shoes of victim (what were their rights?)
The commute to work is not considered to be in the scope of employment.
What is the Going and Coming Rule
This case established that two independent tortfeasors may be jointly liable if it's impossible to tell which one caused Plaintiff's injuries. It involved a trio that went hunting, two shot at the same time, and the other got hit by one of the bullets.
What is Summers v Tice