Intentional Torts
This concept comes into play when a defendant intends to commit a battery against one person but instead inflicts harm against a different person
What is transferred intent?
These are the 5 traditional elements of a negligence claim
What are duty, breach, actual cause, proximate cause, and damages?
These defenses must be pled and proven by the defendant
What are "affirmative defenses?"
This concept sets the maximum time allowed to initiate legal proceedings after an event or harm occurs
What is a statute of limitations?
Under this concept, employers can be held liable for the torts of certain employees
What is respondeat superior?
This tort involves the intent to cause a harmful or offensive contact to the plaintiff
What is battery?
This concept is often used to describe the "zone of risk" or "scope of liability"
What is proximate cause?
This defense completely bars recovery if a plaintiff is even 1% at fault
What is contributory negligence?
This describes situations in which the statute of limitations begins to run when accumulated effects of exposure manifest themselves to the claimant in a way which supplies some evidence of a causal relationship to the product
What is "manifestation theory?"
This concept describes an employee’s conduct if it is of the same general kind as authorized or expected, and the employee was acting within authorized time and space limit
What is within the course and scope of employment?
These damages may be awarded to an intentional tort victim who only suffers trivial harm or offense
What are nominal damages?
This is the standard duty of care in a negligence case
What is the care that a reasonably careful person would use under like circumstances?
This defense allows a plaintiff to recover damages, but reduces the damages awarded based on the plaintiff's percentage of fault
What is pure comparative negligence?
This concept allows the statute of limitations to be paused
What is tolling?
This concept is be used to eliminate employer liability for accidents during the commute to work
What is the going and coming rule?
This intentional tort occurs when a defendant INTENDS to cause the plaintiff to ANTICIPATE an imminent and harmful or offensive contact with the plaintiff's person
What is assault?
This is the majority rule for the standard of care required of a minor who engages in an adult activity
What is the standard of care required of an adult under reasonably similar circumstances?
This concept bars recovery when the plaintiff is greater than 50% at fault
What is modified comparative negligence?
This concept allows the statute of limitations to be extended
What is a grace period?
A business is generally not responsible for torts committed by this type of worker
What is an independent contractor?
This tort occurs when a person confines another intentionally, without lawful privilege, and against his consent within a limited area for any appreciable time, however short
What is false imprisonment?
This doctrine simplifies proving negligence by establishing a violation of a statute as prima facie evidence of negligence
What is negligence per se?
These defenses which were at one time an absolute bar to recovery have been merged into the defense of comparative negligence
What are primary and secondary assumption of the risk?
This concept means that no cause of action at all exists under state law on which to base any claim for damages
What is federal preemption?
This word is used to describe when a vehicle owner knowingly consents to other person's possession of it
What is "entrustment?"