Intentional Torts
What a plaintiff must be aware of to succeed in a False Imprisonment claim
Their confinement.
What are the elements of negligence
What is negligence per se?
The unexcused violation of a statute or ordinance that defines the conduct of a reasonable person. The harm suffered must be the type the statute sought to prevent and the plaintiff must be of the class of persons the statute sought to protect.
What are the 3 types of torts?
Intentional, negligence, and strict
Why consent might be invalid
A person entering land or using property to prevent a greater public or private harm is protected by this privilege.
Public or private necessity
Who holds the burden of proof in a negligence case?
The plaintiff
Explain Actual vs. Proximate. Cause. Give the definition and alternative name.
Actual Cause/Cause in Fact: Defendant's actions actually caused the harm; there must be a FACTUAL connection
Proximate Cause/Legal Cause: The harm was a foreseeable result of the defendant's actions. Even if the defendant was the actual cause, liability is limited only to harms that are reasonable foreseeable
Are minors liable for the torts they committ?
Yes, but the standard is different than that of adults.
What is the but-for test and which type of cause is it attached to?
The event in question would not have occurred but for the defendant's conduct. It is a test for actual cause.
Are parents vicariously liable for the torts of their children?
No, they are only liable for their own negligence, such as failing to supervise when they knew or should have known the child had dangerous tendencies.
A defendant who negligently creates a dangerous situation is liable for injuries to a rescuer if the rescue is foreseeable
When can a plaintiff recover if they were NOT within the zone of damger? (3 elements)
(1) The plaintiff and injured party are closely related
(2) The plaintiff was present at the scene of injury
(3) The plaintiff personally observed the event
What are the elements of assault?
:)
What are the elements of battery?
:)
This doctrine allows intent to be transferred not just between people, but between five specific torts. Name the doctrine and all 5 torts.
- What is the the transferred intent doctrine
- Battery, Assault, False Imprisonment, Trespass to Land, Trespass to Chattels
This Doctrine says that a defendant takes the plaintiff as they find them; unforeseeable severity does not reduce liability.
Eggshell plaintiff rule
Explain the difference between an Intervening Force, Superseding Force, and Act of God. Which one(s) break the causal chain/relieve the defendant of liability?
Intervening Force: A foreseeable force that takes effect after the defendant's negligence and contributes to that negligence in producing the plaintiff's injury; defendant remains liable
Superseding Force: An unforeseeable or extraordinary act that breaks the chain of proximate cause; defendant is relieved of liability
Act of God:A natural event that is unforeseeable and unavoidable; defendant is relieved of liability
I must demand return before I can use force.
What is the Attractive Nuisance Doctrine?
A landowner might be liable for injuries to child trespassers caused by an artificial condition if:
1. the landowner knows/should know children are likely to trespass
2. condition poses an unreasonable risk of harm
3. the children can not appreciate the danger due to their age
4. the burden of eliminating the danger is slight compared to the risk
5. the landowner fails to exercise reasonable care to prevent harm
Mary and Tasha are neighbors. They have always competed to have the best garden in the neighborhood. Mary has a tomato garden in her backyard, while her neighbor, Tasha, has lemon trees. One day, as Tasha is spraying her lemon tree with a popular growth enhancer, she intentionally sprays a substantial amount over the fence onto Mary’s garden, thinking it will destroy her tomatoes. The spray is composed of microscopic, almost gas-like particles. Much to Tasha's dismay, Mary’s tomato garden was unaffected. Mary later learns of the spray and wants to sue Tasha for trespass.
Tasha is not liable for trespass. To succeed in a trespass suit by microscopic particles/gas, the plaintiff must be able to show damage. Because Mary's tomato garden was unaffected, she will not succeed in her suit. While it is true damage is not necessary for a traditional trespass action, microscopic particles/gas are an exception.
Dan is a law student. After having all of his finals on the same day, he decides life is too difficult. He plans to set his house on fire and stay inside of it.
Tim, Dan's neighbor, sees the flames and runs in to rescue him. While attempting the rescue, Tim suffers severe burns. Does Tim have an action against Dan?
Yes, liability to rescuers.
Describe Res Ispa Loquitor
Defendant's negligence can be inferred when:
1. the event normally would not occur without the defendant's negligence
2. the indicated negligence is within the defendant's scope of duty to the plaintiff
What is contributory negligence?
A plaintiff cannot recover damages because their negligence contributed to their harm; recovery is barred.
Describe the difference between a licensee, invitee, and trespasser. Include the level of liability owed to each by a landowner.
Licensee: A person who has the owner’s consent to be on the property, but who does not have a business purpose for being there; if the owner knows of a dangerous condition, she must warn the licensee of that danger, but she has no duty to inspect.
Invitee: (1) persons who are invited by O onto the land to conduct business with O; and (2) those who are invited as members of the public for purposes for which the land is held open to the public; O has duty to inspect premises for non-obvious, unknown dangers and/or make the premises safe.
Trespasser: A person who is on the property without the owner's consent; O owes them no duty, but conduct cannot be willful/wanton