Intentional Torts
Intentional act to cause harmful or offensive conduct and conduct followed
What is Battery?
Freely given, voluntary agreement.
What is consent? What is a defense to all torts?
Audrey has a gun-shaped bulge in her pants. While Audrey and Riley Lu were in a heated debate over what the best study snack is, Audrey makes a shooting motion at Riley Lu with her fingers and tells her she's going to die.
What is assult?
Duty, breach, causation, damages
What is the elements of negligence?
Take the plaintiff as you find them
What is the eggshell plaintiff doctrine?
Intentional action to create the apprehension of imminent contact
What is assult?
Use of reasonable force to protect oneself from imminent harm.
What is self-defense? What is a defense to assault/battery? (sometimes trespass)
Jake sues Walt Disney World for negligence because their holiday attraction of 1,000 flying monkeys was too hard to see and scared the defendant. Jake alleges that the grey monkeys don't contrast enough with the sky and this caused him harm. Is WDW negligent? Explain.
It is unlikely. Using B < P*L, the burden of changing the color of the monkeys is greater than the probability and gravity of the harm.
It speaks for itself. (provide an example and the name)
What is is respa loquitur?
More than one negligent defendant are liable.
What is joint and several liability?
Intentional action to exercise dominion and control and deprive the rightful owner of use for a substantial period of time
What is trespass of chattels?
Detainment of a suspected subject for a reasonable time and manor.
What is shopkeepers privilege? What is a defense to false imprisonment?
Jason goes in to urgent care complaining of a painful lump on his neck. The doctor tells him its probably a minor infection, tells him to wait it out, and fails to order labs. Three months later, Jason is diagnosed with late stage thyroid cancer. If he was diagnosed earlier he would have had a 69% chance at recovery, now he only has a 67% chance. What damages can he sue for?
What is Loss of Opportunity Doctrine?
Extraordinary event that cuts off proximate cause.
What is an intervening superseding factor?
Plaintiff can recover for whatever the defendant is liable for.
What is pure form/complete comparative fault?
Extreme and outrageous conduct which causes harm
What is IIED?
Acting for the greater good or in own private interest to prevent greater harm.
What is necessity? What is defense to trespass?
Audrey and Britney are arguing in a grocery store. Britney spills tomatoes on the floor in spite. Two hours later, Riley Lu slips and falls on the tomatoes breaking her wrist. Who can she sue and for what? Is there a breakage of chain?
She can sue both Britney and the store for negligence. Britney is the cause in fact of the negligence (but for her actions the tomatoes wouldn't be on the ground). The store is also negligent for not picking them up in a timely manor (constructive notice that tomatoes may be on the floor). The negligence of the store does not cut off liability.
Violation of a statute, intending to protect a class, the class is harmed.
What is "negligence per se"?
Plaintiff can recover up to equal fault of the defendant.
What is 50+/modified/incomplete comparative fault?
Act as the owner in such a way which permanently alters the chattel.
What is conversion?
What is assumption of risk? What is a defense to negligence?
During a crowded concert, Miguel swings his backpack around in excitement. He doesn't intend to hurt anyone but hits Audrey in the face and breaks her nose. What is the claim and is anyone liable?
Audrey can sue for battery. Miguel will be liable because it is foreseeable his conduct can cause harmful or offensive contact with someone in the crowd. Transferred intent doctrine.
No duty beyond acting reasonably, duty to warn of known hidden gangers, duty to make reasonably safe and to warn of dangers.
What is duty owed to trespassers, licensees, and invitees?
Plaintiff can recover only if they are less negligent than the defendant.
What is the 50% rule?