Intentional Torts
Josie asks Mr. Meathead to punch her in the face. He does. She then cries and sues him for battery. Why will this not work?
She gave consent and battery requires a lack of consent.
Mr. and Mrs. Bob both get hit with a helicopter blade in a freak accident. Mr. Bob immediately dies, while Mrs. Bob lives for 14 days then dies. Who now has the right to bring wrongful death suit for Mr. Bob? (they have no kids)
Mrs. Bob's parents.
Corbett gives his car keys to Galligan after watching Galligan chug some beers. If Galligan gets into a wreck, why exactly is Corbett liable?
negligent entrustment
Bingus is looking for someone to do mad science experiments on. He finds Robby whom he knows has a severe learning disability. Robby agrees to be the guinea pig and gets badly injured. Bingus says Robby cannot sue because he agreed but he's wrong. Why?
Robby is considered a mentally challenged person and cannot consent.
Margaret's family wants to bring a survival action on her behalf. In what hierarchy could this be done?
1. spouse and/or children
2. if none, parents
3. if none, siblings
4. if none, grandparents
5. if none, succession representative
Grayden tells Caitlin he's going to attack her eventually one day. This is not assault for this reason:
It is not imminent harmful or offensive contact.
Joe hits Grayden with his car completely on accident. Does he have a duty to help him and if so, why?
Yes because a special relation has been formed. A negligent, innocent injurer has a duty to the person they injure.
No, because Giuseppe's drinking was the proximate cause. A server serving someone over the legal age is not responsible for injury off site.
A fire is coming toward the neighborhood and the only way to stop it from burning down everyone's houses is to let it burn Michael's house. Josie uses this defense to explain why she caught Michael's house on fire.
What is public necessity?
What standard of care is a child held to? (and what's the best exception)
a reasonable child of like age, intelligence, and experience
exception when the child is performing an adult activity, and they are held to standard of reasonable adult
Olivier works at Walmart and thought Margaret was stealing, so he detained her in the back for 45 minutes. She just sat in there while Jerome checked the cameras, and then he let her go without a word. This is still false imprisonment for this reason.
Detainment must be followed by reasonable questioning. Jerome did not question her.
John and Thomas band together to harass a girl. She punches Thomas and Thomas is seriously injured. John will be liable for Thomas for this reason.
They are joint social adventurers - special relationship.
Mrs. Megamind is the manager of a restaurant. A customer spills a bunch of water in a corner and doesn't tell anyone. 15 minutes later, another customer slips and falls in it. He tries to sue Mrs. Megamind and her business, but it is found she is not liable. Why might that be?
Emma joins a lacrosse one-on-one and agrees that she knows there may danger as it a physical sport, she may be matched with any other competitor, and she will not hold the lacrosse company liable for injury. Emma is matched against Big Bertha, who is 6'3. Big Bertha unfortunately demolishes her. What would the lacrosse team's defense be?
assumption of risk, Emma knew this would be a physical activity and that she could be matched with anyone including a woman like Big Bertha
Kenya is the victim of medical malpractice. During a surgery on 5/15/24, a tool is left in his body ewwww. He discovers this on 6/07/25. How long does he have to bring a medical malpractice suit (the day?)
6/07/26
Emma punched a hole in Joe's door, completely knocking it off the hinges to where Joe had to buy a new door. That is this tort.
What is conversion?
Jonathan is taking a cooking class. He sees that the oven is on and really hot, but he really wants to grab something from it, so he does. He gets really burnt. What will impact his recovery?
open and obvious breach - apparent danger
Some railroad workers are working on the tracks when due to their employer's negligence, there's an explosion. Worker 1 is working directly on the track and almost gets hit, while Worker 2 is a bit further behind some bricks or something. Both sue for mental anguish, but only Worker 1 succeeds. Why?
He was in the zone of danger, while Worker 2 was not.
In a contributory negligence state, plaintiff Caitlin is found 10% negligent and defendant CC's Sushi is found 90% negligent. What percentage of damages can Caitlin recover?
0
in a contributory negligence state, where plaintiff and defendant were both negligent, a plaintiff's negligence, no matter how big or small, restricts them from recovering.
What's res ipsa loquitor?
"the thing speaks for itself"
One's negligence can be inferred from the nature of an event or injury, even when there's no direct evidence.
The Galligans have a huge amount of land, with acres of woods behind their house. Some random guy is walking around the area and thinks the woods look cool, so he goes walking through them thinking it's public land. He finds a beartrap and puts it in his bag as a cool souvenir. What intentional torts may this random guy have committed?
trespass to land (because mistake of fact does not matter)
trespass to chattels
Big Dog Jedediah accidentally negligently somehow causes Zendaya to fall in the water and start drowning. Paul jumps in heroically to save her, but some coral or something gets in his eye and now he's a cyclops. Is Jedediah liable to Paul as well as Zendaya and why?
Yes he may be. Under the rescue doctrine, duty under initial negligence includes duty to a rescuer, as long as their rescue was not wanton.
Let's say Blake was in an accident and his legs got amputated. What are some specific damages and general damages you can think of that he could gather?
specific - attorney's fees, interest
general - mental anguish, loss of enjoyment of life, past and future pain and suffering
just damages for the initial cut because he is not liable for Blake's decision to purposely allow his wound to worsen
Learned Hand formula
If burden of taking precautions < probability x injury, then there's liability.