Intentional Torts
Strict Liability
Negligence
Defenses
Mixed Bag of Tricks
100
The transferred intent doctrine applies only to these following torts
What is Assault, Battery, False Imprisonment and trespass to land and chattel?
100
The requirements for proving abnormally dangerous activity
What is 1) the condition or activity imposes a severe risk of harm to persons or property 2) It cannot be made reasonably safe 3) The condition or activity is uncommon in the community?
100
Who does a defendant owe a duty to?
What is any foreseeable victim?
100
Implied consent
What is defendant can infer P's consent based on custom or P's observable conduct (e.g. if P plays tackle football, P has given implied consent to certain battery)
100

What is required to bring a claim under the FTCA?

What is the claim must be: 

  1. against the United States;
  2. for money damages, . . .
  3. for injury or loss of property, or personal injury or death
  4. caused by the negligent or wrongful act or omission of any employee of the Government
  5. while acting within the scope of his office or employment
  6. under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.
200
An intentional harmful or offensive contact to P's person by D
What is battery?
200

Strict Liability is imposed on these types of animals found on another's land...

What is trespassing animals. 

- An owner of livestock or other animals (not including domestic animals) that intrude on another's land is strictly liable for reasonably foreseeable damage done by the animal(s)

200
The standard of care for children
What is held to the standard of care of a like child of similar age, education, intelligence and experience? (Generally, a child under 7 lack capacity to be held negligent)
200
In self-defense the amount of force used must be
What is proportionate to threat of harm?
200
The age a child is presumed capable of negligence
What is 14?
300

Shopkeeper's Privilege 

What is store may detain a suspect if: 1) store has reasonable cause to believe a theft occured 2) store detains suspect for only a reasonable period and for purposes of investigation and to summon law enforcement 3) Determination must be reasonable (only non-deadly force allowed)

300

What is strict products liability, who's responsible, and what are the types?

Anyone in the manufacturing or distribution chain of a defective product, may be held liable for any harm caused, even if they exercised due care. 

  • Elements: 
    1. Commercial Supplier – Seller is in the business of selling product of the kind—places the product into the stream of commerce without substantial alteration
    2. Defect existed when the product left the ∆'s control 
    3. Defect caused the plaintiff's injury (Causation)

1. Manufacturing Defect - Deviation from what the manufacturer intended

2. Design Defect - Intended design is inherently defective

3. Marketing Defect - Failure to give reasonable warning about foreseeable risk of harm

300
Exception to negligence per se
What is compliance is more dangerous than non-compliance or compliance is impossible under the circumstances?
300
Defense of property is not allowed if
What is initial actor had a privilege to enter land?
300

What is a common carrier?

A common carrier is an entity  that transports members of the public for a fee and owes its passengers a heightened duty of care consistent with the practical operation of its business. This heightened duty requires the carrier to take all reasonable precautions to protect passengers from foreseeable harm, including risks posed by employees, other passengers, and third parties.

400

What are the elements of false imprisonment?

When the defendant intentionally confines another without lawful privilege (authority) and against his consent within a limited area for any appreciable time, however short

- Confinement – must limit freedom of movement in all directions for an appreciable amount of time using (1) physical force, (2) threats or duress or (3) false pretenses of lawful authority to which the victim submits

  1. A person is not restrained if there is a reasonable means of escape
400

When a product creates an unforeseeable risk of danger due to its faulty design, the P must show:

What is a reasonable alternative design exists that is safer and has a comparable cost and purpose?

400
Attractive Nuisance Doctrine
What is owner must take reasonable care to eliminate dangers on her property or protect children from those dangers if: 1) owner is aware or should be aware of a dangerous condition on property 2) knows or should know that children are in the vicinity 3) condition is likely to cause injury 4) magnitude of risk outweighs its utility or expense of remedying it?
400
D may use peaceful means to recover possession of chattel taken unlawfully
What is recapture of chattel?
400

Strict liability for dogs

What is owner will be held liable for dog if: the owner knows or has reason to know of their domestic animal's dangerous propensities 

Ex. Dog bite statutes – hold dog owners strictly liable for harm caused by their dog biting another person

500
These two intentional torts are similar; the difference is the level of interference with P's property and the damages P can recover
What is trespass to chattel and conversion?
500
This is not a defense in a strict liability action under common law
What is contributory negligence?
500

What is an invitee and what duty is owed?

What is: Someone invited to enter or remain on the land for purposes that are open to the public, OR someone who is invited to enter or remain on the land for purposes of conducting a business transaction

  • Must inspect, fix, or warn about known or reasonably discoverable dangers
500

Where the D invades P's property to protect themself or someone else...

What is private necessity?

500

What is the difference between Abnormally Dangerous Animals & Wild Animals?

ADA - Strict liability is imposed if, but only if, the owner knows or has reason to know of the animals abnormally dangerous tendencies (to attack without warning for example) and liability attaches only “if the harm ensues from that dangerous tendency."

Wild Animals - strict liability is usually imposed for injuries connected with the wild characteristics of the animal, so that the person in charge will be held liable in spite of all possible care. Animals in this “wild” category” include lions and tigers and bears that people have seen fit to import and exhibit.

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