Intentional Torts
The two types of intent are specific, when the tortfeasor desires the outcome, and knowledge when the person has ________ the outcome will occur.
What is substantial certainty.
The elements of ordinary negligence
Duty of Care, Breach, Causation, and Harm
Shields liability for otherwise tortious acts
Consent
A five-year old boy pulled a chair out from under his aunt
Garratt v. Dailey
A fictitious person of average intelligence who never makes mistakes
Reasonable and Prudent Person
The elements of a battery
What is intent, to cause, a harmful or offensive contact and that contact results.
The components of the Hand Formula are ______ and used to determine the element of ______
Burden < Probability x Gravity of Loss/Harm
Breach
Use of deadly force is not allowed to protect, unless personal safety is threatened
Defense of Property
A man fires a warning shot intending to scare trespassers stealing watermelon and ends up shooting one.
Brown v. Martinez
Children are held to this standard of care
Reasonably prudent child of like age, intelligence, and experience
In the tort of assault, the victim must be placed in ______ of _______
apprehension of an imminent battery
The test most often used to show cause-in-fact, and the secondary test should the first fail
But-for test, Substantial Factors test
Purpose is to prevent judicial second guessing of legislative and executive decisions based on policy
Discretionary Function
A spring-gun is set up in an unoccupied farmhouse
Katko v. Briney
Name the four types of negligence claims
Ordinary Negligence
Negligence Per Se
Vicarious Liability
Strict Liability
Elements of Trespass to Chattels
Elements of Conversion
Intentional interference with another persons' rightfully owned property, and either the chattel is impaired or person is substantially dispossessed.
Intentionally exercising dominion and control over another persons' rightfully owned property, and interference is so great to warrant repaying full value.
The element of proximate cause requires
Showing that a foreseeable plaintiff suffered a foreseeable harm
Reasonable Manner and Reasonable Time
Package containing fireworks explodes in a train station
Palsgraf v. Long Island Railroad
These statutes were created to encourage landowners to open up their land to guests
Recreation Statutes
For the tort of False Imprisonment, the victim must be confined to a bounded area determined by the tortfeasor, and ______
aware of the confinement or harmed by it
The doctrine of ________ can be used to show ______ when the event does not normally occur w/o negligence and ______
Res Ipsa Loquitur, Breach, the instrument of harm was in exclusive control of defendant(s)/defendant(s) are not talking/and any other party was not negligent
Name the negligence elements that are questions of law, those that are questions of fact, and those that are both
Law: Duty of Care
Fact: Breach, Cause in Fact, Harm/Damages
Both: Proximate Cause
A landowner built a reservoir, which burst due to faulty contractor work, flooding a neighboring mine
Rylands v. Fletcher
Name the five goals of Tort Law
Peaceful Resolution of disputes
Deter Wrongful Conduct
Encourage beneficial conduct
Compensate injured persons
Vindicate individual rights