Intentional Torts
Battery consists of these elements.
1. Intending to cause
2. Harmful or offensive contact with someone
3. Harmful or offensive contact occurs
What is Bailey Barnes' wife's name
Larissa
This is the default test for cause in fact.
What is the but-for test?
This rule bars liability of an employer when an employee is commuting to and from work.
What is the going-and-coming rule?
States that allow this rule impose strict liability on domesticated animals only after the first bite.
What is the one-bite rule?
Merlin locks Riley in her room but Riley sleeps through the entire confinement and never knows it happened. Is Merlin liable for false imprisonment?
No.
What duty did Riley breach by not telling Mero about putting nuts in the cookies.
Duty to disclose
Under the majority rule of Palsagraf, the defendant owes a duty to only these plaintiffs.
What are foreseeable plaintiffs?
Employers generally are not liable for this category of workers unless a non-delegable duty or special exception applies.
What are independent contractors?
This group of people are often referred to as the stream of commerce or the chain of distribution.
Component maker -> Manufacturer -> Wholesaler -> Dealer -> Consumer
This defense fails if granted through fraud or misrepresentation.
What is consent?
What date was Myers appointed dean
April 9, 2012
This rule bars evidence of outside payments made to the plaintiff.
What is the collateral source rule?
A manufacturer sells a blender missing a screw, making it vibrate violently when used. It injures the buyer. What type of defect is this and explain.
Manufacturing defect.
A dog with a known history of biting breaks off its leash and injures a jogger. what rule under the animal section of strict liability describes the dogs behavior.
Vicious propensity
These are defenses/privileges of intentional torts.
What is consent, self-defense, defense of others, defense of property, recovery of property, necessity, authority of law, discipline, justification
Which professor's teacher's told him to go to law school instead of medical school
Gary Myers
Damages: These small awards vindicate rights even where no actual loss occurred.
What are nominal damages?
A surgeon performs a different procedure than the one consented to, even though both were medically appropriate. What tort applies?
Battery
These 6 factors determine whether an activity is abnormally dangerous.
1. Existence of a high degree of risk
2. Likelihood that harm will result is great
3. Inability to eliminate the risk by reasonable care
4. Extent to which the activity is not common
5. Inappropriateness of the activity to the place it is carried on
6. Extent of its value to the community outweighs the dangerous attributes
During a severe storm, a sailor ties his boat to a private dock to avoid capsizing, damaging the dock. Is the sailor liable?
Yes, but he can use necessity as a defense, thus making him only liable for actual damages of the dock and not trespass.
On average, how late is Mero.
2 hours
This test applies when multiple forces operate, and each force alone would have been sufficient to cause the injury.
Substantial factor test
A man leaves his truck running on a steep hill without the brake. It rolls down and injures someone. What negligence doctrine applies?
Res Ipsa Loquitur.
What are the factors of the risk utility test?