Intentional Torts
Defenses to Intentional Torts
Duty & Breach

Negligence
Mixed Bag of Torts
100
The Intentional Torts
What is a. False imprisonment b. Battery c. Assault d. Conversion e. Trespass to chattels f. Trespass to land g. IIED
100
Name the defenses and privileges
a. Necessity b. Consent c. Defense of others d. Defense of property e. Defense of self f. Justification
100
What does “Res Ipsa Loquitor” stand for?
“The thing speaks for itself”
100
True or False? “But-for” causation is required in EVERY action for negligence.
a. True
100
What is the “Egg Shell Skull” rule?
a. You take the plaintiff as you find him and you are responsibility for any harm caused by your negligence
200
Define Intent
Knowledge or substantial certainty that harm will occur
200
What are the two types of consent and define them?
a. Express i. Actual consent verbal or written b. Implied i. Taken from the circumstances
200
What are the elements of Res Ipsa?
a. (1) the accident is of a type that normally would not occur unless someone was negligent; and b. (2) defendant exercised exclusive control over whatever caused the injury
200
Explain Market Share Liability.
a. An entire industry is negligent and one of the defendants caused harm to plaintiff but plaintiff cannot prove which defendant caused the harm. Each manufacturer’s liability for an injury would be approximately equivalent to the damages caused by the product manufacture.
200
Is suicide by the plaintiff an intervening superseding cause that cuts off the liability of the defendant?
a. Yes, unless the defendant’s negligence caused physical injury to plaintiff’s brain and causes irresistible urge for plaintiff to kill himself then defendant can be held liable for the suicide
300
What is the difference between Trespass to Chattels and Conversion?
Conversion is more serious and involves extreme harm to chattel or complete deprivation of use
300
What are the two types of necessity and define them?
a. Public – acting for greater good of the public i. No compensation unless by statute b. Private – acting for own private interest to avoid a greater harm i. Entitled to compensation
300
What are the elements of “negligence per se”?
a. (1) – violation of the statute b. (2) plaintiff is a member of the class the legislature intended to protect. c. (3) the harm that occurred is the type of which the legislature intended to prevent
300
What is an intervening superseding cause?
a. An event that cuts off the chain of proximate cause b. Extraordinary, Unforeseeable, Independent
300
What is the term for when two negligent defendants are liable for the entire amount of damages?
a. Joint and several liability
400
4. Toy Gun hypo possible tort issues - Bob was playing around with his very realistic looking toy gun. When John comes up behind him. Bob is startled and aims his toy gun at John who faints thinking the gun is real. Bob doesn’t know what to do, so he sticks John in a nearby shed belonging to Mary and locks the door. Mary is gardening outside and finds John passed out in the shed. She pulls him out in order to get her tools, and John wakes up an hour later. Spot the (potential) intentional torts.
a. Assault b. IIED c. False imprisonment d. Trespass to land
400
Give an example of a Hypo where justification would apply
a. Justification: The action was reasonable in the circumstances.
400
What is one situation where you can have multiple defendants under Res Ipsa?
a. In a medical malpractice situation where the patient is unconscious. i. Ybarra v. Spangard) Π when he awakened from surgery w/injuries
400
What are the elements or considerations in determining proximate cause?
a. Spatial / temporal proximity + foreseeability = proximate cause
400
When constructing a settlement it is important never to do a “full release.” However, what type of agreement should be done in settlement?
a. Covenant not to sue
500
State the rules for the 4 issues in the previous hypo
a. Assault: placing someone in reasonable fear or apprehension of imminent bodily harm. b. IIED: Intentional conduct that is outrageous (exceeding all bounds tolerated by society) and that actually causes emotional distress. c. False Imprisonment: The intentional and direct restraint of a person against their will without adequate legal justification. d. Trespass to Land: The intentional entering of the property of another without privilege.
500
Explain difference between recovery of property and defense of property
a. Defense of Property: Reasonable physical force to protect property. (Homestead) b. Recovery of Property: Physical force to extent necessary to recover property
500
What is the exception to Negligence Per Se?
a. It is more dangerous to comply with the statute than to violate the statute or the statute has an exception within itself.
500
A blasting company negligently uses too much dynamite at a construction site causing a house 2 miles away to vibrate. The vibrations cause a glass of water to fall off the TV stand onto a surge protector. The surge protector ignites and burns the house to the ground. Is the blasting company’s negligence the proximate cause of the house burning to the ground?
a. Argument must be based on spatial / temporal proximity and foreseeability
500
Under the doctrine of Contributory negligence how much can a plaintiff recover if total damages are $1,000 and plaintiff is 10% negligent and the defendant is 90% negligent?
Zero because under contributory negligence a plaintiff cannot recover if plaintiff is negligent.
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