Intentional Torts
What are the elements of a negligence case analysis?
Duty
Breach
Causation
Damages
What is the difference between a patent defect and a latent defect?
A patent defect is one that is clearly obvious during the inspection or something that is already known about. On the other hand, a latent defect is one that is hidden or concealed.
What is the difference between Trespass to Chattels and Conversion?
The main difference between conversion and trespass to chattel is the degree of interference. Conversion occurs when an individual alters or uses a piece of personal property that belongs to another individual without their consent.
With conversion, the degree of interference must be so severe that the defendant may be required to pay the full value of the property. Trespass to chattel, however, is an act which falls short of conversion.
What is the standard duty of care owed to all in society?
Every person owes a duty to all other persons to use reasonable care to avoid causing injury to them or their property.
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
a.Justification: The action was reasonable in the circumstances.
What is one example 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
What are the elements or considerations in determining proximate cause?
a.Spatial / temporal proximity + foreseeability = proximate cause
What is 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.
State the rules for Assault, IIED, False Imprisonment and Trespass to Land
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.
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
What are the elements of Negligence Per Se?
(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
What is the difference between contributory negligence and comparative negligence?
Contributory negligence is a rule that prevents an injured party from collecting any damages if they were careless and partially to blame for the wreck. Comparative negligence, on the other hand, allows blame to be shared and damages to be awarded based on each individual's share of the fault.