Willful Wrongs
What are the elements that must be proven for an intentional tort?
Intent, Act, Causation, Injury
When are duty and breach not an issue?
Negligence per se
Is absolute liability the same as strict liability?
Are owners of wild animals strictly liable?
Yes, owners or possessors of wild animals are subject to strict liability, even if they have no knowledge or reason to believe that their animal is dangerous.
What is the difference between libel and slander?
R2d § 568
Libel consists of the publication of defamatory matter by written or printed words, by its embodiment in physical form or by any other form of communication that has the potentially harmful qualities characteristic of written or printed words.
Slander consists of the publication of defamatory matter by spoken words, transitory gestures or by any form of communication other than those stated in Subsection (1).
What are the 3 requirements for false imprisonment?
R2d § 35:
1) he acts intending to confine another within boundaries fixed by the actor, and
2) his act directly or indirectly results in such a confinement of the other, and
3) the other is conscious of the confinement or is harmed by it
What is the difference between contributory negligence and comparative fault?
Contributory negligence = All or nothing rule, if valid defense then claim dismissed or if not then recovers
Comparative fault = Modifies contributory negligence to move from all or nothing to a sliding scale of negligence and responsibility
What are the defenses to strict liability?
Assumption of risk but not contributory negligence
How does the analysis of joint tortfeasors differ between comparative fault and contributory negligence?
Comparative fault → several liability
Contributory negligence → joint and several liability
What was the problem with the common law rule relating to wrongful death?
The death of either the plaintiff or the defendant extinguished any causes of action for personal injury existing between the parties. This principle led to the strange result that it was more profitable for a defendant to kill a man than it was merely to scratch him, for if the plaintiff died, any causes of action he may have had against the defendant in tort died with him
How does the aggressor doctrine apply to plaintiffs and defendants?
Bars a plaintiff from recovery if the plaintiff’s own actions were sufficient to provoke a reasonable person to use physical force for protection
A defendant may not use the defense of self-defense if they were the initial aggressor
What is the rule for multiple acts that could have resulted in the injury?
R3d § 27:
If multiple acts exist, each of which alone would have been a factual cause … of the physical harm at the same time, each act is regarded as a factual cause of the harm.
Do courts require the plaintiff to show subjective reliance in cases of products liability?
No, most courts today do not require the plaintiff to show subjective reliance upon the promise. Rather, proof that the defendant made promises that created an objectively justifiable reliance is sufficient.
When does vicarious liability apply?
R2d § 909:
(1) the principal or managerial agent authorized the doing of the act; or
(2) the agent was unfit and the principal or a managerial agent was reckless in employing or retaining him or her; or
(3) the agent was employed in a managerial capacity and was acting in the scope of the employment; or
(4) the principal or a managerial agent of the principal ratified or approved the act.
What is the current status of spousal immunity in the US?
Spousal immunity has been abolished in the majority of jurisdictions, although a respectable number of jurisdictions still recognize it as a viable doctrine.
How does the R2d expand the definition of battery?
Harmful contact + offensive contact (liability for offending personal dignity)
What is the accrual rule for the statute of limitations?
A cause of action for negligently harming a person/ thing is complete when the harm occurs (statute of limitations is based on the time since the harm occurred)
Differs from the discovery rule in which the statute of limitations starts running when the harm is discovered
What are the considerations that should be made when analyzing a products liability claim?
Theory of recovery:
Negligence
Breach of warranty
Strict liability
When breach of express warranty must prove one of the types of product defects:
Manufacturing or construction defect
Design defect
Warning or instruction defects
What is the both-ways rule?
Provides symmetry between cases involving defendants’ and plaintiffs’ negligence
When are damages considered excessive?
If they fall outside the range of fair and reasonable compensation,
are based on passion or prejudice,
or are so large as to shock the conscience
Why is private necessity an incomplete privilege?
It allows the defendant to commit the intentional tort however the defendant is required to pay for any actual damages he causes in doing so
What factors are important to determining the magnitude of risk?
R2d § 291
The social value which the law attaches to the interests which are imperiled
The extent of the chance that the actor’s conduct will cause an invasion of any interest of the other or of one of a class of which the other is a member
The extent of the harm likely to be caused to the interests imperiled
The number of persons whose interests are likely to be invaded if the risk takes effect in harm
What are abnormally dangerous activities as described in R2d as compared to R3d?
R2d § 520:
existence of a high degree of risk of some harm to the person, land or chattels of others;
likelihood that the harm that results from it will be great;
inability to eliminate the risk by the exercise of reasonable care;
extent to which the activity is not a matter of common usage;
inappropriateness of the activity to the place where it is carried on; and
extent to which its value to the community is outweighed by its dangerous attributes
R3d § 20
What is the common law requirement for joint and several liability?
Showing that the defendants "acted in concert"
What type of damage is excluded from income taxes?
Compensatory damages restore a plaintiff to her pre-accident status, so they are excluded from gross income and, therefore, are not subject to federal (and most state) income tax.