MCQ
One Saturday morning, Lelani went to visit Manti Te’o in his room. After a brief visit, Lelani wanted to leave. Unknown to her, Te’o had invited some friends over to prove to them that he indeed had a girlfriend. He did not want her to leave until his friends came over. Te’o therefore locked the door and took Lelani’s purse away from her despite her protests. The purse had her keys. After pleading with him to let her go, Te’o finally unlocked the door after several minutes and told her to leave. Although Lelani could have left the room, she did not want to leave her purse behind. If Lelani brings a civil action against Te’o, judgment for whom?
A).Lelani because although she was free to leave the room, that would have necessitated leaving her purse which was wrongfully withheld.
B.) Manti Te’o because he unlocked the door.
C.) Lelani because she protested when Te’o took her purse away.
D.)Te’o because Lelani went to his room on her own will, therefore consented.
A).Lelani because although she was free to leave the room, that would have necessitated leaving her purse which was wrongfully withheld.
Ordinary Negligence
Negligence is conduct that creates unreasonable risks that a reasonable person would avoid.
Elements: (1) Duty (2) Breach (3) Actual Cause (4) Proximate Cause (5) Damages
Sonic entered into Robotnic’s property without permission. Robotnic now sues Sonic for trespass. Which of the following would provide Sonic with a valid defense?
I. Sonic honestly but mistakenly believed that he had Robotnic’s consent to enter the property
II. Sonic’s entry did not cause any damage to the land
III. Sonic’s entry into the land was non negligent
IV. The entry was necessary to protect Sonic’s life
A. I only
B. II only
C. III only
D. IV only.
D. IV only.
Defendant's conduct is measured against the ____ _____ ___ ____
Ordinary reasonable prudent person
What is the duty to strangers?
Generally, there is none!
Hannibal Lector likes to scare and terrorize people, and decides to torture plaintiff’s father. Unbeknownst to Hannibal, plaintiff’s father left his phone off the hook, and plaintiff is listening in horror from across town on a cellphone. Plaintiff was terrorized, distressed and sickened by the experience. Can plaintiff bring a successful action against Hannibal for intentional infliction of emotional distress (IIED)?
A. No because Hannibal was torturing plaintiff’s father, not plaintiff.
B. No, because Hannibal did not know that plaintiff was listening.
C. No because Hannibal and plaintiff were not in the same room.
D. Yes, because plaintiff was was terrorized, distressed and sickened by the experience
C. No because Hannibal and plaintiff were not in the same room.
Battery
To establish a prima facie case for battery, the plaintiff must prove there was an act by the defendant which brings about the harmful or offensive contact to the plaintiff's person, intent by the defendant to bring about harmful or offensive contact to the plaintiff's person, and causation.
Rule for recovery of property
Reasonable non-deadly force to regain possession of property is allowed if (1) original taking was illegal (2) in fresh pursuit (3) request for return is useless or dangerous
______ refers to the performance of an act that is illegal or wrongful.
______ is defined generally as doing something you ought to do, but failing to act when action is required.
(1) Misfeasance
(2) Nonfeasance
A fire occurs in an area of the premises where the defendant is in exclusive control
and the fires are not of the type which ordinarily happen in the absence of negligence. If the plaintiff could not have reasonably prevented the fires from damaging his property, will the doctrine of res ipsa loquitor apply?
YES
Kim Kardashian’s son, Psalm West, attends Kindergarten in Hollywood LA. The school is run by Catholic nuns who are very austere. Of late, Psalm West has been disrupting the class by singing the song, ‘Gold Digger”. Sister Marymagdalene IV, the teacher, hates Psalm West’s father, Kanye West. She believes Psalm West is a spoilt brat, and his mother Kim Kardashian is an immoral reality TV star and gold digger. One day, after Psalm West had disrupted class, and refused to get up when told to do so, Sister Marymagdalene IV dragged him from his desk holding his hands and put him on time out at the back of class for fifteen minutes. Kim Kardashian now brings a cause of action on behalf of her son for battery and false imprisonment against Sister Marymagdalene IV and the school. Judgment for whom?
A. Sister Marymagdalene IV because persons in charge of children are permitted to use reasonable force to control a child.
B. Sister Marymagdalene IV because Psalm West was not confined and he was free to leave.
C. Kim Kardashian because an ordinary reasonable prudent teacher would not drag a child from his desk.
D. Kim Kardashian because sister Marymagdalene IV hates Psalm West’s father, Kanye West.
A. Sister Marymagdalene IV because persons in charge of children are permitted to use reasonable force to control a child.
Transferred intent doctrine
occurs where the defendant intends to commit a tort against one person but instead: commits a different tort against that person, commits the same tort as intended but against a different person, or commits a different tort against a different person.
Rule Statement for Self Defense
ONE MAY USE FORCE OR THREAT OF FORCE IF IT IS A REASONABLY APPARENT NEED FOR SELF DEFENSE, AND THE FORCE, THREAT, OR IMPRISONMENT USED ARE REASONABLE IN DEGREE AND RESPONSIVE TO APPARENT THREAT. THE TORT DEFENDED AGAINST MUST BE CURRENTLY OCCURING OR IMMEDIATELY ABOUT TO OCCUR
One who by ____ and ____ conduct intentionally or recklessly causes _____ ______ _____ to another is subject to liability for such emotional distress, and if bodily harm to the other results from it.
(1) extreme; outrageous
(2) severe emotional distress
Defendant drives at 60 m.p.h. in a 55-m.p.h. zone. While so driving, he strikes and injures P, a pedestrian. Testimony later shows that it is in fact safe to drive at 60 M.P.H. in the same zone. If Plaintiff brings a cause of action against Defendant, what result?
A. Defendant prevails because it was in fact safe to drive at 60 M.P.H
B. Defendant prevails because an ordinary reasonable prudent person would not consider 60 M.P.H. speed in 55 M.P.H zone negligent
C. Plaintiff prevails because the 55 M.P.H. limit is a safety measure designed to protect against accidents, therefore, violation of the statute without excuse conclusively establishes that Defendant was negligent.
D. Plaintiff prevails because he was injured by Defendant.
C. Plaintiff prevails because the 55 M.P.H. limit is a safety measure designed to protect against accidents, therefore, violation of the statute without excuse conclusively establishes that Defendant was negligent.
A statute requires all factory elevators to be provided with a certain safety device. The legislative history shows that the purpose was only to protect injuries to employees. Plaintiff, a business visitor, is injured when the elevator falls due to lack of the device. If Plaintiff brings a negligence per se cause of action against the factory owners, what result?
A. Plaintiff will prevail because he was injured by the lack of safety device.
B. Plaintiff will prevail because as a business invitee, the factory owners owed him the highest duty.
C. Plaintiff will not prevail because there was no duty owed to him.
D. Plaintiff will not prevail, because he was not a member of the class of persons whom the statute was designed to protect.
D. Plaintiff will not prevail, because he was not a member of the class of persons whom the statute was designed to protect.
Negligence per se!!!
Assault
To establish a prima facie case for assault there must be: an act by the defendant creating a reasonable apprehension in plaintiff of immediate harmful or offensive contact to plaintiff's person; intent on part of defendant to bring about in the plaintiff apprehension of; immediate harmfull or offensive contact with the plaintiff's person; and causation
What is the difference between Public and Private Necessity?
Public Necessity is for the benefit of many and is an absolute defense. There is no liability if the D commits a tort but avoided greater injury to the public.
Private Necessity is for the benefit of a limited number and is a limited privilege. If the D commits a tort that avoids greater injury to one, or a small number of people, D is only liable for actual damage caused.
There is __ _____to take precautions against events that are ___ _____ ______
(1) no duty
(2) not reasonably foreseeable
What are the requirements that need to be shown for a defendant to be liable for Negligence Per Se
There is a statute and
1. the actor/defendant must violate the statute
2. the statute must be designed to protect against the type of accident/harm that actor's conduct causes
3. the victim must be within the class of persons the statute is designed to protect
- Actual Cause
- Proximate Cause
- Damages
A pregnant woman visited her family doctor to seek relief from arthritis in her hips. The doctor prescribed a steroid-type drug. The pregnant woman took the drug as prescribed and obtained relief from her pain. The pharmaceutical company which manufactured the drug enclosed information concerning the drug in the packages it shipped to drugstores and with samples provided to physicians. This literature warned that the drug should not be prescribed for pregnant women because it caused enlargement of the ears of male children. The enlargement occurred when the children reach puberty. Studies confirming this result were published in various medical journals. The pregnant woman gave birth to a son soon thereafter. Although the son had a normal early childhood, his ears grew disproportionately large when he reached age 16, and he has suffered severe emotional distress because of his appearance. Now 17, the son has brought suit against the doctor for malpractice. In that lawsuit, which party is likely to prevail? (A) The son will prevail if he can prove that most doctors would not have prescribed the drug for his mother. (B) The son will prevail unless the doctor establishes that he had not read the journals reporting on the side effects of the drug. (C) The doctor will prevail because he qualifies as a "learned intermediary" with regard to the warning about the drug from the pharmaceutical company. (D) The doctor will prevail because no duty is owed to an unborn child.
(A) The son will prevail if he can prove that most doctors would not have prescribed the drug for his mother.
Required standard of care
Res Ipsa Loquitur
Only applies if there are unknowable facts but the act could not have been done but for negligence.
The event is a kind in which ordinarily does not occur in absence of negligence, must be caused by agency or instrumentality within substantial control of D, and must not have been due to any voluntary action or contribution on part of plaintiff or other third persons.
- Actual Cause
- Proximate Cause
- Damages
What are the defenses/privileges to intentional torts?
- Consent
- Self Defense
- Defense of Others
- Defense of Property
- Recovery of Property
- Shopkeeper's Privilege
- Authority of Law
- Necessity
- Discipline
- Statute of Limitations
When a defendant ___ a statute the ___ __ ____ and ____ __ ___ are conclusively presumed
(1) violates
(2) duty of care
(3) breach of duty
What is a tort?
A tort is a civil wrong, other than a breach of contract for which the law provides a remedy. A tort usually involves wrongdoing by a defendant-whether intentional, reckless, or negligent.