Intentional Torts Cases Doctrines & Rules Negligence Defenses & Privileges

100

What is dual intent?
Must act intentionally or with substantial certainty that harmful or offensive contact will occur

100

What is Robinson v. Lindsay (children held to adult standard of care)?
Child wrecked snowmobile.

100

What is the rescue doctrine?
Rescuer can recover when D's negligence prompts the rescue and is reasonable and foreseeable.

100

What is negligence per se?
The elements of duty & breach are established when this is proven.

100

What is contributory negligence?
This common law rule totally barred the plaintiff's recovery.

200

What is conversion?
Someone intentionally exercises dominion over your property

200

What is O'Guin v. Bingham County (Negligence Per Se)?
Children died at unattended landfill.

200

What is extended personality rule?
Contact occurs as long as it occurs to something within an intimate proximity of the plaintiff

200

What are the four ways to prove factual cause?
The but-for test, substantial factor test, alternative causes test, and the loss of chance doctrine.

200

What is defense of property?
In order to have this defense, you may not use direct or indirect deadly force.

300

What is assault?
This tort cannot be proven if the victim was unaware.

300

What is Palsgraf (unforeseeable plaintiff/Cardozo and Andrews views)?
Woman was struck by a scale when a package exploded.

300

What is transferred intent?
Under intentional torts, this doctrine can be found in two different ways.

300

What is proximate cause?
To establish this element, it must be proven that the breach is connected to the legally recognized harm that resulted.

300

What is repossession of chattels?
You may only use this defense if you were acting in fresh pursuit.

400

What is false imprisonment?
Physical restraint is not necessary for this tort.

400

What is Hughes (manner of harm rule)?
Child knocked lantern down a manhole and was burned.

400

What is the thin skull rule?
The fact that the harm was much worse than was foreseeable will not limit liability.

400

What is alternative causation?
When causation is unprovable between two or more tortfeasors.

400

What is express assumption of the risk?
To thwart this defense, it must be an essential service.

500

What is trespass to land?
It doesn't matter if you reasonably believe you have the right to do something to commit this tort.

500

What is Ky. River Med. Ctr. v McIntosh (open & obvious danger)?
Paramedic tripped over raised curb.

500

What is the loss of chance doctrine?
Increased harm is itself the injury for which the negligently injured person may recover.

500

What is custom?
Evidence of a violation of this tends to establish a standard but does not necessarily prove a breach.

500

What is the shopkeeper's privilege?
This defense must be reasonable and does allow for a mistake of fact.

Crim

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