#throwback
thursday
thursday
These are the 4 elements for Battery
1. Volitional Act
2. Intent
3. Causation
4. Harmful or offensive contact with plaintiff's person
What's my duty to do these 3? (brief)
1. Trespasser - no duty
2. Licensee - duty to warn
3. Invitee - duty to make premises reasonably safe
Name em'
1. Contributory Negligence
2. Comparative Negligence
2a. Assumption of the risk
In brief - name the 4 situations where strict liability can be imposed
1. Dangerous instrumentalities on land which escape and cause harm
2. Animals (wild and domestic) - details later
3. Ultra-Hazardous activites
4. Strict Products Liability
Express Warranty
1. Oral or Written Warranty that a product would perform safely
2. Product fails to perform as promised when used for an ordinary purpose
3. Causation (actual + proximate)
4. Damages
A conversion occurs when...
What is when the defendent destroys the plaintiff's property or when the defendant assets ownership over the plaintiff's
Exceptions for Duty to Trespassers
obligated to avoid willful or wanton conduct, also duty of care to frequent or discovered trespassers to at least warn
Options for Comparative Negligence
a. pure comparative
b. modified 49%
c. modified 50%
Difference in animals
a. wild animals - strict liability for activities consistent with an animal’s dangerous nature
b. domestic animals - strict liability is only imposed when the owner knows of the animal’s dangerous propensity. Otherwise the standard is negligence
Implied Warranty of Merchantability
1. Defendant is a commercial supplier
2. by selling defedant is implied warranting product is safe by ordinary use
3. Product is unsafe for ordinary purpose
4. Causation (actual + prozzimate)
5. Damages
Defenses for Intentional Torts (7)
1. Consent
2. Self Defense
3. Defense of others
4. Defense of Property
5. Necessity
6. Justification
7. Shopkeepers privilege
If they are aware of criminal activity on the premises and didn't take reasonable steps
Exception for Contributory Negligence
If they had the last clear chance to avoid the accident, plaintiff can still recover.
Limits on Strict liability
a. Strict liability only imposed as to those harms which are the normal consequence of the ultra-dangerous activity (not mink committing infanticide)
b. No strict liability for act of God
Implied Warranty of Fitness for Particular Purpose (elements)
1. Defendant is a commercial supplier
2. Seller is aware of π’s particular purpose 3. By selling product, Δ impliedly warrants product is safe for that particular purpose
4. Produce is unsafe when used for particular purpose
5. Causation (Actual + Proximate)
6. Damages
False Imprisonment Elements (go detailed on the 4th)
1. Volitional Act
2. Intent to Confine
3. Causation
4. Confinement a. no reasonable means of escape, and b. to a bounded area? Not really required
Attractive Nuisance Doctrine
Imposes a duty on landowners to avoid conditions likely to be dangerous to trespassing children where children would not be able to appreciate the risk.
Talk about mitigating
idk talk about it
Expand on Ultra-Hazardous Activities
blasting, storing dynamite in an urban area. (Restatement 2d. - talks about abnormally dangerous activities)
a. the activity must be one that poses a risk of serious harm even when reasonable care is exercised; b. the activity cannot be a matter of common usage in the community
Who's going to ace this test?
you
Transferred Intent Doctrine arises in these 2 situations.
The transferred intent doctrine arises in two situations: I intend to strike A, but miss and hit B. My intent to strike A is transferred and can be used to support liability for an intentional tort against B.
Transferred intent also works when I intend one intentional tort, but another occurs. For example, I intend to commit a battery by throwing a rock at π, I miss π and strike π’s vehicle. I intended a battery but a trespass to chattels occurs. Transferred intent cannot be used for conversion or IIED.
When does a landlord owe duty to tenants invitees?
Exception for if a landlord rents and knows thers an intent to operate an establishment
Assumption of Risk - tell me about it
A π can assume the risk of harm by waiving liability.
In some instances, such a waiver will be void against public policy.
-requires some knowledge on the part of the π. No assumption of the risk when there is no real choice.
Modernly considered part of comparative fault.
Strict Product Liability Elements
1. Defendant is a commercial supplier--mfr, wholesaler, or retailer
2. Product reached consumer without substantial alteration
3. Product in defective condition unreasonably dangerous to consumer
a. Manufacturing Defect
b. Design DEfect
c. Warning Defect.
4. Causation (actual + proximate)
5. Damages
Sing a song
DO IT