Negligence
Elements of Negligence
What are Duty, Breach, Causation, and Damages?
Name all the intentional torts
Assault, Battery, IIED, trespass to chattels, conversion, trespass to land, False imprisonment
Self-defense true or false: you have a duty to retreat if not in dwelling
what is True?
What is Dual intent?
intend contact- intend harmfulness
importing the standard for duty/breach from a statute
What is Negligence Per Se?
for the purpose of causing contact or with the knowledge that contact is substantially certain to be produced
What is intent?
What kind of force is reasonable within defense of others?
What is the same force as the one you are defending could use?
is single or dual intent the majority rule?
What is single?
Define Res Ipsa Loquitur
What is the mere fact of the accident having occurred being evidence of negligence?
What are the 3 categories of transferred intent . . . and an example for each
1. unintended victim
2. tort-to-tort
3. mistaken plaintiff
What is Necessity
Defendant interferes with plaintiff's property to protect their own interests
2 questions you ask when analyzing whether an employer is liable?
1. whether the employee who committed the wrong is actually an employee or instead an independent contractor
2. whether the agent is acting within the scope of employment
True or False: Substantial factor is a jury question
Define Battery
What is intentionally causing contact to plaintiff that ends up being harmful or offensive?
2 elements to analyze informed consent in med. mal.?
2. Causation?
Define Assult
an acted that is intended to and does place plaintiff in imminent apprehension of a battery
"It's okay if you don't act"- name the 4 category exceptions to this statement.
2. relationship to the perpetrator- duty to 3rd parties
3. duty based on innocent creation of risk
4. gratuitous services
Trespass to Chattels- the value of the harm caused to the chattel
Conversion- retain the chattel and recover the value of the harm causes, OR relinquish the chattel to the defendant and recover its fair market value
What are the unspoken rules in sports consent called?
What is customs?
Does a person have to be aware of the confinement for it to be false imprisonment?
No, they can either be aware OR harmed by it