Intent
Torts
Torts
What are the elements for assault?
an act Intent to cause APPREHENSION of IMMINENT harmful or OFFENSIVE CONTACT o another person AND
person is reasonably put in imminent apprehension of such contact
What are the elements for Breach?
The person of ordinary prudence/a reasonable person
Negeligence Per Se,
Industry Custom,
Res Ispa Loquitor,
Cost benefit analysis (Learned hair formula)
What are the elements of Causation? DEFINED
Actual cause: whether Ds carless conduct is in fact a cause of Ps harm
Proximate: looks at the same conduct and whether from a policy standpoint liability should attach
What is strict liability? and what are the 3 elements any subsections?
Strict liability is liability without fault P
- Animals
- Abnormally dangerous activities
- Product liability
- Manufacturing defect
- Design defect
- Warning defect
What is the definition of Manufacturing defects?
Unit varies from other units in an unintended way its deviates from manufacturers own specification
What are the elements of battery?
an act Intending to cause IMMINENT harmful or OFFENSIVE contact or APPREHENSION CONTACT or
When the actor is SUBSTANTIALLY CERTAIN harmful or offensive contact will occur Indirectly or directly
General Rule for Duty and What do you look for to establish duty?
What are the types of damages? and define
Compensatory: comprised of economic and non economic damages, determined on what is fair or reasonable to award P
Eggshell P: Take the victim as you find them even if they have an unforeseeable vulnerability that leads to large damages (AMT OF DAMAGES UNFORSEEABLE NOT INJURY)
Punitive: rare for negligence cases, P is first entitles and awarded some amt of compensatory damages. Only available if D is engaged in willful misconduct, malice, or reckless disregard for the rights of others. Juries are given discretion in the amount determination.
Under animals what are the two subsection?
Domestic: start with negligence
1. Animal has abnormal and dangerous propensity to bite or attack
Wild
1. Owner knew of the dangerous propensity by keeping these animals and P need not to show prior knowledge
What is Private Nuisance?
private nuisance is an unreasonable interference with an individuals private use or enjoyment or their property
What are the elements for False Imprisonment?
Another person and causing such confinement and The person is AWARE of confinement
3 questions to find landowner liability? And what are the statuses and define
1. what is the status of the person who enters the land?
2. What is the nature of the landowner obligation duty to that person
3. Did the landowner breach it?
Invitee: landowner owes a duty to exercise reasonable care to protect from risks they are aware of and risks they should be aware of after a reasonable inspection
Licensee: Landowner owes a duty of ordinary care to warn or make a dangerous condition reasonably safe, the owner must be aware of, and the licensee is not. Must not injure the licensee by willful, wanton, or grossly negligent conduct
Are there any defenses to negligence? Name them
Yes, comparative fault, contributory negligence, assumption of risk
What are the 2 test for design defects? and define
Risk Utility test: Risk of design v benefits of design, if the risk outweighs the benefits the product is defective
Consumer Expectations: a product if it is dangerous to an extent beyond that anticipated by an ordinary.
What is Public Nuisance?
an unreasonable interference with a right common to the public
P suffers SEVERE emotional distress
which was ACTUALLY and PROXIMATELY caused by D extreme and outrageous conduct
Is there a duty owed to protect financial interest? Are there any exceptions?
No duty owed to protect others financial interest
Yes if you had a fiduciary duty to protect such as accountants, attorneys etc.
An intervening wrongdoing by an independent actor that “cuts off” liability of the original wrongdoer, even though the original wrongdoer’s conduct is also a cause of the P’s harm
Elements of Abnormally Dangerous Acivities
1) The activity creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors
2) activity is NOT matter of common usage
What are the the types of damage apportionment?
1) Vicarious Liability
2) Respondent Superior
3) Joint and Several Liability
4) Contribution and Indemnification
What are the elements for trespass?
D intentionally acts
To enter onto land of another
WITHOUT permission
What is negligence basic rule statement?
1. P has suffered an injury
2. Duty owed to a class of persons including P to take care not to cause an injury of the kind suffered by P
3. Breached that DUTY to care
4. Breach was an ACTUAL and PROXIMATE CAUSE of Ps injury
What are the different Multiple Causes?
Concert of action
Multiple Sufficient Causes
Necessary element of sufficient set
1) failure to include adequate warnings or instructions that are necessary to prevent or
2) reduce foreseeable risks of harm posed by products for its intended
When two or more defendants act tortiously and plaintiffs injury is result of one of the tortious acts, but it is not possible for P to prove which of the acts caused her injury then the P can recover to disprove their liability or apportion the damages