Show:
Intentional
Negligence
Miscellaneous
Liability
Causes
100
Name the intentional torts
Battery. Assault. False Imprisonment. Intentional Infliction of Severe Emotional Distress. Trespass to Land. Trespass to Chattels. Conversion.
100
Dr. Zillman is giving Meredith her flu shot. Unknown to Meredith, he is re-using a needle from a former patient. Meredith contracts AIDS and sues Dr. Zillman. Is negligence present? If so why?
He had a duty to his patient. He did not exercise reasonable care. Breach. He may have even deviated from standard practice by re-using the needle. His breach caused harm.
100
True or false? A retailer has a duty to inspect their goods.
No. This is why we have Warranty and Strict Liability.
100
What is the difference between Licensees and Trespassers?
Permission
100
What are the three formulations for proximate cause, and what is the trending rule?
Foreseeabilty Test Directness/Remoteness Test Risk Rule (Trending)
200
Will takes Hannah out for a spin in his boat. Hannah can't swim. Jokingly, Will pushes Hannah overboard. Hannah starts to drown and Will saves her. Hannah is traumatized and requests to go ashore. Will refuses saying she'll ruin the day and keeps her on board for 8 hours. Tort?
False Imprisonment and Battery
200
What does Prima Facie mean?
The plaintiff has established the occurrence as fact.
200
What is Res Ipsa Loquitur?
A last resort for the plaintiff because the occurrence of an accident implies negligence.
200
What are the categories of product defect?
Manufacturing defect, defective in design, and defective instructions or warnings.
200
A fire starts at Chipotle on a windy night. The wind picks up debris and the Hannahford catches fire. Is Chipotle liable?
No. Hannahford catching fire was remote damage and not reasonably anticipated.
300
What is the intent element in an intentional Tort?
It generally includes an intent to bring about, cause, or inflict some physical or mental effect on another.
300
What is the "but for" test?
A tortfeasor takes their plaintiff as they find them. A defendant is liable for the entire extent of the injuries proximately caused by their negligence.
300
What is the "eggshell skull" doctrine?
A tortfeasor takes their plaintiff as the find them. A defendant is liable for the entire extent of the injuries proximately caused by their negligence.
300
Do landowners owe a duty to trespassers?
Generally no. That is until they have knowledge that a trespasser is endangered instrumentally within the landowner's control, the landowner has a duty to take reasonable measures to prevent the harm.
300
Can responsibility to prevent harm shift? If so, does it have any affect on the defendant's liability?
When the defendant has negligently created a risk of harm to the plaintiff, the failure of a third person to intervene and take some action to prevent the harm, will not affect the liability of the defendant when the harm in fact occurs.
400
What is the "general standard" to show intent and what are the considerations?
Plaintiff must show that the defendant acted with purpose of causing the contact or apprehension OR that defendant acted with knowledge that the contact or apprehension would occur with substantial certainty. Considerations: Age, Mental Incapacity, Mistake, and Transferred Intent.
400
What are the defenses to Negligence?
Contributory negligence, Comparative negligence, Assumption of risk, and Immunity.
400
If someone falls by slipping on a banana what would a defense for them be in order to show they were not negligent?
That they took reasonable precautions (such as non-slip mats) and/or acted when the banana was noticed (by putting up a hazard sign).
400
Does a defendant need to prove a fault under strict liability?
No.
400
Can one recover for emotional distress resulting from a negligent action? If so, how?
a person can recover for emotional distress, negligently inflicted, when it results from physical harm.
500
What are the possible defenses to intentional torts?
Consent, Self-Defense, Defense of Others, Defense of Property, Recovery of Property, and Necessity.
500
How can one be negligent as a matter of law (3 elements)?
A duty may be imposed by: (1) binding precedent, (2) statute, and/or (3) administrative regulation
500
Pure economic loss arises when a person suffers pecuniary loss not consequent upon injury to his person or property. Is there recovery for it?
No.
500
What are the defenses to product liability?
Negligent use with knowledge of defect. Warnings. Misuse
500
What are the three things one must prove in order to prove they were in the zone of danger?
1. They are a close relationship of the person injured by defendant’s negligence. 2. Need to be present at an injury-producing event 3. Need to suffer emotional distress, more than any other unrelated witnessing bystander