Elements
The elements of battery are:
Intent (Purpose or Substantial Cert.) + [Causation] + harmful OR offensive + indirect or direct contact
What is a custom?
Practices/policies of a group
Name the affirmative defense when:
QQ punches JJ after JJ agreed to play a round of boxing
Consent
Name the cause of action which would result from:
QQ yanks JJ to the ground
Battery
What negligence doctrine can be applied when:
JJ, a barber, chooses not to buy safety clips due to his confidence. The safety clips can be bought cheaply. Barbers normally use safety clips to prevent a serious cut from their tools to their clients.
BPL
Is there a cause of action here?
JJ, breaks up with QQ after 10 years dating. QQ goes through depression.
No, conduct would not be outrageous and extreme
Is there a cause of action? If so, what is it? (Don't forget the BECAAAUUUSSEEEE)
QQ and JJ have a sleepover. JJ leaves for a morning run while QQ remains asleep, before leaving JJ locks QQ in the bedroom as a joke. JJ returns and unlocks the bedroom, finding QQ has yet to wake up.
No. while JJ did momentarily detain QQ, the detention ended before QQ was aware of the detention. False imprisonment requires awareness of intentional detention.
The elements of assault are:
Intent (Purpose or Substantial Cert.) + [Causation] + reasonable apprehension + imminent battery
What does BPL measure?
When a person's conduct would fall below the reasonable standard line
Name the affirmative defense when:
QQ runs a thrift store. QQ stops JJ when QQ spots JJ walk out of the store wearing a scarf that QQ did not ring up.
Shopkeeper's Privilege
Name the cause of action which would result from:
QQ holds up a frisbee and tells JJ "I'm going to throw this at you and hit you right now".
Assault
Name the Negligence doctrine you'd use when:
QQ places plants along window frame. In the morning, JJ is on their morning run. QQ wants to enjoy the breeze so they open their window. As JJ runs past QQ's apartment, located a few stories up, QQ's cat jumps onto the window and knocks a flower pot over. As JJ runs, they're hit on the head with the flower pot.
Res Ipsa Loquitur
What cause of action arises when:
QQ goes onto JJ's lawn to take a shortcut as QQ heads home.
Trespass to land
Did JJ demonstrate reasonable duty of care when:
JJ, a 5-star chef, rushes to cook for the lunch rush hour. While making eggs, JJ leaves an eggshell behind. QQ is served the scrambled eggs with the eggshell and is injured.
No, a chef would be expected to take the reasonable duty that chefs would take of ensuring eggshells weren't in the food.
The elements of negligence are:
Duty, Breach, Cause of Injury, Damages
What doctrine would you use when direct evidence of why accident occurred is unavailable?
Res Ipsa Loquitur
Name the affirmative defense when:
JJ punches QQ as QQ yells "I'm going to beat you up, get back here!"
Self Defense
Name the cause of action which would result from:
QQ makes a fresh pot of coffee for himself with the last remaining coffee beans. QQ goes to grab his phone. JJ sees the coffee, and pours it all for himself and drinks it.
Conversion
Name the Negligence doctrine you'd use when:
JJ drives through a "STOP" sign which leads to a collision with QQ's car, who sues JJ for negligence.
Negligence per se
In the trucking industry, it's common to leave your engine running while you nap. JJ, keeping up with the practice, takes a nap while truck stays running. As JJ naps, the truck backfires and the fire from it causes QQ's favorite tree to catch fire.
Custom
Is JJ negligent themselves here?
JJ, a blind person, has a guide dog. Today, JJ walked without the guide dog or a cane. As JJ walked, they trip over a chair that QQ had left out on the sidewalk.
Yes, people with impairments are expected to use medical tools available to them. JJ did not exercise reasonable standard of care.
The elements of trespass to land are:
Intent (Purpose or Substantial Cert.) + [Causation] + entry OR remain OR leave something behind
Under the Learned Hand Formula, must B be greater than PL or less than PL for it to assign liability of negligence?
Less than
(B<PL)
Name the affirmative defense when:
QQ believes JJ's lawn is really part of their land. Thus QQ lets their dogs roam the lawn. JJ spots the dog on the lawn and pokes the dogs with a stick, poking until they leave.
Defense of property
Name the cause of action which would result from:
QQ blindfolds JJ and takes JJ to a halloween store, knowing JJ is terrified of spooky things. JJ gets scared, causing him to run out of the store and have nightmares for a month.
(IIED)
Name the Negligence doctrine you'd use when:
JJ, a restaurant owner, expects its employees to mop their floors early in the morning, which is common practice with other restaurants. However, QQ, a customer, slips due to the wet floors.
Custom
What doctrine of negligence can be used here?
JJ, a cook, tired and ready to go home, forgets to not check if gas stove is off. The next morning, as the waiters prepare the tables with candles, an incident occurs.
BPL
QQ, angry at JJ for getting the last bit of ice cream, goes over to JJ and begins to aim their fist at JJ. JJ spots QQ and quickly moves and escapes from QQ's reach.
Due to the transfer of intent. While QQ meant to cause a battery, transfer of intent permits intent to carry of to an applicable tort.
For fun, analyze assault tort :)
The elements of trespass to chattel are:
Intent (Purpose or Substantial Cert.) + [Causation] + harmful intermeddling OR dispossession
Does custom = reasonable standard?
In other words, does violating a custom prove negligence?
No
It can be considered towards standard, but is not enough to prove negligence on its own. Not conclusive.
Name the affirmative defense when:
JJ and ZZ own the land nearest to a wildfire. QQ burns their lawn to prevent the fire to burn onto their land which would then risk the lawns of the neighbors, including QQ.
Absolute Privilege of Public Necessity
Name the cause of action which would result from:
JJ locks the doors of his house. JJ aimed to keep QQ indoors until they returned home. QQ tries to leave, but no door can be opened from the inside.
False Imprisonment
QQ, a barrel store owner, knows the barrels are not secured and can fall. Yet, due to QQ being busy, they ignore it and focus on other tasks. JJ, walking by the building gets hit by the barrel.
But-for test
Transfer of Intent may apply to:
IIED, Assault, Battery, False Imprisonment
Is there a cause of action? If so, what is it? (Don't forget the BECAAAUUUSSEEEE)
JJ tells QQ that the electric shock produced by the toy only produces 10wattz, instead of the actual 50wattz, to not scare off QQ from trying it out, thinking QQ's reaction will be funny. QQ says "okay sure".
Yes! Battery! While QQ did consent to the electric shock, QQ did so under the impression it would only be 10wattz, not actually 50wattz. Thus the affirmative defense of defense cannot apply here, JJ misrepresented the activity. Since, the shock caused harm to JJ there is a case for battery. QQ intentionally wanted JJ to get shocked.
The elements of Intentional Infliction of Emotional Distress are:
Intent (Purpose or Substantial Cert.) + [Causation] + extreme AND outrageous conduct + severe emotional distress
For Negligence per se to apply what must defendant possibly violate?
Statute, Ordinance, Regulation
Name the affirmative defense when:
As JJ's house is burning, JJ runs onto QQ's land to grab QQ's hose to then use it to put out the fire.
Incomplete/Qualified Privilege of Private Necessity
Name the cause of action which would result from:
QQ borrows JJ's newest Iphone to watch a scary movie. QQ gets scared and drops the phone, cracking the screen, but it's still operational.
Trespass to chattel
What can JJ use as a defense when:
While JJ is driving onto a new block, ZZ is playing with their friends, kicking a soccer ball. The soccer ball rolls onto the road and ZZ runs after it, JJ to avoid hitting ZZ swerves onto the next lane causing a collision with QQ.
Sudden emergency
What cause of action(s) arises when:
QQ and JJ are walking together. ZZ spots QQ, his mortal enemy. Angered, ZZ goes towards QQ and raises their fist to punch QQ. QQ sees and ducks, leading to ZZ punching JJ.
Assault on behalf of QQ
Battery on behalf of JJ
QQ, JJ's academic enemy, grabs JJ's tort's textbook and throws it into the lake. ZZ, a witness of QQ's action, informs JJ of what happens.
JJ may file suit for conversion against QQ. Conversion requires an intent, through either a purpose or substantial certainty, to cause dominion or control over a person's chattel which seriously interferes with their enjoyment of the chattel that it justifies the force sale of the chattel for up to its full market value.
Here, QQ expressed the purpose to disturb JJ's ownership of the tort's textbook by throwing the book into the lake. As the textbook is lost in the water, JJ no longer can enjoy the book and would need to acquire a new one. Thus, due to the throwing of the book, QQ took control over JJ's ownership of it to the point where QQ could be expected to pay for the chattel's market value.
The elements of false imprisonment are:
Intent (Purpose or Substantial Cert.) + [Causation] +direct or indirect detention + awareness of detention or harm
Is Res Ipsa Loquitur enough to prove prima facie case of negligence?
(Hint: think D.C. case)
No
Name the affirmative defense when:
JJ's house was along the ocean cliff. QQ, a city worker, went onto his land without permission to install spikes into the ground to prevent a landslide from happening which would have taken several homes with it.
Absolute Privilege of Public Necessity
Name the cause of action which would result from:
JJ takes QQ's streetfighter game without QQ knowing. Next week, QQ craves to play the game but can't find it. He spends 2 weeks looking for it until he gives up and buys a new version of the game. After a month, JJ confess he took it and tries to return it.
Conversion
Does Negligence per se apply here?
QQ knows their lawn is not up to state's building standards which require homeowners to maintain their lawn to avoid fires. JJ, walks on the sidewalk when a rat, hiding in the tallgrass in QQ's lawn, comes out and bites JJ. JJ sues for negligence.
No! Statute used only focuses on preventing harm regarding fires, not mice.
Name all the causes of actions that may arise when:
JJ walks onto QQ's farm and picks a mango off QQ's mango tree. JJ eats the mango as he enjoys the view.
Trespass to land, Trespass to chattel, Conversion
Explain the different suits for trespass to chattel here:
QQ takes JJ's soccer ball and returns it the next day by throwing it through JJ's bedroom window, which dents JJ's gaming console. Out of anger, JJ goes to QQ's house at night and keys QQ's bicycle.
3 trespasses to chattel:
Soccer ball taken from JJ (dispossession element)
Gaming console is dented (Harmful intermeddling element)
Bicycle keyed (Harmful intermeddling)
Extra: Possible trespass to land (airspace of window + JJ being on QQ's land)
The elements of conversion are:
Intent (Purpose or Substantial Cert.) + [Causation] + dominion OR control + justify forced sale of chattel for up to its full value
How do you know if negligence per se applies? In other words, what do you have to ensure about the accident that happened?
That Statute/Ordinance/Regulation protects class of people that P is a part AND that it seeks to prevent harm that was done to P
Is there a possible affirmative defense when:
JJ places a sign "Do Not Enter" in front of his gate, yet QQ enters his land in order to shoo away a cow that would've eaten JJ's precious grass.
No, Incomplete/Qualified Privilege of Private Necessity does not apply when QQ knows JJ does not want QQ or anyone on their land.
Name the cause of action which would result from:
JJ and ZZ are playing football, the football lands on QQ's lawn, as they are going to go get it MM (their mom) calls them in for dinner and thus they go inside instead of grabbing the football
Trespass to land
Was duty breached when:
JJ, working on a construction project, chose to save money by not buying cones which are quite cheap and would have bordered the site. QQ, walking at night near the site, steps on a nail.
Yes! The burden (cost) was quite low, compared to the possibility of an injury multiplied by the injury caused.
Name all the causes of actions that may arise when:
QQ runs towards JJ yelling "I'm going to get you". JJ, unable to outrun QQ, gets punched by QQ. After the incident JJ has flashbacks and great sadness whenever QQ is in view.
Assault, Battery, and IIED
Name and brief each cause of action possible here:
QQ gifts JJ an aroma machine with a scent that QQ knows causes deep sleep and weakness. A week later, JJ uses the machine. They feel sleep and too weak to ever get up and out of bed. It isn't until a week later a friend visits JJ, who turns the machine off as JJ sleeps, that JJ is able to finally feel better. After going to the doctor, JJ finds out the reason for their symptoms.
Battery - Purpose (desire) of causing the symptoms through their knowledge of what the scent provokes. Cases, like smoking case, has told us that harm can be done indirectly and by smoke. The smoke is the reason JJ is sick. We've shown, Intent + Cause + Harmful/Offensive contact + direct or indirect, all the elements required!
False Imprisonment - QQ desired JJ to feel sleepy and weak. Those symptoms could be reasonably found to cause someone unable to move, at least far. JJ indeed was bedridden and forced to stay in their room. Shown, intent + cause + detention. Last element of harm/awareness can be argued either way. JJ was harmed. Awareness only occurred once they went to the doctor.