Torts
Private Nuisance
(1) Substantial and (2) Unjustifiable and unreasonable (3) Interference (4) with the use and enjoyment of the land of another
Proximate Cause (definition)
cause in which natural and continuous sequence, unbroken by any efficient intervening cause, produces the plaintiff's injury, and one from which a person of ordinary prudence could have reasonably foreseen that such a result or similar injurious result was probable
Promise
Manifestation
Of intention to act or refrain from acting in a specified way
So made as to justify a promise in understanding that a commitment has been made
First Possession
establishing possession of something that hasn’t been acquired before requires (1) intent, (2) deprivation of natural liberty, (3) continued assertion of that right, (4) notifying others of the claim, and (5) capture the best you can under the given circumstances
Holmes' Test
a suit deals with federal question IF it “arises under the law that creates the cause of action”
actor owes (1) reasonable duty of care to those persons or property that are (2) foreseeably exposed to (3) risk of harm (4) arising from the actor’s conduct
Res Ipsa Loquitur (elements)
Has to be weird (ordinarily wouldn’t happen)
Has to be under the defendant’s exclusive control (source under exclusive control of defendant)
Plaintiff didn’t contribute to the harm (circumstances aren’t there fault)
"Joking" Argument
if the offeree (or viewer) is subjectively serious and reasonably believes then it is a valid offer
Acquisition by Find
finder (Armorie) of a lost item who is rightfully and independently (Sharman) present maintains rights superior to all except against true owners and prior possessors (and pre-possessory right for site owners)
28 USC § 1441 (b)(2) [UNABLE TO REMOVE]
IF:
A civil action otherwise removable
Solely based on the basis of diversity jurisdiction
Defendant is citizen of state where action is brought
Properly joined and served
Then: May NOT be removed
General Breach
Conduct that falls below standard of care owed to foreseeable plaintiff to avoid harm under the given circumstances
Negligence Per Se
(1) Violation of safety related statute or regulation (don’t hold as much weight as statutes) (2) without excuse, (3) risking type of harm (4) to type of person statute is designed to protect (if it’s not the person it's supposed to protect, no negligence per se)
Acceptance
Manifestation of assent
to the offer’s terms
by the offeree
in a manner invited or required by offer
Adverse Possession
(1) entry is actual and exclusive (2) open and notorious (3) continuous for the statutory period, and (4) adverse and under a claim of right
Domicile Test
Must be US citizen (naturalized or birthright)
Residency
Interaction/connection with the state
Physical presence
Intent to remain indefinitely
Indefinite - no concrete plan to move somewhere else
Invitee - Premises Liability
Owner has a duty to use reasonable care to protect an invitee from conditions that create an unreasonable risk of harm of which the owner knows or by exercise of reasonable care would discover (warn invitee/fix latent harm) (aka inspect: actual and constructive)
Sudden Emergency
1. An unforeseen combination of circumstances which calls for immediate action
2. A perplexing contingency or complication of circumstances
3. A sudden or unexpected occasion for action, exigency pressing necessity
Bargained For Exchange
A performance or return promise is bargained for if:
Promisor sought it in exchange for their promise AND
Promisee gave it in exchange for promisor’s promise
Connecticut Doctrine
Hostility is measured without intent and is based on the actions and objective behavior of the adverse possessor.
Hertz v. Friend - PPOB
A corporation’s principle place of business, for federal diversity jurisdiction, refers to the place where the corporation’s high level employees control and direct the company.
Tarasoff Duty to Warn and Protect
Therapist becomes sufficiently involved to assume some responsibility for the safety, not only of the patient himself, but also of any third person whom the doctor knows to be threatened by the patient and the threat is imminent
Public Duty Doctrine
Government owes general duty to public at large but to not any one individual
Promissory Estoppel
IF:
Promise
Promisor should reasonably expect to induce action or forbearance
Does induce such action or forbearance, AND
Injustice can be avoided only by enforcement of the promise
Promisor should reasonably expect promisee to rely on promise
Then: Is Binding
Making a Gift Personal Property
The donor must intend to make a present transfer of an existing interest in the property.
The donor must deliver possession (“hand over the property”) to the donee with the manifested intention to make a gift
Acceptance by the donee is also required but seldom and issue
St. Paul Mercury Test
judge will look at injuries plaintiff alleged in complaint, and ask herself if it is possible a jury could award more than $75k for those injuries (gives plaintiff benefit of the doubt)