Name that Tort!
This tort occurs when someone intentionally causes harmful or offensive contact with another person without consent.
This privilege can be express or implied
What is consent?
This foundational element of negligence sparked a famous debate between Justices Cardozo and Andrews.
In jurisdictions that follow this doctrine, a plaintiff is completely barred from recovering damages if they are found to have contributed even 1% to their own injury.
What is contributory negligence jurisdiction?
These damages are awarded in cases like trespass to land, where no actual harm occurs but the court wishes to affirm the plaintiff’s rights.
What are nominal damages?
This tort occurs when someone intentionally enters another person’s property without permission.
What is trespass to land?
Jamie punches Alex after Alex raises a fist and says, “I’m going to hit you!” Jamie claims they acted to protect themselves from imminent harm. This is an example of which privilege?
What is self-defense?
A pedestrian is seriously injured when a brick falls from a construction site and hits them on the head. The pedestrian sues the construction company. However, the construction company claims that multiple contractors were working on the site and denies responsibility. What is the plaintiiff's best argument for breach?
What is res ipsa loquitur?
In this system, a plaintiff who is partially at fault can still recover damages, but their award is reduced based on their percentage of fault.
What is comparative negligence jurisdiction?
These damages are awarded to cover medical bills, lost wages, and pain and suffering when a plaintiff is injured due to the defendant’s negligence.
What are compensatory damages?
This tort occurs when someone’s extreme and outrageous conduct causes severe emotional distress to another person.
A homeowner uses reasonable, non-deadly force to remove a trespasser from their backyard after repeatedly asking the trespasser to leave. Which privilege might protect the homeowner from liability for battery?
What is defense of property?
A driver runs a stop sign and collides with another vehicle, injuring the other driver. The plaintiff argues that they would not have been injured had the defendant stopped. What test does this analysis describe?
What is the but-for test?
This is the best defense against a plaintiff spectator at a hockey game who is injured by a stray puck.
What is assumption of risk?
When a defendant negligently totals the plaintiff’s car, the plaintiff may recover the fair market value of the vehicle under this type of harm.
What is property damage?
This tort occurs when someone intentionally causes another person to reasonably apprehend imminent harmful or offensive contact.
What is assault?
Taylor sees Jordan about to strike Sam with a bat and tackles Jordan to prevent the attack. Taylor claims their actions were necessary to protect Sam from imminent harm. What privilege might Taylor assert?
What is defense of others?
Two drivers, Chris and Jordan, are both speeding and collide with Taylor, a pedestrian in a crosswalk. Neither driver would have hit Taylor without the other’s involvement. What type of causation does this scenario illustrate?
A defendant negligently rear-ends a car at low speed, causing minor damage to the vehicle. The plaintiff driving the car has an undiagnosed spinal condition that makes the impact result in permanent paralysis. This is plaintiff's best defense to unforeseen consequences.
What is the eggshell plaintiff rule?
These damages compensate a plaintiff for lost wages after a workplace accident, but only if the economic loss stems from a physical injury.
What is economic harm?
This intentional tort occurs when someone exercises dominion or control over another’s personal property, effectively destroying or appropriating it.
What is conversion?
A hiker breaks into a cabin during a sudden snowstorm to avoid freezing to death. Although the hiker damages the door, they claim the action was justified to prevent serious harm. Which privilege might apply, and what additional consequence might the hiker face?
what is private necessity?
A construction company fails to follow a safety regulation requiring protective barriers around a hole, and someone falls in. The injured person argues the regulation violation automatically establishes breach. What doctrine applies?
What is negligence per se?
A passerby sees a child trapped in a burning car after an accident caused by the defendant’s negligence. The passerby rushes to help, pulling the child to safety but suffering severe burns in the process. The defendant argues they should not be liable for the passerby’s injuries because the passerby voluntarily entered the dangerous situation. This is plaintiff's best defense.
What is "danger invites rescue" or the rescuer doctrine?
A plaintiff suffering PTSD and severe anxiety after being physically burned in a fire may recover for this type of harm if it is directly traceable to the physical injury.
What is emotional harm?
This intentional tort occurs when someone confines another person to a bounded area without lawful justification.
What is False Imprisonment?
A shopkeeper chases a customer they saw take an item without paying and uses reasonable, non-deadly force to recover the property. If the customer sues for battery, what privilege might the shopkeeper assert?
What is recovery of property?
Two hikers negligently start separate fires that merge and destroy a nearby cabin. Either fire alone would have destroyed the cabin. What type of causation allows both hikers to be held liable?
What is the multiple sufficient causes doctrine?
A passerby sees someone choking in a restaurant and performs the Heimlich maneuver, unintentionally breaking the person’s ribs in the process. The injured person sues for damages. The passerby claims immunity under a Good Samaritan law, but the injured party argues the passerby acted negligently. What must the passerby prove to successfully invoke the protection of the Good Samaritan law?
In jurisdictions that follow this rule, a plaintiff who is 75% at fault for their injuries can still recover 25% of their damages.
What is pure comparative negligence?
This intentional tort occurs when someone interferes with another person’s personal property, causing damage or deprivation of use.
What is Trespass to Chattels?
A store manager detains a customer they reasonably suspect of shoplifting after witnessing suspicious behavior. If the customer sues for false imprisonment, what privilege might the store manager invoke?
what is shopkeepers privilege?
A doctor misdiagnoses a patient’s condition because they failed to order a standard test that any competent doctor would have performed. What standard of care should the doctor be held to? (you must say the entire standard).
What is a reasonably prudent member of their specific profession, acting under similar circumstances?
While delivering packages for South Park Parcel Service, a driver takes a 30-minute detour to visit a friend. On their way back to the delivery route, they cause an accident. The company argues they are not liable because the driver was engaged in this type of substantial deviation from their employment.
What is a frolic?
In a jurisdiction with a 50% bar rule, this happens to a plaintiff’s recovery if they are found exactly 50% at fault.
What is the plaintiff can recover none of their damages?
This tort involves a failure to act with the level of care that a reasonable person would use in similar circumstances, leading to harm that wouldn’t have occurred otherwise.
What is Negligence?
A firefighter destroys a fence while creating a firebreak to stop a wildfire from spreading to nearby homes. What privilege could the firefighter assert to avoid liability for property damage?
What is public necessity?
This doctrine could hold South Park Parcel Service liable for a delivery driver’s negligence, even if the driver made an unapproved stop at a fast-food restaurant just before causing an accident.
What is respondeat superior?
At South Park Summer Camp, Cartman negligently leaves a smoldering marshmallow stick by a dry pile of leaves. Moments later, Kenny lights a firecracker nearby, which lands near the pile but does not immediately ignite anything. Shortly afterward, the smoldering stick ignites the pile, causing a massive fire that destroys the camp’s main cabin. Both are sued for negligence. What is Kenny’s best argument to avoid liability?
What is: that Kenny's conduct was not a substantial factor in causing the plaintiff's harm?
In a jurisdiction following the 51% bar rule, a plaintiff is found to be 50% at fault for their injuries, while the defendant is 50% at fault. If the plaintiff’s total damages are $200,000, this is the amount they can recover.