Torts
Civil Wrongs (outside breach of K)
Tortious Conduct
Torture?
Tortilla
100
What is a tort and what three elements are needed for a tort according to R2d
Hint, it's very basic
A tort is a civil wrong outside a breach of conduct in which the law prvides a remedy
The three elements are act (tortious conduct), intent (requisite mental state), causation
100
What are the Three types of people that could enter your land? Briefly describe the duty owed to each.
Trespassers: refrain from willful, wanton, reckless, or intentional misconduct.
Invitee: Reasonable care to inspect, discovery dangerous conditions, and protect invitee from them; non-delegable duty
Licensee: Warn of concealed dangers that are known and could be obvious. No duty to inspect
100
I approach a woman wanting to get her attention to talk to her. After one look at me she says, "Ew leave me alone". I tap her on the shoulder to stop her from walking away. Unbeknowsnt to me, she has a severe bone disease that makes her shoulders extremely fragile. Her shouder instantly falls off the bone and she collapses. Am I liable to her, if so how?
What is battery under the eggshell doctrine?
100
What are the elements of negligence?
Duty
Breach of duty
Causation (actual and proximate)
Damages
100
Explain the two types of negligence jurisdictions and what is the difference between them?
Contributory negligence and Comparative negligence
Contributory negligence doctrine bars plaintiffs from collecting damages if they are found even 1% at fault.
Comparative negligence doctrine apportions fault based on percentage.
200
A child defendant is generally held to a child-of-like-age standard, except when doing this activity
What is engaging in adult/dangerous activities?
200
What is the firefighter's rule?
An emergency professional, such as a police officer or firefighter, is barred from recovering damages from the party whose negligence caused the professional’s injury if the injury results from a risk inherent in the job.
200
When does an intervening event (an act or event occurring after the defendant’s tortious act and before the plaintiff’s injury) cut off a defendant's liability?
An intervening event that breaks the chain of proximate causation between the defendant’s tortious act and the plaintiff’s harm is a superseding cause. An unforeseeable intervening event is generally treated as a superseding cause, while a foreseeable intervening event generally is not.
200
In negligence actions, what standard of care applies to a professional?
A professional person (e.g., doctor, lawyer, or electrician) is expected to exhibit the same skill, knowledge, and care as an ordinary practitioner in the same community.
A specialist may be held to a higher standard than a general practitioner because of his superior knowledge.
Establishing negligence by a professional person generally requires expert testimony to establish both the applicable standard of care and the defendant’s deviation from that standard.
200
A store clerk mocks a customer for spilling coffee. The customer is embarrassed but not physically harmed. IIED...(likely/unlikely)
What is unlikely (not extreme and outrageous)?
300
This type of force cannot be used to protect property
What is deadly force?
300
The line between trespass to chattels and this tort is sometimes subtle and depends on the degree of interference
What is conversion
300
A delivery leaves a spill in a convenience store. Another customer slips within minutes. What would make the convenience store liable.
What is had the opportunity to clean the spill within a reasonable time.
300
: D ties his boat to P’s dock during a violent storm, saving himself but damaging the dock. Is D allowed to be there? If so, under which doctrine? Must D still pay for the damages
What is private necessity (a qualified defense)? He must still pay for his tortious conduct.
300
What is the general standard of care in a negligence action?
What about for a person who is blind?
The general standard of care imposed is that of a that of a reasonably prudent person under the circumstances. The standard is an objective one. Under this standard, the defendant is presumed to have average mental abilities and the same knowledge as an average member of the community, but a defendant’s particular physical characteristics (e.g., blindness) are taken into account.
Note: If a defendant possesses special skills or knowledge, she must exercise her superior competence with reasonable attention and care.
400
False imprisonment requires that the victim be aware of confinement or suffer this
What is actual harm/injury?
400
What is the definition of a conversion and what damages can the defendant recover?
The defendant intentionally commits an act depriving the plaintiff of possession of her chattel or interfering with the plaintiff’s chattel in a manner so serious as to deprive the plaintiff of the use of the chattel.
Note: The plaintiff may recover damages in the amount of the full value of the converted property at the time of the conversion. Alternatively, the plaintiff may bring an action for replevin to recover the chattel.
400
A child swinging a bat who accidentally hits someone can still be liable if they had this mental state.
What is intent to cause harmful or offensive contact?
400
What is the most important thing a plaintiff must prove to be awarded damages in a negligence action? Also what damages are not available?
The plaintiff must prove actual physical harm (bodily harm, property damage) to be entitled to damages for negligence.
pure economic damages are not available.
400
For an act to count in tort law, it must be this type of movement, not accidental.
What is a voluntary act
500
What is the Merchant's privilege?
A merchant is privileged to use force against another for the purpose of (i) investigating, (ii) recapturing, or (iii) facilitating an arrest.
To be entitled to this privilege, the merchant must reasonably believe that the other has wrongfully (i) taken/is attempting to take merchandise; or (ii) failed to pay.
In addition, the merchant's use of force against the other must be (i) on or near the premises, (ii) reasonable, and (iii) for a reasonable time.
500
A delivery driver breaks a statute requiring brake inspections, causing an accident. The driver argues it was an unavoidable mechanical failure. This defense might counter...
What is negligence per se?
500
A worker ignores a safety regulation on a construction site and is injured. Negligence per se might not apply because
What is the worker is not in the class the statute was designed to protect?
500
A toy has small detachable parts. The toy is cheaper and fun but poses a choking hazard. Under risk-utility, liability may exist if
What is a safer design was feasible without destroying the toy’s utility?
500
A player in a football game is injured when an opponent uses equipment to intentionally strike them. Consent is...
What is invalid due to the contact being outside the scope of the sport?