Intentional Torts
Name all of the intentional torts
Assault
Battery
IIED
False Imprisonment
Trespass to Chattels
Conversion
This category of torts imposes liability regardless of fault.
Strict Liability
What is the majority and minority test for assumption of the risk?
Majority: Express
Minority: Implied (second)
What would it be if there were a pesticide bottle where there was no information for users indicating that inhaling the spray could cause serious respiratory damage?
A Warning Defect
This rule is for when there is a known factory nearby that is very loud with bright lights 24/7, before you move in nearby.
Coming to the Nuisance
Name 3 Defenses to Intentional Torts
1) Consent
2) Self-Defense
3) Defense of Others
4) Defense of Property
5) Necessity
6) Shopkeepers Rule
This doctrine applies to activities that create a foreseeable and highly significant risk of harm even when the utmost care is exercised.
Abnormally Dangerous Activities
Name 2 types of consent
1) Express
2) Implied
3) Apparent
4) Effective
What are the steps to proving "Causation" in Warning Defect Cases?
1. Prove that the product caused the injury
2. Prove that a warning would have altered the user's behavior, such as to avoid the accident
What levels of "Defense" are/are NOT appropriate when defending your property?
Allowed: Reasonable Force
NOT Allowed: Deadly Force
Name two ways a defendant can commit trespass to chattels.
1) Dispossession
2) Intermeddling With
Name three factors the court considers when deciding whether an activity is abnormally dangerous.
1. High probability of risk of harm
2. Likelihood of severe harm
3. Inability to eliminate risk by reasonable care
4. Not a matter of common usage
5. Inappropriateness of the location of the activity
6. Danger outweighs the value of the activity to the community
This affirmative defense is a complete bar for recovery if the plaintiff is found to be 1% liable.
Contributory Negligence
What are ALL of the tests required for the 3 types of "Product Liability" claims?
1) Reasonableness (Warning/Instruction)
2) Consumer Expectation (Design)
3) Risk Utility (Design)
4) Comparing the flaw to the specs/manufacturing (Manufacturing)
When can the Government claim immunity? When can't they?
Can: Discretionary Conduct (Planning & Policy Making)
Can NOT: Ministerial Conduct (IMPLEMENTING Planning & Policy Making)
What is required to satisfy the "Affirmative Voluntary Act" element for Assault?
Aggressive Conduct.
Words alone are NOT enough.
This doctrine holds that the government is not liable under the FTCA for injuries to service members when the injuries arose out of, or were in the course of, activities incidental to service
Feres Doctrine
This affirmative defense is the majority rule for determining the allocation of risk/percentage of damages.
Comparative Fault
This rule is for when Manufacturers are found not to be liable for failing to make adult products child-proof.
Open and Obvious Rule
This type of privilege can shield a defendant from liability for what would otherwise be an intentional tort when they act to prevent a threatened harm and the action was reasonably necessary and proportionate.
Public/Private Necessity
What Intentional Tort can be satisfied by contacting something connected/related to a person?
Battery
Courts typically do not impose strict liability for injuries arising from this kind of animal, unless the owner has knowledge of its dangerous propensities.
Domestic Animals
This defense states that there was either written or oral permission to release the party from the obligation of reasonable care for an activity that is inherently dangerous
Express Assumption of the Risk
1. Reduce accidents by influencing users to act more carefully than they would if they did not know of the risks
2. Provide risk information to users so that they can make an informed choice on the use of/exposure to the product
What is it called when a store owner detains a suspected shoplifter based on reasonable cause and holds them for an unreasonable amount of time?
False Imprisonment