Intentional Torts
What tort is the intentional, unpermitted touching of you or something so connected to you in an offensive manner?
What is Battery?
What is consent?
This standard of care is adjusted for certain types of people. Who are they?
What is an adjustment for disabled people, children, mentally ill people, and professionals?
When the accident may have been attributable to one of several causes, some of which the defendant is not responsible.
What is a divided responsibility case?
This is where separate acts of negligence combine to produce directly a single injury.
What are concurrent causes?
This tort is the intentional causing of the apprehension of an imminent battery.
What is assault?
What is self-defense?
The standard duty of care.
What is a person owes a duty to use reasonable care according to the standard to avoid foreseeable risks of harm to another?
Negligence is a BLANK to another if it was a substantial factor in bringing about the harm.
What is causation in fact?
A case where a plaintiff is injured by a drug of unknown source and can recover against multiple known manufacturers of the drug under the market share theory.
What is DES case?
This tort is intentional, reckless conduct that is outrageous and causes severe emotional distress.
What is intentional infliction of emotional distress?
What is the recovery of property?
The standard that medical professionals are held to.
What is a national standard?
This states that liability for tortious conduct is limited to the reasonably foreseeable consequences of any given act.
What is proximate cause?
When a plaintiff cannot recover at all if they were negligent.
What is contributory negligence?
This tort is the intentional, physical, unlawful entering into the close of another.
What is trespass to land?
This defense allows someone to enter or remain on land in the possession of another if it is or reasonably appears to be necessary to prevent serious harm to the actor or a third person.
What is private necessity?
The crucial issue for this element is whether the defendant had sufficient notice to take corrective action.
What is breach of duty?
These causes remove liability for negligence.
What are superseding causes?
This applies when an employer, master, or principal is liable for its employee, servant, or agent.
What is respondeat superior?
This tort is the intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it.
What is conversion?
The defense allows someone to enter land in the possession of another if it is necessary for the purpose of averting an imminent public disaster.
What is public necessity?
The evidentiary rule that allows a plaintiff to establish a rebuttable presumption of negligence on the part of the D through the use of circumstantial evidence.
What is res ipsa loquitor?
A BLANK does not assume the risk of injury when they knowingly undertook the dangerous rescue, as long as they do not act rashly or reckessly.
What is a rescuer?
Strict liability is imposed on an activity when the activity is "BLANK" in that it inherently involves an abnormally increased risk of danger to others.