Assault &
Battery
Battery
This case held that a minor can be held liable for the tort of Battery if they acted with intent and with knowledge to a substantial certainty.
What is Garrett v. Dailey?
This case set the precedent that a party is liable for trespass to land if they interfere with the quiet, undisturbed, peaceful enjoyment of another's land, even without touching the actual surface of another's land.
What is Herrin v. Sutherland?
This case held that false imprisonment is the direct restraint of the physical liberty of another without legal justification.
Big Town Nursing v. Newman
The facts and name of the case that established that leaving an object that is not inherently dangerous lying on the ground available for others to use does not make you liable for negligence. The harm must be foreseeable.
What is Lubitz v. Wells? (In which a kid swinging a golf club that was left in a yard accidentally hit another kid.)
In this case, a woman in a vaccination line was vaccinated after she declined to state that she did not wish to be vaccinated. This case set the standard for implied consent.
What is O'Brien v. Cunard S.S. Co.
This case held that intent to make contact is all that is necessary to meet the intent element in a battery claim.
What is Wagner v. State?
The rule established in Gidden v. Szybiak. (In which a kid was playing with a dog and got bitten on another's property without their permission)
What is "An individual is liable for trespass to chattel when they, without consent or privilege, use or otherwise intentionally intermeddle with chattel that is in the possession of another, and the chattel is impaired in its condition, quality, or value."
This case held that a victim cannot recover damages for false imprisonment unless the victim had a conscious knowledge of the unlawful confinement at the time the confinement took place.
A case in which a passenger grabbed the steering wheel multiple times while in motion, resulting in the car veering and hitting a tree.
Piper v. Parsell
In this case, a football player struck another on the back of the head during a game. Provide the case name & Rule.
What is Hackbart v. Cincinnati Bengals inc.
"A party is liable for the intentional, unauthorized striking of another, even during the course of an otherwise violent activity, if it is outside of the scope of consent."
This precedent was set in McGuire v. Almy. (A mentally insane woman hit her nurse over the heaed with the leg of a chair)
What is: A legally insane person who causes intentional damage to a person or property shall be held liable for their torts.
The facts of Compuserve Inc. v. Cyber Promotions, Inc.
What is " A company intentionally bypassed the cybersecurity of another company to continuously send spam to another company."
The rule held by Hardy v. LaBelle's Distributing Co. (In which a temp employee was taken on a "tour")
What is: In order to hold a person liable for FI, a party must prove they were unlawfully restrained without their consent.
Case that established that "Liability for negligence due to failure to take safety precautions exists if the burden for taking such precautions is less than the probability of injury."
This case ruled that a decision made in good faith without consent, or the absence of evil intent does not operate as a defense to the tort of battery.
What is Mohr V. Williams?
This case held that to constitute an assault, there must be an intentional, unlawful offer to touch another in a harmful or offensive manner under circumstances that create a well-founded fear of an imminent battery.
What is Western Union Telegraph Co. V. Hill?
The case that established the rule that "Conversion is an intentional exercise of control over a chattel which so severely interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel."
What is Pearson v. Dodd?
This case held that insults were not enought to hold a tortfeaser liable for IIED.
What is Slocum v. Food Fair Stores of Florida?
Rule established by Vaughn v. Menlove. (In which a man's haystack caught fire after he was warned multiple times.)
What is "A person has a legal duty to use their property with the same level of ordinary care that a reasonable person would exercise.
The rule in Katko v. Briney. (In which a property owner set up a spring trap in an abandoned house to injure burglars.)
The rule established by Fisher v. Carrousel Motor Hotel (In which a worker snatched a plate out of a Black man's hands)
What is: A party is liable for damages for humiliation for an intentional, offensive touching of anything connected with another individual. Actual physical contact is not required.
Brown's elements for conversion.
What is (1) The intentional exercise of dominion or control over a chattel; (2) Ownership and legal possesion with the owner; (3) Caused harm or damage; (4) Substantial interference; (5) Lack of consent or permission.
The rule set by Taylor v. Vallehunga. (In which a young girl witnessed the beating of her father.)
To be liable for IIED the act must be done for the purpose of causing emotional distress with knowledge to a substantial certainty that their conduct will produce severe emotional distress. They must be aware they are there.
This case set the precedent that expert testimony from a qualified expert is admissible if it will assist the jury in comprehending the evidence and if it relies on peer-reviewed research that was not created solely for the purpose of litigation.
What is Daubert v. Merrell Dow Pharmaceuticals
Case in which an individual anchored a boat to a dock during a storm, and the boat damaged the dock.
What is Vincent v. Lake Erie Transportation?