Intentional Torts
(1) Acting to cause apprehension of imminent bodily harm, and (2) present apparent ability to cause that apprehension
What are the elements of assault?
These are the essential elements of negligence claims, and should be addressed on any exam relating to potential negligence.
What are duty, standard of care, breach, causation, and damages?
These are the three types of warranties you'll need to know for the final.
What are express warranties, implied warranties of fitness, and implied warranties of merchantability?
It's important to get enough of this the night before an exam.
What is (sleep / water / food / rest)?
The meaning of the word translates into "saint's evening."
What is Halloween?
All intentional torts require these three elements to be met.
What are intent, act, and causation?
This rule of negligence centers around an owner's knowledge of their animal's propensities towards dangerous activities.
What is the one-bite rule?
When is a manufacturer under a duty to make its items carefully for purposes of products negligence?
If the nature of an item is such that it will place life/limb in peril when negligently made, and there is added knowledge that the item will be used by people other than the purchaser
You should spend about 20% of your time doing this before starting your exam answer
What is outlining the answers?
This is the most popular halloween costume for pets (as of 2023).
Mere reasonable force is justified when claiming this defense; deadly force is justified only when a threat to life is imminent.
What is defense of property?
Liability for this type of activity is limited to the type of danger which it tends to pose.
What are abnormally dangerous activities? (e.g., blasting operation not liable for harm of sound/vibrations).
This liability is generally set by legislatures, rather than courts, and has a more firm standard of proof than other negligence.
What is strict liability?
These strategies limit distractions on MCQs and are an effective way to boost your scores on this section.
What are (a) eliminating obviously wrong answers and (b) reading the call of the question right away?
Americans purchase (and consume) roughly this much candy by weight every Halloween.
What is 600 million pounds?
This occurs only if a plaintiff was present and contemporaneously aware, a close relative or spouse, and if D knows the plaintiff was there.
What is BYSTANDER recovery for IIED?
One justice takes a "narrow" approach to this element of negligence, while another takes a "broad" approach.
What is proximate causation? (Cardozo: narrow) (Andrews: broad)
These five elements comprise the standards to meet a manufacturing defect claim.
Commercial manufacturer, Product differs from intended result, No change in nature of product since it left D’s possession, No change in nature before P’s injuries, and Causation/Damages.
These small pieces of paper can help with memorizing concepts quickly.
What are flashcards?
This is the number of bones present in the average human skeleton.
What is 206?
Transferred intent applies to all intentional torts, except for one:
What is false imprisonment?
This type of liability occurs when the happening of the event itself proves the prima facie negligence case.
What is res ipsa liability?
This warranty cannot be disavowed by any seller of goods.
What is the implied warranty of merchantability?
Issue spot and analyze!
This is totally not spooky and absolutely attainable!
What is doing well on finals?