Intentional Torts
What is required for a prima facie case of an intentional tort?
An act, intent, and causation.
What are the four elements of negligence?
Duty, Breach, Causation, & Damages
What is Contributory Negligence?
All or Nothing Rule – even relatively minor failure of the plaintiff to exercise ordinary care for her own safety would completely car recovery
One who enters property of another with owner’s knowledge and for mutual benefit of both the premise is held open to the public or for a purpose connected with business or possessor
Invitee
What day do Star Wars fans celebrate “National Star Wars Day”
May 4th
*May the 4th be with you*
What is Intent?
The purpose or knowledge to a substantial certainty that an unpermitted contact will occur.
What is the Reasonable Prudent Person Standard?
This standard is used to see how likely a certain harm is to occur, how serious the harm would be if it did occur, and the burden involved in avoiding the harm. Attendant circumstances may apply such as physical disabilities, professional knowledge, being a minor, or emergency situations.
What are the two types of Comparative Negligence?
Pure and Modified
1. Pure - damages in proportion of percentage of plaintiff’s fault
2. Modified-
a. If plaintiff is less liable than defendant, plaintiff recovery reduced by percentage of plaintiff’s fault
b. If plaintiff is more than defendant, plaintiff is barred from recovery
c. If equally at fault, plaintiff recover 50%
What is the duty owed to a licensee?
Use ordinary care either to warn a license of, or to make reasonably safe, a dangerous condition of which the owner is aware, and the licensee is not
Which rapper released the music video for "Denial is a River" in January 2025, inspired by '90s sitcoms
Doechii
What is Battery?
(1) Defendant intends to cause contact with the plaintiff
(2) either through offensive or bodily harm contact, and
(3) the plaintiff foes not consent to the tortious conduct of the defendant
What is this: the standard of care for the defendant is set by statue, and violation of the statue satisfied both the duty and breach elements of a primia facie case of negligence.
Negligence Per Se
*Elements
1. A statue was violated without excuse, by the defendant
2. The statue protected a particular class of people (the plaintiff)
3. The statue protected against a particular type of harm; and
4. Defendant’s violation of statue was proximate cause of harm
What is Assumption of the Risk?
Theory of assumptions is that the parties have voluntary consented have one party pair the risk of injury
Is there a duty to undiscover trespasser?
No duty – there is only a duty to avoid intentional, wanton, or willful injury when landowner has not discovered or received notice of imminent danger to the entrant
What year did Prince Harry and Meghan Markle step down as senior royals and leave the Royal Family?
2020
What is False Imprisonment?
The intentional confinement of the plaintiff to a bounded area, in which the plaintiff is aware of or harmed by, and is without reasonable means of escape
What is Negligence Res Ipsa Loquitur?
(1)The accident which caused the plaintiff’s injury was one which ordinarily does not happen in the absence of negligence, (2) the instrumentality or agent which caused the accident was under the exclusive control of the defendant; and (3) the plaintiff did no cause or contribute to the accident
In a pre-injury release (exculpatory contract) must be clear, conspicuous, and unambiguous, but will be unenforceable if:
Waiver offends public policy or rules of contract limit the waiver
What is the firefighter’s rule?
Bars a public employee’s claim against defendant, whose negligence caused to the person during an on-the-job injury
How many kids does Nick Cannon have?
12
What are the factors the court will examine to consider whether the defendant shall pay full value of chattels in conversion of chattels? (Name at least 2)
1. The defendant’s intent to assert a right to the property
2. The defendant’s good faith
3. The harm done, and
4. Expenses or inconvenience caused
What are the two types of causation & their tests?
Actual Causation
1. The defendant’s conduct actually caused harm to the plaintiff and
2. But for the defendant conduct, the plaintiff would not have suffered from the action that occurred (But-for Test)
Proximate Cause
1. A defendant is only liable for consequences which are reasonably foreseeable
2. At the time of the plaintiff’s injury are foreseeable and within the zone of danger of the defendant’s conduct
What are the factors in determining apportioning responsibility?
Factors
1. How unreasonable the conduct was under the circumstances
2. The extent to which the conduct failed to meet the appliable legal standard
3. The circumstances surrounding the conduct
4. Each person’s ability and disabilities, and
5. Each person’s awareness, intent, or indifference with respect to the risk
What are the exceptions to the no-duty rule?
(1) Statutory duty, (2) actor’s prior conduct caused the harm, (3) actor’s conduct created a continuing risk of harm, (4) special relationships.
How much money was Amber Heard ordered to pay Johnny Depp during their contentious 2022 defamation trial?
$8.35 million