Torts Law

HYPOS

100

A man was visiting his investment counselor on the 20th floor of an office building. After the meeting, he got on the elevator going down and pressed the button for the lobby. When the elevator got to the second floor it lost its momentum to stop and instead went into a freefall to the basement. The man sustained a broken back and is permanently disabled. Assume that the injured man was unable to uncover any evidence proving what caused the collapse of the elevator. He sues the building owner on a negligence theory. In order to survive a motion for summary judgment, what legal principle can he turn to for assistance?

Res ipsa loquitur (Res ipsa loquitur allows for negligence to be inferred, or for a rebuttable presumption of negligence, from the mere fact that an accident has happened. This is based on it being the kind of occurrence that does not normally happen unless there has been negligence, and in this case the instrumentality causing the injury was in the exclusive control of the defendant. The remaining requirement is that the event must not have been contributed to in any way by the plaintiff.)

200

A customer was shopping at a large retail mall. She slipped and broke her hip on a patch of clear oily residue. It had accumulated over a two-day period in front of a massage kiosk, and spread several feet onto the main walking area for customers. There was a small sign as a part of the massage kiosk display on the front counter that said, “Beware of slippery floors.” The customer had been looking ahead and walking when her feet slid wildly off of the floor and sent her body somersaulting into the air and down onto the concrete foundation. After learning that she would be disabled permanently, she sued the mall and the massage company. Will she likely prevail in her negligence claim against the mall?

Yes, because the mall owes a duty to its business invitees to inspect and discover dangerous artificial conditions on the premises; the mall must make these safe or post a conspicuous warning of the danger. (The highest duty is owed to the business invitee. In this case a customer shopping for goods was a business invitee, as opposed to a trespasser or mere licensee. The duty owed to a business invitee includes inspecting for dangers, and making them safe, or posting a noticeable warning of the danger. Here, the oil had spread out into the main walkway and, although the kiosk had a duty to clean it up, the mall also was responsible, particularly for its main walkways.)

300

A consumer purchases a lawn mower from a retail store. It contains a tag that says the purchaser should read the instruction book that is included. He reads the book, which contains a warning not to use the mower over gravel or stones or grassy areas mixed with rock or stone. The consumer remembers the warning but when he sees how smoothly the mower operates and how effortlessly it goes over a few small stones mixed in the grass, he decides to continue using the mower in areas filled with loose stones and rocks. One day a rock flies up and shatters the consumers face, causing him to lose an eye and suffer a broken nose and jawbone. He sues the manufacturer for putting out a defective product unreasonably dangerous to the consumer. What defense may give the manufacturer the best chance of having the case dismissed?

Assumption of the risk (Assumption of the risk is a defense to strict liability in tort. This refers to the voluntary encountering of a risk that is explained and warned, yet the consumer proceeds to go forward. Using the product despite knowing of the stated danger.)

400

A motorist is making a left turn at a traffic light. When the light turns yellow he waits a second and decides to try and rush through the left turn. He is hit broadside by a car traveling through the intersection with the right of way. The investigating police officer points out the sign above the light that informs motorists to make a “left turn on signal only,” meaning that there was a left turn arrow that he was supposed to wait for prior to negotiating the turn. The officer gives him a ticket for “improper left turn.” The motorist pays the ticket. The other driver was severely injured and sues the motorist for negligence. The injured driver asserts in the complaint that the violation of the traffic ordinance is proof of “negligence per se.” Will the court instruct the jury that there was negligence per se?

YES, because the ordinance that was violated was intended to avoid the precise harm that occurred.

500

The eleventh grade class of Santa Clarita High School went to Jefferson Avionics on a class field trip. During lunch the school administrator provided the students some time to eat at the cafeteria located on the premises. Margarita, the class clown, decided to pull another prank. As Helen was attempting to sit down with a tray of food, Margarita pulled Helen's chair from beneath her. Helen fell to the floor. Which tort is most applicable under these facts?

Battery (Battery is the most probable tort for which Helen may be able to assert in a suit for recovery against Margarita. Battery consists of the harmful and offensive touching of plaintiff's person. "Plaintiff's person" includes anything connected with plaintiff's body. The freedom from intentional and unpermitted contact extends not only to any part of the body but also to anything which is attached to the body or identified with the body. Thus, the pulling of Helen's chair, causing her to fall to the floor, constitutes a battery. Note that this fact pattern must be distinguished from the fact pattern which describes conduct which may be characterized as "extreme" and "outrageous." In these questions, the degree or severity of defendant's tortious conduct will determine whether plaintiff will most likely prevail under a theory of battery or under a theory of intentional infliction of emotional distress.)

ELEMENTS

100

Negligence

1 - Duty 2 - Breach of Duty 3 - Causation 4 - injury

200

Assault

1 - The act was intended to cause apprehension of harmful or offensive contact; and 2 - the act indeed caused apprehension in the victim that harmful or offensive contact would occur.

300

FALSE IMPRISONMENT

1 - Intentional restraint 2 - unlawful restraint of an individual against his will 3 - In a bounded space

400

TRESPASS TO LAND

1) Intentional act of entering or remaining on land 2) Possessed by another 3) Without lawful justification

500

INTETIONAL INFLICTION OF EMOTIONAL DISTRESS

1 - The conduct must be intentional or reckless 2 - The conduct must be extreme and outrageous 3 - There must be a causal connection between the wrongful conduct and the emotional distress 4 - The emotional distress must be severe

INTENTIONAL TORTS

100

Name the 7 intentional torts

1) Battery 2) Conversion 3) Assault 4) Intentional Infliction of Emotional Distress 5) False Imprisonment 6) Trespass to Land 7) Trespass to Chattel

200

Nicole is in the restroom during a class break. She is opening the bathroom stall door when another student blocks her from exiting the bathroom stall. The student is accusing Nicole of vandilizing her car and orders her friend to "get the Dean." Nicole denied she had committed the act. In fact, she and the other student do not know each other. However, the student refused to allow Nicole to exit the bathroom stall. The bathroom stall does not provide an alternative exit. Nicole suffered distress and the incident prevented her from completing the term. She lost her $5000 investment. Nicole files a lawsuit against the student for the intentional tort of: __.

False Imprisonment

300

Playing a practical joke on a mother by calling her at work telling her that her son has just committed suicide. Mother rushes home to find her son taking an afternoon nap. Mother is likely to prevail in lawsuit against the defendant for the intentional tort of:__.

intentional infliction of emotional distress

400

Ashley orders her dog to attack Marycarla. Marycarla runs throughout the parking lot trying to evade Ashley's dog. Ashley's dog catches up to her and bites her ankles. Marycarla suffers severe injuries. Marycarla files a lawsuit against Ashley for the intentional tort of:

battery

500

Nicole borrowed the film "A Few Good Men" from Nicolette. Nicolette is a long-time Jack Nicholson fan and a movie collector. She has asked for the movie repeatedly. It is has been over a month and Nicole has not returned the movie. Nicolette believes that Nicole has serious intermeddled with Nicolette's movie preventing Nicolette from viewing the film. In addition, Nicolette's movie collection has substantially depreciated in value since it lacks the film. She believes Nicole has kept the film for herself. Nicolette's best cause of action in an intentional tort theory is:

conversion

DEFENSES & DAMAGES

100

Wife calls the police and claims that the Husband sexually assaulted her. Husband was not arrested or charged with a crime due to the lack of evidence that a crime had been committed. Wife files a civil lawsuit against her husband for battery. There is no evidence that the Wife resisted or said no to her Husband's advances. Husband's best defense is:

Consent

200

Elsie is hiking with a group of friends. She falls behind and is lost in the woods. It starts to rain and thunder. The storm brings strong winds and tree branches are falling from the trees. She barely escapes a tree branch when she sees a cabin. She knocks on the door but there was no answer. The door was locked. The storm intensified and required her to seek shelter. Elsie shattered the door class and let herself in. The owners sue her for trepass. Elsie's best defense is:

Necessity

300

A jury may award additional damages to punish defendant for the defendant's intentional conduct. The purpose is to send a message to society that such conduct will not be tolerated.

Punitive damages

400

Plaintiff's suing on the principle of the matter and are not demanding a particular award of damages are likely to be awarded a dollar. This is called ____________ damages.

nominal damages

500

TRUE OR FALSE ? Assumption of Risk applies only when the risk is reasonable.

TRUE

MIX

100

Scott was the victim of this tort when Meagan intentionally screeched by him on the highway while he was changing out a spare tire with a tire iron.

assault

200

Two ways of establishing cause in fact.

BUT FOR & proximate cause

300

The famous case wherein Cardozo discusses trains, bombs, and duties.

Palsgraf v. LIRR

400

An individual has a right to use reasonable force against an attacker. This is known as ?

Self defense

500

Tim ran into the street and was hit by a bicycle rider. Neighbor Bob saw the accident while sitting on his porch. Tim sued Bob for negligence for not yelling and warning him of the approaching cyclist. Bob will use this defense.

No duty