What is
a. False imprisonment
b. Battery
c. Assault
d. Conversion
e. Trespass to chattels
f. Trespass to Land
g. IIED
100
Name the defenses and privileges
Necessity (Public and Private), Consent, Defense of Others, Defense of Property, Self Defense, Justification, Recovery of Property, Authority of Law
*Discipline = BONUS!!
100
What is the English translation of “Res Ipsa Loquitor”?
“The thing speaks for itself”
100
True or False? “But-for” causation is required in EVERY action for negligence.
True
100
What is the “Egg Shell Skull” rule?
You take the plaintiff as you find him and you are responsibility for any harm caused by your negligence
200
Define Intent
Knowledge or substantial certainty that harm will occur
200
What is the difference in compensation between public and private necessity?
Private necessity - you have a privilege but still have to compensate for damaged property
Public necessity - you have a privilege and do not have to pay damages
200
What are the elements of Res Ipsa?
(1) the accident is of a type that normally would not occur unless someone was negligent; and (2) defendant exercised exclusive control over whatever caused the injury
200
What is an intervening superseding cause?
An event that cuts off the chain of proximate cause Extraordinary, Unforeseeable, Independent
200
Is suicide by the plaintiff an intervening superseding cause that cuts off the liability of the defendant?
Yes, unless the defendant’s negligence caused physical injury to plaintiff’s brain and causes irresistible urge for plaintiff to kill himself then defendant can be held liable for the suicide
300
What is the difference between trespass to chattels and conversion?
Conversion is more serious and involves extreme harm to a chattel or complete deprivation of use. The measure of damages is the property value that was converted. Trespass to chattels is temporary deprivation of use and the damages are measured as the diminution in value.
300
What effects do insanity and mistake have on intent?
None. Neither negate intent
300
We hold professionals to the standard of a/an ________ member of the profession.
Ordinary (NOT average)
300
Explain Market Share
An entire industry is negligent and one of the defendants caused harm to plaintiff but plaintiff cannot prove which defendant caused the harm. Each manufacturer’s liability for an injury would be approximately equivalent to the damages caused by the product manufacture.
300
What is the term for when two negligent defendants are liable for the entire amount of damages?
Joint and several liability
400
Bob was playing around with his very realistic looking toy gun. When John comes up behind him. Bob is startled and aims his toy gun at John who faints thinking the gun is real. Bob doesn’t know what to do, so he sticks John in a nearby shed belonging to Mary and locks the door. Mary is gardening outside and finds John passed out in the shed. She pulls him out in order to get her tools, and John wakes up an hour later. Spot the (potential) intentional torts.
Assault, False Imprisonment, Battery, Trespass to Land
400
Give an example of a Hypo where justification would apply
Justification: The action was reasonable in the circumstances.
400
What is one situation where you can have multiple defendants under Res Ipsa?
In a medical malpractice situation where the patient is unconscious. (Ybarra v. Spangard) when Plaintiff awoke from surgery w/injuries
400
What are the elements or considerations in determining proximate cause?
Spatial / temporal proximity + foreseeability = proximate cause
400
Name the current Justices on the US Supreme Court
Thomas, Alito, Sotomayor, Kagan, Ginsburg, Breyer, Kennedy, Roberts
500
What torts does transferred intent apply to?
Battery, Assault, False Imprisonment, Trespass to Land, and Trespass to Chattels
500
Explain difference between recovery of property and defense of property
Defense of Property: Reasonable physical force to protect property. (Homestead)
Recovery of Property: Reasonable physical force to extent necessary to recover property while in fresh pursuit
500
What is the exception to Negligence Per Se?
It is more dangerous to comply with the statute than to violate the statute or the statute has an exception within itself.
500
A blasting company negligently uses too much dynamite at a construction site causing a house 2 miles away to vibrate. The vibrations cause a glass of water to fall off the TV stand onto a surge protector. The surge protector ignites and burns the house to the ground. Is the blasting company’s negligence the proximate cause of the house burning to the ground?
Argument must be based on spatial / temporal proximity and foreseeability
500
True or False: An owner can recover damages for sentimental value for converted chattel