before using deadly force for self defense, you must first do what
retreat, as long as you can in complete saftey
100
What are the elements to battery
Act
Intent
Harmful or offensive contact
100
name a defense to battery
consent
self defense
defense of others
defense of property
100
What is indivisible harm?
when two people cause damage or harm and you don't know who caused what injury or amount of damage?
200
What is the child rule (all elements)
what is age, knowledge, experience, intelligence
200
when is a person not held to a higher standard that of the reasonable person?
when they are an expert
200
What is transferred intent
T.I. exists when a person intends to commit a intentional tort (battery) against someone but instead hits someone else
OR
you unintentionally commit a different tort against that person
200
when may you breach a safety statute legally?
when compliance will be more dangerous
when the law is confusing
emergency
200
What is an example of implied consent
doctors office, idk
300
What is concert of action
all defendants are joint and severally liable, when all engaged in wrongful conduct
300
What is an exception to the (non) duty to act?
when a special relationship is present
300
Is foreseeability taken into account for damages?
No, classic example is vosburg
300
when are mental deficiencies taken into account for a defense?
THEY ARENT
mental deficiencies are held to the R.P. standard
300
What is the "but for test" aka
cause-in-fact
400
What is vicarious liability?
respondent superior- let the master answer... employer answers for the employee's wrong
400
What is a wrongful-death action
decedents next of kin bringing suit to recover losses suffered as a result of their death. Such as income, loss of companionship, NOT PAIN AND SUFFERING
400
What is the thin skull rule
take your plaintiff as you find them
400
In contributory-negligence jurisdictions, the plaintiff may mitigate their contributory negligence if they prove the defendant had WHAT
last clear chance
400
What is a licensee
someone who enters the land of another with express or implied permission, or someone with a privilege
500
what is the fireman's rule
the absence of recovery for public servants such as policeman and fireman when acting to rescue others.
500
What is a plaintiff called, who due to his own contributory negligence, is in peril from which he could escape if he were paying attention
inattentive plaintiff
500
What is the alternative;
Intent- a defendant must act with either the purpose of bringing about the consequence of that act OR...
with SUBSTANTIAL CERTAINTY the harm will occur
500
When a plaintiff reasonably knows of the possibility of harm and continues with their actions, what is the defendants best argument?
The assumption of risk doctrine
500
a person whom is privileged to enter land to prevent serious harm to themselves, their land, chattels or a third person, and are subject to liability for the damages describes what...