Bare Bones

Question 1

3 themes of torts

Answer 1

1. Accident avoidance
2. Loss Spreading
3. Fairness

Question 2

3 levels of intent

Answer 2

1. Intend the harm
2. Intend the action because it is harmful
3. Substantial certainty that the harm would occur as a byproduct of the action

Question 3

Hand Formula

Answer 3

Burden < Probability * Loss

Question 4

Negligence is? (2 tests)

Answer 4

1. Untaken precaution test
2. Average Reasonable Person test (ARP is used for actions taken)

Question 5

Elements of battery

Answer 5

1. Intent
2. Harmful or offensive contact
3. Lack of Consent

Question 6

Battery protects?

Answer 6

Physical integrity and personal dignity

Question 7

Tort remedies?

Answer 7

Loss of wages, expenses incurred, pain and suffering, loss of future wages.

If wanton, willful or reckless conduct then punitive can apply

Question 8

Self defense

Answer 8

There is a ton of information and I am not sure what exactly we need to know

Question 9

Right of recapture is trigged by?

Answer 9

Initial possession by the owner and purely wrongful taking or conversion

Question 10

Elements of assault

Answer 10

1. An action that is intended to cause harmful or offensive conduct or the apprehension of harmful or offensive conduct.
2. Apprehension of harmful or offensive conduct by the victim/plaintiff.

Assault protects people from fear (I don’t think this is phrased correctly)

Question 11

Elements of IIED

Answer 11

1. Intent or reckless
2. Severe emotional distress
3. Outrageous conduct

IIED protects mental/emotional wellbeing (I am not sure if that is the way that Feldman usually puts it)

Question 12

Elements of tresspass

Answer 12

1. Act
2. Entry
3. Intent
4. Wrong (unauthorized)

Question 13

Primary citicism

Answer 13

The conduct is unreasonable

Question 14

Secondary criticism

Answer 14

Payment is necessary to compensate for harm done. Strict liability - not based on fault, based on harm

Question 15

Justification (defenses) for torts

Answer 15

1. Fairness or reciprocity
2. Utility or efficiency - conduct is not wrong because it does not waste resources in comparison to the level of accidents imposed. (B < PL)

Question 16

Strict liability

Answer 16

1. Danger factors (inability to eliminate risk, high likelihood of risk, potential for great harm
2. Abnormality - extent the activity is uncommon, if the location is inappropriate, value to the community

Question 17

Negligence - Duty

Answer 17

Everyone owes a duty of reasonable care to everyone

Question 18

Exceptions to duty

Answer 18

1. Harm was not reasonably foreseeable.
2. High B or low P
3. Policy (Feldman said this in office hours but I don’t see it on the topic summary)

Question 19

Elements of the Average Reasonable Person test

Answer 19

1. Calculate the seriousness of risks and efficacy of precautions.
2. Evaluate the interests of the people involved.
3. Capacity - the actor must have capacity of ARP - skll, reflexes, coordination, judgement, etc.

Question 20

Degrees of culpability

Answer 20

1. Ordinary negligence
2. Gross negligence
3. Recklessness - ignoring known risk
4. wantonness - knowledge of probable injury

Recklessness and wantonness - punitive damages

Question 21

Negligence Per Se

Answer 21

Only used to determine breach

1. A statute exists that is a safety statute.
2. The statute is specifically intended to prevent the type of accident in question.
3. The statute is intended to protect the class of person that includes the plaintiff.

Question 22

Negligence Res Ipsa

Answer 22

Only used to determine breach

1. The type of accident in question does not happen but for negligence.
2. The defendant was in complete control of the circumstances.
3. The defendant did not contribute to the accident.

Question 23

Contributory Negligence

Answer 23

Any contribution by the plaintiff towards the accident voids the possibility for recovery of damages.

Question 24

Comparative Fault

Answer 24

Plaintiff can recover damages based on the % that the defendant is at fault