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Tort Law > Cases > Flashcards

Cases Flashcards

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1
Q

Battery - Intent to Contact

A

Kid put firecracker in other kid’s shoe but didn’t intend or foresee the harm

Mentally insane person killed father-in-law for irrational suspicion

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2
Q

Battery - Offensive Contact

A

Radio host blew cigar smoke into face of guest against indoor public smoking

Co-worker buckled another co-worker’s knee from behind, but bad injury resulted

Dementia patient attacked and punched nurse

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3
Q

Battery - Harmful Contact

A

Defendant intended to pistol whip plaintiff but instead shot him in the stomach

Correctional officer struck inmate with a branch but caused no harm

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4
Q

Assault

A

Man invited young girl to his trailer, but instead her whole family showed up, dad with a gun

Billboard brothers threatened future violence of activist over the telephone

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5
Q

Transfer of Intent Among People and Between Torts

A

Teen defending house, shot toward a car of teens, ricocheted and struck neighbor

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6
Q

Consent as a Defense to Assault and Battery

A

Boy Scout participated in a paper clip game and got hit in the eye before withdraw

Estranged husband had sex with wife, but didn’t reveal that he had an STD

Boy severely harmed in a fist fight that he voluntarily participated in and could leave

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7
Q

Justifying Use of Deadly Force

A

Teen shot aggressive teen after aggressive teen repeatedly failed to back down

Father-in-law shot his son-in-law in the back as he was exiting house

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8
Q

Proportionality Principle

A

Dairy farmer, concerned about timeclock vandalism, broom-whips teen

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9
Q

Intentional Infliction of Emotional Distress - Outrageousness

A

Dealership employees tricked car buyer to return car and mocked her

Wife cheated on husband with husband’s friend, but husband didn’t know

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10
Q

Intentional Infliction of Emotional Distress - Severe Emotional Distress

A

Mom is distressed that her son’s cemetery is not maintained, but is she?

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11
Q

Intentional Infliction of Emotional Distress - Recklessness as Intent

A

Swimming pool operator videotaped woman undressing in locker room

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12
Q

Intentional Infliction of Emotional Distress - Transferred Intent of Distress

A

Newspaper reporter took pictures of woman’s dead son and quoted her

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13
Q

Trespass

A

Defendants trespassed while building a casino, despite best efforts to avoid it

Plaintiff and now deceased husband found trespassing neighbors digging a trench

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14
Q

Public and Private Necessity for Trespass

A

Steamship owner docked to company’s dock to avoid storm, caused dock damage

To avoid flood damages, state employees diverted water and flooded farmland

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15
Q

Reasonable Person Standards

A

Hayrick builder did a bad job and burned down neighbor’s farm

Cargo company employee accidentally set off crate of nitroglycerine

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16
Q

Hand Formula

A

Woman’s hotel room sliding door was unknowingly unlocked, nearly raped

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17
Q

Range of the Reasonable Person Standard

A

Plaintiff offered help working on a car at a mechanic’s shop and ended up getting blown up

Driver avoided a collision by swerving into oncoming traffic and causing collision

Experienced cement truck driver passes pickup on icy interstate and causes collision

18
Q

Reasonable Minors

A

Teenager driving snowmobile wrecked and injured another teen

Kid went to neighbors, lit gasoline containers on fire, so parents sued neighbors

19
Q

Reasonable Person - Physical and Mental Disabilities

A

Legally blind man with no dog or stick walking up a ramp relies on bushes as a railing

CNA kicked by Alzheimer’s nursing home resident while CNA was on the job

20
Q

Professional Standard

A

Blood bank program didn’t test blood for HIV, and neither did any other blood bank

Rural delivery doctor injured infant

Nurses dropped hospitalized man twice during his stay

21
Q

Owners and Occupiers of Land - Trespassers

A

Man was trespassing on defendant’s land to steel copper, got electrocuted

Boy caught eel, tried to cook on power company substation, burned

22
Q

Owners and Occupiers of Land - Licensees/Invitees

A

Daughter’s boyfriend spent lots of time there, offered to cut down tree, got hurt

Business acquaintance trips on stick on porch picking up defendant for car ride

23
Q

Negligence per se

A

Defendant hit plaintiff’s buggy without lights in middle of the night rounding curve

Pickup driver died after colliding with stalled gang truck with no warning devices

Two minors trespassed into pole storage, one dropped a cigarette and started fire

Builder installed decks against code, new owner who didn’t know, tenant injured

24
Q

Industry Custom

A

Two tugboats not equipped with radios to receive weather forecasts, barges sank

High school baseball player injured in unprotected portion of visitor’s dugout

Customer injured in slip and fall and alleged violation of store’s procedures manual

25
Q

Res Ipsa Loquitur

A

Flour barrel fell on plaintiff, but he doesn’t know how it happened

Company’s loading dock malfunctioned and caused injury to plaintiff truck driver

Busted elevator caused uneven floor and patron injury

26
Q

But-for Test (actual causation, cause-in-fact)

A

Intoxicated man fell over bridge railing late at night while walking home from bar

Woman pulled out in front of semi and was broadsided, semi was speeding

27
Q

Concerted Action

A

Passenger asked for ride home from friend, didn’t know how drunk he was, accident/death

28
Q

Vicarious Liability - Respondeat Superior and Vehicle Owners

A

Man driving own truck for employer hauling hay lost trailer, caused injury

Pedestrian blinded in eye by egg thrown from vehicle driven by nonowner

29
Q

Alternative Liability

A

Two hunters negligently fired their guns in the direction of a third, injuring his eye

Man was injured by a vehicle driven into her as a proximate cause of one of two persons

30
Q

Market Share Liability

A

Plaintiffs’ mothers took drugs during pregnancy that now have impact

Woman’s husband died from asbestos exposure in airplane repair work

31
Q

Lost Chance of Recovery or Increased Risk of Eventual Harm

A

Man’s doctor misdiagnosed cancer for three years until it was too late to effectively treat

Doctor was negligent and caused plaintiff to have an 8-16% increased risk of future obstruction

32
Q

Duty Factors - Foreseeability

A

Woman injured by large scale falling over caused by an exploding package across the platform

Child conceived premature with complications years after mother was in car accident

33
Q

Duty Factors - Special Relationships

A

Plaintiff was harmed by a falling tree while participating in an outdoor basketball tournament

Man drank too much at a party and wrecked his car into a motorcycle, injuring motorcyclist

Husband and wife were injured in a motorcycle accident, struck by texting defendant

34
Q

Duty to Rescue or Protect

A

Man had “jackpot” heart attack at casino, nurse didn’t bring intubation tube

Man and state trooper help wrecked Suzuki, trooper leaves, man hit, blames Suzuki

Man left keys in fuel truck, drunk man stole it and cop was injured in the pursuit

35
Q

Protecting Third Parties

A

Psychologist tries to warn patient’s ex-girlfriend not to visit him, because he’ll kill her

Physician’s patient likely had Rocky Mountain Spotted Fever, but he didn’t warn patient’s wife

36
Q

Foreseeability

A

Student killed when a student jump-started pickup, lost control, pinned her against wall, wall fell

Eggshell plaintiff was a struck pedestrian who already had quite a bit of medical conditions

Ship owner’s ship caused chain reaction down river, drawbridge not raised in time, damaged

37
Q

Proximate Cause - Scope of Liability

A

Oil change collection tank built by father-in-law exploded, injuring an oil change employee

Disassembled trampoline left on ground blows onto road in storm and causes pastor car crash

38
Q

Intervening and Superseding Forces

A

Man was wearing large George Bush head in Las Vegas, got shoved and injured

Former cop left keys in car, thief stole car, led police on chase, caused car crash

Roofers used smaller nails to secure the platform they were working on, it collapsed

39
Q

Intervening Force vs. Superseding Force

A

Plaintiff slipped and fell, 18 months later got back surgery, and surgeon caused infection

Bad knee surgeries from multiple doctors result in infection and eventual amputation

40
Q

Assumption of Risk (Primary and Express)

A

Ski employee jumped crest and hit another skier below the crest, causing injury

Parents objected to form that released school of duty to their children

41
Q

Strict Liability - Domestic and Wild Animals

A

Babysitter was “injured” by pet cat in basement

Semi hit donkey in highway and damaged semi

42
Q

Strict Liability - Selected Dangerous Activities

A

Defendant’s dam burst, causing flood of plaintiff’s coal mines

Plaintiff injured when a firework fired horizontally into them from defendant’s show

Tort Law (2 decks)

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