Causes of action

Question 1

What is required for negligence

Answer 1

DUTY, BREACH, CAUSATION (actual, proximate), damages

Question 2

define proximate causation

Answer 2

all reasonably foreseeable types of harm resulting from his tortious conduct.

Question 3

Define Battery

Answer 3

an intentional infliction of a harmful or offensive bodily contact.

Question 4

define assault

Answer 4

the intentional causing of an apprehension of an imminent harmful or offensive contact.

Question 5

how can Intentional infliction of emotional distress be satisfied

Answer 5

1) By desire and purpose to cause emotional distress; or
2) with knowledge with substantial certainty that emotional distress will result; or 3) with reckless disregard of the high probability emotional distress will occur. Transferred intent cannot be used to satisfy the intent element.

Question 6

Define Trespass to land

Answer 6

the intentional physical invasion of the land of another.

Question 7

does intent matter for trespass to land

Answer 7

Intent just requires the desire and purpose to invade the land; mistake as to land ownership is not a defense

Question 8

what damages are available for trespass to land

Answer 8

compensatory or where there is
Permanent encroachment, diminution in the fair market value
replevin
injunction

Question 9

define Trespass to chattels

Answer 9

an intentional interference with a person’s use or possession of a chattel.

Question 10

define Conversion

Answer 10

Conversion is an intentional interference with the plaintiff’s possession or ownership of property that is so substantial that it warrants requiring the defendant to pay the property’s full value.

Question 11

what are the elements of a private nuisance

Answer 11

(1) substantial and (2) unreasonable interference (3) with a private individual’s use or enjoyment of their land

Question 12

what is required for a Private Nuisance claim

Answer 12

(1) substantial and (2) unreasonable interference (3) with a private individual’s use or enjoyment of their land

Question 13

what constitutes a Substantial interference for a Private Nuisance claim

Answer 13

Substantial interference = offensive, inconvenient, or annoying to the average person in the community

Question 14

what constitutes an Unreasonable interference for a Private Nuisance claim

Answer 14

(a) harm to P outweighs utility of D’s conduct; or
(b) harm to P is greater than P should be required to bear without consideration

Question 15

what is required for a Public nuisance claim

Answer 15

substantial and (2) unreasonable interference (3) with health, morals, welfare, safety, and property rights of the community.
(4) the damage must also be different in kind not just degree from what the public suffered

Question 16

what constitutes a Substantial interference for a Public Nuisance claim

Answer 16

Substantial interference = offensive, inconvenient, or annoying to the average person in the community

Question 17

what constitutes an Unreasonable interference for a Private Nuisance claim

Answer 17

(a) harm to P outweighs utility of D’s conduct; or
(b) harm to P is greater than P should be required to bear without consideration

Question 18

what do you consider when evaluating health, morals, welfare, safety, and property rights of the community for a public nuisance claim.

Answer 18

Factors = location, frequency, duration, degree of damage, and social value of activity

Question 19

what is a possible defense to public And private nuisance.

Answer 19

Compliance with zoning regulations.