Elements and Definitions

Question 1

Conversion

Answer 1

“intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel” (Restatement (2nd) of Torts)

Question 2

Prima Facie Case

Answer 2

Case in which the technical elements of the tort are met, burden is on the plaintiff to prove this

Question 3

Affirmative Defense

Answer 3

Defendant concedes that the elements of the tort are met but nonetheless argue that they should not be held liable, burden is on the defendant to prove this

Question 4

Battery

Answer 4

Intentionally harmful or offensive physical contact with another person.
Elements of battery:
1. Intend to contact the plaintiff and
2. That contact must be objectively harmful OR offensive
3. Harmful contact results

Question 5

Assault

Answer 5

Apprehension of imminent harmful or offensive contact.
Elements:
1. Defendant must intend to cause apprehension
2. It must be plausible that the contact will occur.

Question 6

False Imprisonment

Answer 6

Direct known restraint of the physical liberty of a person, absent adequate justification
Elements:
1. Defendant intended to confine the plaintiff
2. Plaintiff was conscious of the confinement
3. Plaintiff did not consent to the confinement
4. Defendant had no authority to confine the plaintiff.

Question 7

Trespass to Land

Answer 7

Purposive, unauthorized entry onto the property of another by physical means

Question 8

Intentional Infliction of Emotional Distress

Answer 8

Outrageous behavior that is intentional or reckless that is intended to cause severe emotional distress
Elements of IIED:
1. Defendant’s conduct was intentional or reckless
2. Defendant’s conduct was extreme or outrageous
3. Defendant caused the plaintiff emotional distress
4. Emotional distress was severe

Question 9

Trespass to Chattels

Answer 9

Intentionally using or intermeddling with the chattel in possession of another.
A trespass to chattels occurs if the defendant’s contact with the chattel:
1. Impairs its condition, quality or value
2. Deprives the possessor of use of the chattel for a substantial time
3. Causes bodily harm to the possessor or something legally relevant to the possessor

Question 10

Negligence

Answer 10

A defendant acts negligently if they not exercise reasonable care under all circumstances.
Elements of negligence:
1. The defendant has a duty to use reasonable care to protect other from unreasonable risks of harm
2. There has been a breach of this duty
3. There is a reasonable causal connection between the conduct and the injury
4. There has been actual loss or damage.

Question 11

Standard of Care

Answer 11

A defendant fails to take precautions that a reasonable and prudent person would under the same circumstances.

Question 12

Negligence Per Se

Answer 12

If a defendant violates a statute they have automatically breached their duty of care.
Elements of negligence per se:
1. The plaintiff must be in the class of people the statute was meant to protect
2. The injury must flow from the same hazard the statute guards against
3. The statute is appropriate for a tort standard.

Question 13

Rule of Law

Answer 13

Fact patterns that suggest negligence so strongly that some courts do not even refer them to a jury

Question 14

Proximate Causation

Answer 14

• Black’s Law: “any cause which in the natural and continuous sequence, unbroken by an efficient intervening causes, produces the result complained of and without which the result would not have occurred”
• Restatement 3rd: “an actor’s liability is limited to those harms that result from the risks that made the actor’s conduct tortious”
• Essentially draws a line around negligence liability

Question 15

Intervening Cause

Answer 15

• Condition or action which foreseeably arose from the defendant’s negligence, does not break chain of proximate causation
• E.g. ‘acts of God’, third party actions or action by an animal

Question 16

Superseding Cause

Answer 16

Condition or action which did not foreseeably arise from the defendant’s negligence, breaks chain of proximate cause

Question 17

Causation in Fact

Answer 17

Elements:
1. Negligent conduct occurred before the injury
2. The injury would not have occurred without the negligent conduct

Question 18

Sine qua non

Answer 18

Injury would have occurred regardless of another’s actions

Question 19

Res Ipsa Loquitur

Answer 19

• “The thing speaks for itself”
• Restatement (2nd): “Past experience which reasonably permits the conclusion that such events do not ordinarily occur unless someone has been negligent”

Question 20

Contributory Negligence

Answer 20

A plaintiff acting negligently is sufficient to completely bar them from recovery.
Elements:
1. Plaintiff’s conduct does not meet the standard of care expected of a reasonable person.
2. Plaintiff’s negligence is in any way an actual and proximate cause of the injury.

Question 21

Comparative Negligence

Answer 21

If both the plaintiff and the defendant acted negligently, the damages awarded to the plaintiff will be reduced by their portion of the negligence.
Types:
1. Pure comparative negligence: each party bears the damages in proportion to the impact of their negligence on the injury.
2. Modified comparative negligence: if a plaintiff’s negligence is greater than or equal to the defendant’s negligence then recovery is barred.

Question 22

Assumption of Risk

Answer 22

If a plaintiff takes on risk before they perform an activity, they are unable to recovery from injuries resulting from that activity.
Elements:
1. Plaintiff had actual knowledge of the risk
2. Plaintiff appreciated its magnitude
3. Plaintiff voluntarily encountered it
Types:
* Implied assumption of risk: context suggests that a reasonable person would assume risk
* Express assumption of risk: plaintiff explicitly agrees to assume risk (e.g. through a contract)

Question 23

Damages

Answer 23

Types:
* Compensatory/actual damages
* Nominal damages (small sum to show you were right)
* Punitive/exemplary damages (punish the defendant to deter others from acting in a similar manner

Question 24

Mary Carter Agreement

Answer 24

• Plaintiff settles with some defendants but takes all defendants to court.
• Guarantees that the plaintiff will receive some payment but leaves the possibility that the defendants can reduce the amount they pay if there is an excess in damages awarded at trial.

Question 25

Joint Enterprise

Answer 25

Elements:
1. Agreement between members of the group
2. Common purpose carried out by the group
3. Group has a monetary interest
4. Each member has equal power in decision-making

Question 26

Ultrahazardous Activities

Answer 26

Activities which are ‘unduly dangerous and inappropriate to the place where it is maintained’.
Factors:
1. Degree of severity of possible harm
2. Likelihood of harm
3. Ability to mitigate risk through reasonable care
4. Whether the activity is common usage
5. Inappropriateness of the activity to the location
6. Balance of value to the community and dangerous attributes

Question 27

Respondeat Superior

Answer 27

Employers may be held liable for the torts of their employees.
Elements:
1. There is an employer-employee relationship between the parties and the tort was committed by an employee.
2. The tort was committed while the employee was acting within the scope of their employment.

Question 28

Contribution

Answer 28

A defendant can sue another tortfeasor for compensation for all or part of the damages. Occurs between tortfeasors responsible for the same injury, arising from the same set of facts.

Question 29

Indemnification

Answer 29

An innocent defendant who must pay the plaintiff damages seeks compensation from the actual tortfeasor.

Question 30

Satisfaction

Answer 30

Acceptance of full compensation for an injury

Question 31

Release

Answer 31

Plaintiff drops the cause of action against a defendant

Question 32

Covenant not to sue

Answer 32

Plaintiff agrees not to sue but maintains the cause of action

Question 33

Joint and Several Liability

Answer 33

If there are several tortfeasors, these parties can be sued jointly and the plaintiff can collect the full amount in damages split between the defendants or from any one defendant.