Extra Stuff from Diagnostic Flashcards
A duty of care is generally not owed to a rescuer, unless what is true of the D?
D put herself or a third person in peril
Under the attractive nuisance doctrine, a plaintiff need/need not show that the child was lured onto the property by the attractive nuisance.
Need not
X tries to assault A, but his conduct only constituted a battery of B. Under the doctrine of transferred intent, is X liable to A for attempted assault?
No
Does the shopkeeper’s privilege require the shopkeeper to call the police in a reasonable amount of time?
no
Does a prima facie case of IIED require the plaintiff to show intent to cause the plaintiff to suffer IIED?
Yes
Does a prima facie case of IIED require the plaintiff to show intent physical symptoms caused by the emotional distress?
No
To assert a defense of property, is it necessary for defendant to have requested the plaintiff to desist before using force?
No
If a plaintiff establishes res ipsa loquitur, it will/won’t result in a directed verdict for the defendant.
Won’t
There often is more than one cause for an injury. The “but for” test for actual cause applies to which category of causes?
Concurrent
Dependent intervening forces are . . .
normal responses or reactions to the situation created by the defendant’s negligent act.
Dependent intervening forces are almost always/never foreseeable
Always
As a general rule, intervening forces that produce unforeseeable results (i.e., results that were not within the increased risk created by defendant’s negligence) will be deemed to be ________ and __________.
Unforeseeable and superseding
In a negligence action, the plaintiff cannot recover what type of damages?
Presumed
Unlike with products liability cases based on negligence, those based on strict liability do/do not require that suppliers have an opportunity to inspect.
Do not
In a products liability case based on strict liability, a plaintiff may recover both personal injury damages and ______ damages for the supplying of a defective product.
Property
Slander not falling into one of the four per se categories requires pleading and proof of what?
Special damages
A defendant engaging in an abnormally dangerous activity may be liable only to whom?
foreseeable plaintiffs injured as a result of the dangerous propensity of the activity.
A principal will be vicariously liable for the tortious acts of her independent contractor if the independent contractor is doing what?
engaged in inherently dangerous activities.
The interference with the plaintiff’s use of the land will be considered unreasonable under nuisance law when the severity of the plaintiff’s inflicted injury . . .
outweighs the utility of the defendant’s conduct.
A medical specialist such as the dermatologist owes what duty?
The duty to possess and exercise the degree of knowledge and skill that dermatologists across the nation exercise.
Actual malice is defined as . . .
knowledge that the statement was false or reckless disregard as to truth or falsity.
