final pt. 2

Question 1

Do intentional torts need to cause harm to award damages?

Answer 1

No, nominal damages (low $) can be awarded to discourage intentional behavior.

Question 2

What are punitive damages?

Answer 2

Extra damages for malicious behavior, rare but possible in intentional torts.

Question 3

What is transferred intent?

Answer 3

Intent for Battery, Assault, or False Imprisonment can transfer among the three.

Question 4

Can emotional damages be added to intentional torts?

Answer 4

Yes, emotional damages can be added to Battery, Assault, and False Imprisonment.

Question 5

What is Battery?

Answer 5

Intent (purpose/knowledge) to cause harmful or offensive contact.

Question 6

Does joking negate Battery?

Answer 6

No, offensive acts as jokes or misleading actions still qualify as Battery.

Question 7

What is required to prove Battery’s state of mind?

Answer 7

The defendant was aware their conduct would be harmful or offensive.

Question 8

What is dual intent in Battery?

Answer 8

Intent to cause contact and intent for that contact to be harmful or offensive.

Question 9

Is mental disability a defense to Battery?

Answer 9

No, unless one was so incapacitated they didn’t know they made contact.

Question 10

Can children be liable for Battery?

Answer 10

Yes, if they can form the required state of mind. Age does not matter.

Question 11

Are parents liable for a child’s Battery?

Answer 11

No, unless the child acted willfully, wantonly, or the parent acted negligently.

Question 12

What qualifies as “contact” in Battery?

Answer 12

Contact can be indirect or through something connected to the plaintiff.

Question 13

What is “failure to prevent” in Battery?

Answer 13

Purposefully causing harm by failing to prevent harm (e.g., switching pills).

Question 14

What is transferred intent’s limit?

Answer 14

It can only transfer from person to person.

Question 15

Does Battery require successful contact?

Answer 15

No, liability exists if harmful or offensive contact results indirectly.

Question 16

What is the “personal standard” for Battery?

Answer 16

If aware of special sensitivities, acting anyway makes one liable.

Question 17

Are physical injuries required for Battery damages?

Answer 17

No, trivial harm still entitles the plaintiff to damages.

Question 18

What is Assault?

Answer 18

ntent to cause apprehension of imminent harmful or offensive contact.

Question 19

Are words alone enough for Assault?

Answer 19

No, words alone are usually insufficient.

Question 20

What damages are awarded for Assault?

Answer 20

Mental trauma and distress from the threat of imminent harm.

Question 21

When does “negating” prevent Assault?

Answer 21

If threatening acts are negated by words, there’s no Assault.

Question 22

What are the 3 elements of apprehension in Assault?

Answer 22

Must be imminent, the plaintiff must be aware, and there must be actual ability to follow through.

Question 23

Does offering a choice of tort negate Assault liability?

Answer 23

No, e.g., “Give me money, or I’ll hit you” is still Assault.

Question 24

What is False Imprisonment?

Answer 24

Confinement of another by force or threat of force in a fixed space. Awareness or harm, no reasonable escape, and confinement (even briefly).

Question 25

What qualifies as a threat of force in False Imprisonment?

Answer 25

Physical force, size difference, withholding valuables, or false authority.

Question 26

What is IIED (Intentional Infliction of Emotional Distress)?

Answer 26

Intentional/reckless outrageous conduct causing severe emotional distress. Acts intolerable in a civilized society, often repetitive or abusing authority.

Question 27

Can IIED claims apply to third parties?

Answer 27

Only if the third party is immediate family or present at the time.

Question 28

Privileges (Defenses to Intentional Torts)
Definition: Three defenses to intentional torts:

Answer 28

Justifying conduct as a response to plaintiff’s misconduct
Self-defense
Public & private necessity (based on public policy)

Question 29

Self-Defense

Answer 29

You can commit battery in self-defense if a reasonable person believes it is necessary. The burden of proof is on the defendant.

Question 30

Apparent Necessity (Self-Defense)

Answer 30

A belief that self-defense is necessary must be reasonable, even if mistaken.

Question 31

No Need to Retreat (Self-Defense)

Answer 31

One can immediately defend themselves without a duty to retreat.

Question 32

Deadly Force (Self-Defense)

Answer 32

Deadly force is only allowed when necessary to prevent death or serious bodily harm.

Question 33

Trespass to Land

Answer 33

Intentionally entering land possessed by another, or causing a third party/object to enter the land.

Trespass includes intrusions above or below the landowner’s property.

Intent only requires the act of entering land; knowledge of trespassing is not required.

If entry onto property is accidental, there’s an obligation to leave as soon as possible.

Trespassers are liable for all damages, including nominal damages and punitive damages for deliberate or malicious acts.

Question 34

Limited Invitation

Answer 34

Exceeding the permission granted to enter land can result in liability for trespass or nuisance.

Question 35

Trespass to Chattel

Answer 35

Intentional interference with someone’s personal property without taking possession.

Question 36

Mistakes in Conversion

Answer 36

Mistakes about ownership do not excuse intentional interference with property.

Question 37

Defense to Conversion (False Imprisonment)

Answer 37

False imprisonment can be used to combat conversion if there’s apparent necessity and reasonable force.

Question 38

Consent

Answer 38

Voluntary agreement to conduct that would otherwise be a tort. Must be communicated, voluntary, informed, and involve capacity.

Question 39

Presumed Consent

Answer 39

Implied in emergencies (e.g., saving someone’s life) unless the person explicitly refuses.

Question 40

Medical Consent

Answer 40

Malpractice occurs when medical procedures go beyond the scope of consent.

Question 41

Substituted Consent

Answer 41

A loved one provides consent for medical procedures when the patient cannot.

Question 42

Common Law Negligence – Identify Conduct

Answer 42

The conduct of both parties is evaluated, including contributory negligence where the plaintiff’s own conduct was unreasonable.

Question 43

Exception – Defendant’s Duty Involves Protecting Against Known Risks

Answer 43

A plaintiff cannot be contributorily negligent if the defendant had a duty to create safeguards against foreseeable mistakes or risks (e.g., machinery safety features).

Question 44

Exception – Rescuers

Answer 44

A rescuer cannot be contributorily negligent if they put themselves at risk to save someone in danger.

Question 45

Exception – Children

Answer 45

Children cannot be contributorily negligent unless they were engaged in an adult activity.

Question 46

Pure Comparative Negligence

Answer 46

A plaintiff’s recovery is reduced by their percentage of fault.

Example: If 45% at fault in a $100k case → Plaintiff recovers 55k.

Question 47

Pure Comparative Negligence – Cross-Claims Example

Answer 47

Plaintiff sues for $100k (75% at fault) → Recovers 25k.
Defendant counterclaims for $10k (25% at fault) → Defendant gets 7.5k.
Plaintiff’s final recovery = 17.5k.

Question 48

Modified Comparative Negligence

Answer 48

Plaintiff can recover only if their percentage of fault is less than the defendant’s.

Question 49

Joint and Several Liability

Answer 49

Each defendant can be held liable for the entire amount of damages, not just their share.

Key Point: Defendants can seek contribution from others if they pay more than their fair share.

Question 50

Several Liability (Proportionate Liability)

Answer 50

Each defendant is only liable for their specific share of damages based on fault.

Example: If found 30%, 50%, and 20% at fault, each pays only that portion.

Question 51

Notice – Actual and Constructive

Answer 51

Actual Notice: Defendant knew of the danger.
Constructive Notice: Danger existed long enough that the defendant should have known.

Question 52

Rescue Doctrine

Answer 52

he defendant is liable for any injuries sustained by a rescuer responding to their negligence.

Key: Does not apply to professional rescuers.

A rescuer enters the “zone of risk” created by the defendant, even if they were far away initially.

Question 53

Thin Skull Rule

Answer 53

The defendant is liable for the plaintiff’s unforeseeable personal reaction once negligence is established.

Question 54

Open and Closed Risks

Answer 54

If a defendant creates a risk, they are liable until the risk is resolved.

Examples:

Open Risk: Car accident obstruction → Liability lasts until cleared.
Long-term Risk: Building not following fire codes → Risk remains until corrected.

Question 55

Intervening Cause

Answer 55

When a second act (foreseeable or not) follows the first negligence. The second person is an intervening cause, but liability still remains with the first negligent actor.

Question 56

Supervening (Superseding) Cause

Answer 56

An unforeseeable intervening cause that relieves the first actor of liability.

Key:

Creates a new risk/result.
Criminal acts are not automatically superseding; foreseeability is key.
Plaintiff’s negligent acts are superseding only if unforeseeable.

Question 57

Assumption of the Risk

Answer 57

Express & Implied)he plaintiff voluntarily and knowingly accepts a risk.

Types:

Express: Written/oral agreement (e.g., waiver).
Implied: Through conduct (e.g., attending a baseball game).

Question 58

Limits to Assumption of Risk

Answer 58

Assumption of risk does not apply if:

Defendant’s conduct was grossly negligent or intentional.
The risk was unreasonable or unexpected.
Risk was not voluntarily assumed.

Question 59

Primary vs. Secondary Assumption of Risk

Answer 59

Definition:

Primary: Risk is inherent in the activity → No liability.
Secondary: Defendant’s negligence enhanced the injury → Defendant is liable.

Question 60

Rescue Doctrine
Definition:

Answer 60

escuer injured = Defendant (who created the need) is liable.
Limits: No liability for professional rescuers acting within their profession.
Key Rule: No general duty to rescue unless a special relationship exists or you created the risk.

Question 61

Medical Duty

Answer 61

Doctors must follow the standard of care practiced by reasonable physicians in similar circumstances and localities.

Question 62

Informed Consent

Answer 62

Patients must be informed of all material risks that a reasonable patient would want to know.

Question 63

Strict Liability – WAM’N

Answer 63

Liability without fault.

Applies to:

Wild animals
Abnormally dangerous activities
Manufacturing defects
Nuisance

Question 64

Nuisance

Answer 64

Definition: Interference with property use (no physical invasion).

Requirements:

Substantial (e.g., property devaluation).
Unreasonable (inappropriate for the area).