Lawsons Rules

Question 1

Consent

Answer 1

1. The π (legal and reasonably capable of consent)
2. By words or conduct have made the ∆ reasonably understand that the
3. π freely and knowingly consents to expose themselves to ∆ conduct, ∆ will bear no liability

Question 2

Negligence

Answer 2

1. Duty
2. Breach
3. Causation
4. Damages [Compensatory]

Question 3

Negligent conduct creates.. .

Answer 3

A

1. Reasonably foreseeable
2. Unreasonable risk of harm

Question 4

When is a risk unreasonable?

Answer 4

When its magnitude and probablity outweighs the burden of avoidance

Question 5

Trespass to chattel

Answer 5

1) Unauthorized
2) Intermeddling, w/ chattel
3) Harm

Question 6

Intent

Answer 6

1) Purpose

2) Substantially certain

Question 7

Transferred Intent

Answer 7

if different IT against same person, the same IT against

Question 8

Recaption

Answer 8

Privilege to use minimum force against actual wrongdoer that has taken by fraud or with constructive or actual force. Requires fresh pursuit

Question 9

Assault

Answer 9

1) Reasonable apprehension of
2) Imminent
3) Harmful or offensive contact

Question 10

False Imprisonment

Answer 10

1) Intentionally cause
2) complete confinement
3) that the π is aware of
4) by the boundaries of ∆ making

Question 11

Defense to intention tort involving personal injuries

Answer 11

1) Express consent
a) mistake
b) fraud
c) duress
2) Implied consent
a) Emergency
b) athletic competition
c) mutual consent to combat

Question 12

Self Defense (3)

Answer 12

1. Reasonable force
2. Reasonably believes
3. Even if reasonably mistaken

Question 13

The usual standard of care (3)

Answer 13

1. The care expected of a reasonable person
2. Of ordinary precedence
3. Under the circumstance

Question 14

Professional Standard of Care (3)

Answer 14

1. To utilize the skill and judgment of a member of that
2. Profession (specialty) in good standing
3. In the same circumstances

Question 15

Informed consent

Answer 15

• Full disclosure of all material risks incident to treatment must be made
○ Materiality standard - risks, nature, alternatives

Question 16

Common law negligence

Answer 16

If act has been found to be negligent, and ∆ commits act, then negligent as a matter of law. (E.g. railroad x-ing)

Question 17

Statutory Tort

Answer 17

Statutes explicitly provides that a person harmed by specific conduct is entitled to relief

Question 18

Negligence per se

Answer 18

1. The unexcused
2. violation of a statute enacted to protect
3. a class of persons of which the plaintiff is a member
4. from the type of harm the plaintiff suffered
5. is negligent per se
6. Unless the court concludes with good reason application would be inappropriate

Question 19

Res Ipsa Locquitor (2)

Answer 19

Even without specifying what the ∆ did negligently, the π may proceed if

1. This type of accident does not ordinarily occur (>50%)in the absence of negligence, and
2. ∆ was in exclusive control
3. π did not in any way cause harm

Question 20

Cause in Fact (2)

Answer 20

1) But-for rule

2) Substantial-factor test (Material)

Question 21

Failure To Act

Answer 21

One does not have a duty to intervene in a situation created by someone else

Question 22

Duty to warn

Answer 22

If patient poses serious danger of violence, doctor bears duty to warn (especially if you have a narrow class of people). Also, infectious diseases, prescription medication

Question 23

Privileges (defenses to intentional torts) [8]

Answer 23

1. Consent
2. Self
3. Others
4. Property
5. Recovery
6. Necessity
7. Law
8. Discipline

Question 24

Recovery of Property (2)

Answer 24

1. Recapture

2. Shopkeeper’s privilege

Question 25

Public necessity (5)

Answer 25

1. Privileged to intentionally invade 2. Property interests of another 3. By use of reasonable force to avert 4. A reasonably apparent threat 5. To the entire (or substantial part) of the community

Question 26

Private Necessity (5)

Answer 26

1. Limited privilege to intentionally invade 2. Property interests of another 3. By use of reasonable force to avert 4. A reasonably apparent threat 5. To one's own person or property

Question 27

Exception to informed consent (1)

Answer 27

Risks that ought to be known by everyone or are already known

Question 28

Burden of Proof for CIF

Answer 28

More likely than not

Question 29

Common carriers and inn keepers

Answer 29

liable for slight negligence

Question 30

Duty of care of property owner to invitee (3)

Answer 30

1) inspect property, 2) discover danger 3) protect invitee

Question 31

Evidence for Res Ipsa Loquitor

Answer 31

Circumstantial

Question 32

Concurrent tortfeasors contributing to an individual injury

Answer 32

When the tortious acts of two or more defendants are each a factual cause of an indivisible injury to the plaintiff, the defendants are jointly and severally liable

Question 33

Contributory negligence is not a defense to

Answer 33

an intentional tort, gross negligence, or recklessness.

Question 34

In the vast majority of modified comparative-fault jurisdictions, if the plaintiff and the defendant are found to __________, then the _________

Answer 34

1. be equally at fault | 2. plaintiff recovers 50% of his total damage