Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Torts > Midterm - Intentional Torts/Standard of Care > Flashcards

Midterm - Intentional Torts/Standard of Care Flashcards

1
Q

THE 3 TYPES OF INTENT

A

Purpose or Desire (P/D)
Knowledge of Substantial Certainty (KSC)
Transferred intent*

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

THE 3 TYPES OF LIABILITY

A

Vicarious liability
Direct liability
Extended liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

ELEMENTS OF BATTERY

A

Intent to cause
Harmful OR Offensive Contact
With the person of another
Without consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

ELEMENTS OF ASSAULT

A

Intent to cause
Reasonable apprehension of
Imminent harmful or offensive contact
With the person of another AND
The person actually suffers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

ELEMENTS OF FALSE IMPRISONMENT

A

Intent to confine someone
Confined or restrained within boundaries
Against their will
Victim is aware of confinement OR harmed by it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

A

Intent to bring about severe emotional distress OR recklessness
Extreme and Outrageous conduct
The action actually caused emotional distress
The emotional distress was severe

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

TRESPASS ON LAND

A

Intent to enter
Intrusion on property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

TRESPASS TO CHATTELS

A

Intentionally damage the chattel OR
Deprive the possessor of its use for a substantial period of time OR
Totally dispossess the chattel from its owner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

CONVERSION

A

the chattel must be so severely damaged that it cannot be saved and thus the perpetrator owes the owner the full market value of the item.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

TYPES OF CONSENT

A

Express
Implied
By Law
By custom

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

SELF DEFENSE

A

Defendant honestly believes they are threatened with imminent harm.
The defendant’s response must be reasonable.
The force used must be proportionate (reasonably necessary)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

DEFENSE OF OTHERS

A

Defendant honestly believes that another is threatened with imminent harm.
The defendant’s response must be reasonable.
The force used must be proportionate (reasonably necessary)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

SHOPKEEPER’S PRIVILIGE

A

They have reasonable belief/suspicion that the plaintiff is stealing or stole something
They may detain/investigate in a reasonable manner
For a reasonable amount of time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

NECESSITY

A

Defendant acted with a reasonable belief that there was a danger of imminent physical injury to the plaintiff (or their property) or to others
Right to prevent harm lasts only as long as is necessary
Defendant must use the least damaging means

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

TYPES OF STANDARDS OF CARE

A

Reasonably prudent person under the same or similar circumstances (RPPSSC)
Child
Statutory - Negligence per se
Professional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Reasonably prudent person under the same or similar circumstances (RPPSSC)

A

The person is held to the standard that we as a society deem the bare minimum any reasonable person would do

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Add-ons to RPPSSC

A

sudden emergency
physical condition
heightened ability/superior skill
common carrier

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

CHILD STANDARD OF CARE

A

THE DEFENDANT IS HELD TO THE SAME STANDARD AS OTHER PEOPLE OF THE SAME
Age
Experience
Intelligence
Maturity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

HAND RISK ANALYSIS

A

B < PL

BURDEN < PROBABILITY x LIKELY INJURY

20
Q

TORTS THAT TRANSFERRED INTENT APPLIES TO

A

Battery*
Assault
False imprisonment
Trespass to land
Trespass to chattels

21
Q

TORTS THAT TRANSFERRED INTENT DOES NOT APPLY TO

A

Intentional Infliction of Emotional Distress
Conversion

22
Q

IN ORDER FOR INTENT TO TRANSFER FROM BATTERY, THESE MUST BE SATISFIED

A

SINGLE INTENT
DUAL INTENT

23
Q

DE MINIMUS

A

too small to be meaningful or taken into consideration

24
Q

A person seeking to use custom evidence must prove

A
  1. It is well-established and widely used
  2. It is highly relevant
  3. There was compliance with or deviation from it
25
Q

Burden of proof for slip and fall cases

A

The instrument must have lasted long enough for the defendant knew or should have known about it

26
Q

Elements of res ipsa loquiter (“it speaks for itself”)

A
  1. The incident does not generally happen without negligence
    2.It was caused by an instrument within the defendant’s control
  2. The plaintiff did not contribute to the cause of their injury
27
Q

RIL vs BPL

A

RIL: when the specific conduct/actors are unknown
BPL: When the specific conduct/actors IS known

28
Q

Defenses to RIL

A
  1. Show the defendant acted reasonably
  2. Prove who did the conduct
  3. Show that the defendant did not have control over the object that caused the injury
  4. Show plaintiff’s own negligence caused it
29
Q

Types of medical malpractice

A
  1. Failed performance
  2. Informed consent
30
Q

The doctor standard of care

A

A doctor is expected to possess and use the level of knowledge, skills, and training as other professionals in good standing in the same practice area in the relevant geographic community

31
Q

Failed Performance / Performance based is set by…

A

CUSTOM: was there a compliance of a deviation?
*The jury has no say in whether it was reasonable, only that it was followed
There may be different types of custom, as long as one is followed it is okay

32
Q

Types of customs considered (medical malpractice) - jurisdictional split

A
  1. Same or similar locality considering the location, size, and character of the community
  2. National standard for board certified specialists
  3. National standard for all doctors
33
Q

Who can be a medical malpractice expert?

A
  1. Someone who can show they have knowledge from the relevant geographical area, even if it isn’t their own area of practice
  2. Someone substantially familiar with the standard of care applicable to the defendant’s specialty or their own standard of care is substantially similar.

*If in a same/similar locale jurisdiction, they must be both

34
Q

RIL in medical malpractice: elements

A
  1. Must show that when these things happen, it is the result of medical malpractice
  2. Control can be found for “all those defendants who had any control over the body or instrumentalities which might have caused the injury” (Ybarra)
  3. Plaintiff did not contribute to their own injury (usually a non-issue because the patient is unconscious)
35
Q

informed consent rules (jurisdictional split)

A
  1. The physician rule
  2. The patient/materiality rule
36
Q

the physician rule: elements

A
  1. A doctor is only required to divulge risks that other doctors in good standing in the relevant community would
  2. Causation: a reasonable patient would have refused the procedure if the omitted information had been provided (objective only)
37
Q

standard of care under the physician’s rule

A

Custom: deviation vs compliance

38
Q

Patient/Materiality rule

A
  1. A doctor must inform the patient of all material risks that a reasonable patient would want to know when deciding to undergo or reject a procedure.
  2. Causation
    —–Majority states: a reasonable patient would have refused the procedure if the omitted information had been provided (objective)*
    —–Minority states: this patient would have refused (subjective)
39
Q

Patient/Materiality rule standard of care

A

The reasonably prudent patient

40
Q

exceptions to informed consent

A
  1. Emergency
  2. Therapeutic privilege
    —–The doctor takes into consideration the patient’s mental health
    ———— if they think that their well-being may be adversely affected, they may not disclose certain risks
41
Q

negligence per se (statutory)

A
  1. Defendant violated a law without an excuse
  2. The injured party is in the class of people the law was intended to protect
  3. The injury suffered was one that the law was intended to protect against
42
Q

4 ways to negate NPS

A
  1. Negate one of the elements
  2. Show it is a licensing statute
  3. Show it is a statute on “general reasonableness”
  4. Valid excuse
43
Q

Valid excuses for negligence per se

A
  1. Incapacity (like a sudden heart attack)
  2. No knowledge or should have known
  3. Sudden emergency
  4. Violation of the statute was less harmful than following it.
44
Q

Negligence per se always applies to these

A

Child labor laws
Pure food & drug laws
Hazardous material safety rules

45
Q

Negligence per se jurisdictional split

A
  1. Strict NPS jurisdictions
  2. “Some evidence” jurisdictions
46
Q

Negligence per se and children

A

NPS cannot strictly be applied to children, instead cSoC applies and NPS is just considered evidence of breach.

*UNLESS it is an inherently dangerous/adult activity. Then RPPSSC applies and thus NPS also applies

Torts (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions