PP 2

Question 1

intent require,emt of intended tort transfers

Answer 1

to complete elements of completed tort

Question 2

types of consent

Answer 2

consent in fact
implied in fact
implied in law consent
informed consent
emergency privilege
avoidance of greater harm

Question 3

consent is invalidated by

Answer 3

fraud, duress, or incapacity

Question 4

ways of non deadly self defense

Answer 4

actor believe in danger of imminent or offensive body contact
force used by the actor is reasonable under the circumstance
escalation of force shifts the privilage

Question 5

self defense with deadly force

Answer 5

actor believes he is in imminent danger of harmful or offensive bodily contact
actor reasonably believes in danger of death/grievous harm
actor reasonably believes that the peril can only be safely be avoided by use of deadly force

Question 6

stand your ground laws and castle doctrine

Answer 6

actor reasonably believes that the peril can only be safely avoided by use of deadly force

Question 7

actor making this claim may invoke any defense available to the victim or that he reasonably believes would be available to the vitctim

Answer 7

defense of others

Question 8

what causes defense of property

Answer 8

must be invoked in hot pursuit
deadly force may NEVER be used
court will determine reasonable force

Question 9

When a tort must be committed to avoid greater harm to the public. (House fires, police privilege.)

Answer 9

public necessity

Question 10

when a tort must be committed in order to avoid a greater harm to the actor or other private entities

Answer 10

private necessity

Question 11

the are no defenses to

Answer 11

strict liability torts

Question 12

products liability comes into play when

Answer 12

product is defective because of a defect manufacture or design, or a failure to adequately warn the consumer of a hazard involved

Question 13

is products liability in effect when you misuse the product?

Answer 13

no

Question 14

what must the plaintiff prove in manufacture/defect in manufacture case

Answer 14

defendant is manufacturer/supplier of product
produce possessed defect in manufacturing
defect existed when left shop
defect manufacture caused injury
injury resulted form forseeable use

Question 15

when is a seller/manufacturer exempt from strict products liability claims

Answer 15

1. product is inherently unsafe and product is known to be unsafe by consumer
2. product is common consumer product intended for personal consumption

Question 16

failure to warn

Answer 16

basically you need a warning sticker

Question 17

damages that can be reduced or nullified by invoking comparative fault on the part of the plaintiff

Answer 17

comparative fault

Question 18

comparative fault bars recovery for

Answer 18

more than 50% at fault for the occurence

Question 19

pure comparative fault awards damage

Answer 19

to the percentage of fault, regardless of the ratio

Question 20

when is an activity ultra hazardous

Answer 20

necessarily involves risk of serious harm to the person, land, or CHATTELS of others which cant be eliminated by exercise OR not matter of common usage

Question 21

activity is a matter of common usage if it is

Answer 21

customarily carried on by the great mass of mankind or by many people in the community

Question 22

ultra-hazardous activity

Answer 22

existence of high degree of risk of some harm to the person, land, or chattels or others, inability to eliminate risk, etc.

Question 23

examples of ultra-hazardous activity

Answer 23

extreme sports
keeping wild animals as pets
keeping domestic animals whose tendency to bite is known
reckless or criminal behavior