Tort

Question 1

General Standard of Care

Answer 1

act as a reasonable person would

Question 2

Attractive Nuisance (discovered trespasser)

Answer 2

knows or has reason to know children are likely to trespass

condition involves unreasonable risk of death

children do not realize risk involved bc of youth

burden on eliminating danger is slight compared to the RISK

fails to exercise reasonable care to protect the children

Question 3

Invitee

Answer 3

grocery store

duty to warn and make safe

duty to inspect

Question 4

Negligence Per Se

Answer 4

(1) D violated Statute
(2) P is in protected class of people
(3) type of injury

still have to show causation and harm

Question 5

Res Ipsa

Answer 5

allows jury to INFER negligence when event is a kind which would not have occured if not for negligence

Question 6

NIED

Answer 6

D is negligent and P has not sustained any actual physical trauma to body

heart attack

some jurisdictions only allow if P was within the zone of danger

and some have to be closely related to victim or near scene of accident

Question 7

Is mere receipt of news NIED?

Answer 7

NO

Question 8

Damages

Answer 8

Comparative Negligence
- trier of fact apportions fault among parties

Partial or Modified (if P is over 50% cannot collect)

Question 9

Contributory Negligence

Answer 9

CL doctrine if any negligence on Ps behalf = can collect NOTHING

Question 10

Battery

Answer 10

intent to cause a harmful or offensive contact OR imminent apprehension of that contact and a harmful or offensive contact directly or indirectly results

Question 11

False Imprisonment

Answer 11

an act with intent to confine or restrain a person to a bounded area, actual confinement occurs, and the plaintiff knows of the confinement and or is hurt by the confinement

Question 12

Consent

Answer 12

defense to intentional tort can be express or implied

Question 13

Vicarious Liability

Answer 13

when an employer is liable and when employer is able to seek indemnification for damages paid to P

Liable if committed within scope of employment (respondent superiors)

Question 14

Are intentional torts in the scope of employment?

Answer 14

USUALLY NO unless done for purpose of serving the employer or if they were foreseeable

Question 15

Direct Liability of Employer

Answer 15

Employer is directly liable for his OWN negligence, if he fails to supervise or hiring, firing and entrustment of employee

Question 16

Indemnification

Answer 16

full reimbursement for damages paid to P if one defendant can seek 100% damages from the other defendant

when paying D was not at fault or caused Ps injuries and non-payor was at fault

Question 17

Strict Products Liability

Answer 17

Defendant MUST be a merchant (rather than casual seller of goods)

Question 18

Manufacturring defect theory

Answer 18

product must be defective from time it left the manufactuerer’s hands

Question 19

Commercial Sellers are

Answer 19

liable for manufacturing defects (including the store that sold them)