Tort

Question 1

Negligence per se and res ipsa

Answer 1

Only establish Duty and Breach, P still needs to prove causation and damage

Question 2

Assault needs

Answer 2

Intent to cause harmful contact + Actual created an apprehension

Question 3

unpermitted surgical contact can lead to battery

Answer 3

False imprisonment needs: 1. intent to confine in boundary 2. P must be aware of the confinement or D is harmed by confinement 3. No damage needed

Question 4

private Necessity (only a few people crossing usually) -> still liable to the property, but not trespass

Answer 4

Public necessity -> all immunity

Question 5

The mistake is not a defense to conversion (complete loss is sufficient for conversion)

Answer 5

Requires: intentional taking to interfere with the poession

Question 6

Attractive Nuisance needs

Answer 6

1. Artificial Dangerous Condition 2. The landowner should have known 3. The Child objectively is not realized the Dangerous Condition because of their ages. 4. Balance: Utility and maintenance weight lightly.

Question 7

Violation of statute is excused if compliance would cause more harm

Answer 7

The one who suffered Emotional distress must be presented in the zone of danger, usually observe the event. Merely has close relationship is not enough

Question 8

Res ipsa must establish evidence connecting a particular defendant defendant with the negligence to support a finding of liability against that defendant

Answer 8

The Negligence design of product only shown after it reaches the customers can be good defense

Question 9

abnormal activity-> the harm must comes from the dangerous propensity of the knowingly or reckless dangerous activity.

Answer 9

Defamation Element: 1. Defamatory Statement, 2. Publication 3. Damages