Tort Niche Issues Set 1 Flashcards
What is the primary difference between private nuisance and public nuisance?
Private nuisance involves interference with an individual’s use or enjoyment of real property, while public nuisance affects the rights of the public at large.
What must a plaintiff demonstrate to have standing to sue for private nuisance?
The plaintiff must have some possessory interest in the property, such as ownership or lease.
What constitutes ‘interference’ in the context of private nuisance?
Interference is significant or violates the law.
Define ‘unreasonable’ in the context of private nuisance.
Unreasonable refers to a severity of harm that outweighs the utility of the interference.
What is ‘special harm’ in relation to public nuisance?
Special harm is harm that is different from that experienced by the public at large.
What type of rights does public nuisance typically infringe upon?
Public rights such as health, safety, peace, and property.
What is meant by ‘substantial interference’ in private nuisance cases?
Substantial interference is offensive, annoying, or intolerable to a normal person.
True or False: Proof of harm is always required for a plaintiff in a public nuisance case.
False. Proof of harm is not required when the plaintiff is a public entity or government actor.
Fill in the blank: A private nuisance is a thing or activity that substantially and ________ interferes with another individual’s use or enjoyment of real property.
unreasonably
What is the legal standing of mothers regarding a public park in a private nuisance case?
The mothers do not have a possessory interest in the public park.
What is trespass to chattels?
An intentional interference with another’s right of possession in tangible personal property through dispossession, use, or intermeddling.
It specifically refers to interference with personal property (chattel).
Who can bring an action for trespass to chattels?
Anyone who had possession or the right to immediate possession of the chattel at the time of interference.
This includes individuals who had physical control or legal entitlement to the property.
In the example provided, who sued for trespass to chattels?
The fan sued the man for trespass to chattels.
The man interfered by propelling the baseball back onto the field.
Fill in the blank: Trespass to chattels involves interference through _______.
[dispossession, use, or intermeddling].
These actions disrupt another person’s rights over their tangible personal property.
True or False: A person can claim trespass to chattels if they had a right to possess the property at the time of interference.
True.
The right to immediate possession is key in establishing a claim.
What is the Doctrine of Transferred Intent?
A legal doctrine where intent transfers from the intended target to the actual victim in tort cases.
This doctrine applies to various torts, allowing for liability even when the intended target is not harmed.
In the context of the Doctrine of Transferred Intent, what happens when a defendant intends to cause a tortious consequence to a third party?
The requisite intent exists if the defendant causes that consequence to the plaintiff instead.
This applies to torts like assault, battery, and false imprisonment.
What are some applicable torts under the Doctrine of Transferred Intent?
- Assault
- Battery
- False imprisonment
These torts can be subject to transferred intent when the intent is misdirected.
What is required for a defendant to be liable for battery?
The defendant must intend to cause contact with the plaintiff’s person, and their conduct must cause harmful or offensive contact.
Liability hinges on the intent and the nature of the contact.
Under the Doctrine of Transferred Intent, how can the intent requirement for battery be satisfied?
If the defendant:
* Intended to cause contact with a third party but caused contact with the plaintiff
* Intended to commit an assault but instead committed a battery
This allows for liability even when the outcome differs from the defendant’s original intention.
True or False: The Doctrine of Transferred Intent applies only when the same tort is committed against a different person.
False
It applies in cases where different torts may be committed against the same person as well.
Fill in the blank: A defendant’s intent is satisfied under the Doctrine of Transferred Intent if they intended to commit an assault but instead committed a _______.
[battery]
The intent can transfer even when the tort committed is different from what was originally intended.
What is vicarious liability?
A legal principle where a principal may be held liable for the torts of another party, typically an employee.
When is a principal not vicariously liable?
When the torts are committed by an independent contractor.
Under what condition can vicarious liability be imposed on a principal for an independent contractor’s actions?
When the independent contractor’s work involves a nondelegable duty.
What is a nondelegable duty?
A duty retained by the defendant even when the performance of that duty is assigned to an independent contractor.
What types of work typically involve a nondelegable duty?
Abnormally dangerous activities.
Define abnormally dangerous activities.
Uncommon activities in the community that present a foreseeable and highly significant risk of harm that cannot be mitigated by reasonable care.
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Give Yourself A Five
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Fill in the blank: A principal is generally not vicariously liable for torts committed by its _______.
independent contractor.
True or False: A principal can delegate all duties to an independent contractor without any liability.
False.
What is the risk-utility test?
A test to determine if a product is defective by design based on foreseeable risk of harm.
Under the risk-utility test, when is a product considered defective by design?
When the design creates a foreseeable risk of harm and the risk outweighs the utility of the product.
What must be considered in the risk-utility test regarding design alternatives?
A reasonable alternative design that reduces the risk of harm.
Fill in the blank: A product is defective by design when the design creates a ______ risk of harm.
foreseeable
True or False: The risk-utility test considers the cost of a reasonable alternative design.
True
What are the two main components of the risk-utility test?
- Foreseeable risk of harm
- Reasonable alternative design
What is the definition of substantial interference?
Offensive, annoying, or intolerable to a normal person in the community
Substantial interference is a key concept in nuisance claims.
What does unreasonable interference mean?
Effectively renders the land unavailable for ordinary use or enjoyment by the possessor
Unreasonable interference is a criterion for establishing a nuisance claim.
True or False: An interference is considered substantial if it only bothers a person with unusual sensitivity.
False
The interference must be regarded as offensive, annoying, or intolerable by a person with normal sensibilities.
What must a plaintiff prove for a successful nuisance claim?
The interference was both substantial and unreasonable
Substantial interference means that a normal person would be annoyed, and unreasonable means it affects ordinary use or enjoyment.
Fill in the blank: An interference is not substantial if the plaintiff’s unusual sensitivity causes him/her to regard it as _______.
[offensive or intolerable]
This highlights that a normal person’s reaction is the standard for evaluating substantial interference.
What example is given to illustrate substantial interference?
Boisterous sounds of the family’s children playing next door
This example shows how normal activities can interfere with someone’s enjoyment of their home.
What is the significance of normal sensibilities in nuisance claims?
It sets the standard for determining whether interference is substantial
The concept of normal sensibilities is crucial for evaluating the legitimacy of a nuisance claim.
What is the primary question to determine products liability?
Was plaintiff harmed by a product?
This is the foundational question in assessing liability regarding defective products.
Who can be a defendant in a products liability case?
Commercial seller, Noncommercial seller, Service provider
Commercial sellers include manufacturers, distributors, and retailers, while noncommercial sellers can include individuals selling items at garage sales.
What are the main causes of action in products liability?
Strict products liability, Negligence, Misrepresentation, Intentional tort
Strict products liability is often the preferred cause of action due to its stringent standards for proving liability.
What is required to prove negligence in a products liability case?
Plaintiff must prove seller’s failure to use reasonable care caused harm
This applies to both commercial and noncommercial sellers.
What is the doctrine of res ipsa loquitur?
Negligence can be inferred when:
* The plaintiff was harmed by an accident usually caused by negligence of a seller
* Evidence tends to eliminate other potential causes of harm
This legal doctrine allows for the inference of negligence without direct evidence in certain circumstances.
Fill in the blank: A plaintiff can prevail on a negligence claim against a seller if they can prove that the seller’s failure to use _______ caused harm.
reasonable care
This emphasizes the standard of care expected from sellers in products liability cases.
True or False: A service provider can be held liable under products liability.
True
Service providers, such as doctors or dentists, can be considered defendants in products liability cases under certain circumstances.
