Tort Paper

Question 1

Abnormally Dangerous

Elements

Answer 1

1) D engages in abnormally dangerous Activity
2) Danger could not be eliminated with reasonable care
3) D was in control of activity
4) it creates a foreseeable risk of serious harm, even with reasonable care
5) Activity was not matter of common usage.

Question 2

Tort: False Imprisonment

Act of Restraint

Answer 2

1) Physical Barrier
2) Physical Force
3) Threat of Force
4) Failure to Release
5) Invalid use of legal authority
* time is irrelevant