Torts

Question 1

Transferred intent

Answer 1

1. Intends to commit a tort against one person but instead

A. Commits a different tort against that person
B. Commits that tort to a different person
C. Commits a different tort against a different person

Question 2

False imprisonment

Answer 2

1. Intent
2. Confine or restrain to bounded area
3. Causation
4. Awareness of confinement

Question 3

IIED

Answer 3

1. Intent or recklessness
2. Extreme or outrageous conduct
3. Causation
4. Damages- severe emotional distress

Question 4

Extreme and outrageous conduct

Answer 4

1. Continuous
2. Sensitive plaintiff( child/ elderly: infirm)
3. Special defendant/ duty

Question 5

Trespass to chattels

Answer 5

1. Intent
2. Act that interfered with plaintiffs right of possession
3. Causation
4. Damages

Question 6

Conversion

Answer 6

1. Intent
2. Act that seriously interfered with plaintiffs right of possession
3. Causation
4. Damages

Remedy- replevin or fair market damages at time of conversion

Question 7

Intentional tort defensed

Answer 7

1. Consent (express or implied)
2. Self defense/ defense of others/ defense of property
3. Privilege of arrest
4. Necessity
5. Discipline

Question 8

Standards of care

Answer 8

1. Default- reasonably prudent person
2. Professional- knowledge and skill of member of profession in good standing
3. Children- child of similar age, education, experience - subjective test

Question 9

Landowner duties

Answer 9

1. To off premises- duty to protect from his caused artificial conditions
2. On premises

A. Trespasser- no duty to undiscovered T
To known T- duty to warn of known artificial dangerous conditions

B. Licensee- duty to warn of or make safe dangerous conditions likely to not be discovered by licensee. Exercise reasonable care in active operations- no duty to inspect or repair

C. Invitees- licensee duties + duty to inspect and repair

Question 10

Attractive nuisance

Answer 10

1. Dangerous condition on land owner should be aware of
2. Owner knows or should have known children often visit
3. Condition likely to cause injury
4. Cost of remedy is slight compared to magnitude of risk

Question 11

Statutory standard of care

Answer 11

1. Plaintiff is within protected class

2. Injury is of type statute was meant to protect against

Question 12

Negligent infliction of emotional distress

Answer 12

1. Plaintiff in zone of danger
2. Physical symptoms

Except
3. Family member bystander and present, and personally perceived event

4. Special relationship with tortfeasor/ plaintiff ( doctor/ patient etc)

Question 13

Res ipsa loquitur

Answer 13

1. Accident doesnt normally occur without negligence
2. Negligence attributable to defendant (exclusive control)

No directed verdict allowed

Question 14

Causation

Answer 14

1. But for test
2. Substantial factor test
3. Unascertainable causes approach- burden of proof shifts to defendants

Question 15

Contributory negligence

Answer 15

Plaintiffs claim barred if contributed to own injury

Question 16

Pure Comparative negligence

Answer 16

Damage award reduced by percentage of culpability

Question 17

Partial comparative negligence

Answer 17

Barred if > %50 fault

Question 18

Strict liability

Answer 18

1. Nature of activity imposed absolute duty to make safe
2. Dangerous aspect of activity was actual and proximate cause
3. Plaintiff suffered damage

Question 19

Strict liability

Answer 19

1. Defect ( manufacturing, design, information)

2. Existed when left Ds control

Question 20

Nuisance

Answer 20

1. Substantial interference with use and enjoyment
2. Unreasonable interference
   Injury must outweigh benefit

Remedy is damages or injunctive relief

Question 21

Respondeat superior intentional tort liability

Answer 21

1. Force is authorized by employment
2. Friction generated by employment
3. Furthering business if employer

Question 22

Independent contractor liability

Answer 22

1. Inherently dangerous

2. Non delegable

Question 23

Indemnity

Answer 23

1. Shifting entire loss between tortfeasors
2. By contract
3. Vicarious liability situations
4. Identifiable difference in degree of fault

Question 24

Defamation

Answer 24

1. Defamatory language
2. Of or concerning plaintiff
3. Publication
4. Damage to plaintiffs reputation

If Public concern:

5. Falsity
6. Fault

Question 25

Intentional misrepresentation( fraud/ deceit)

Answer 25

1. Misrepresentation of material fact
2. Scienter( knowledge)
3. Intent
4. Causation
5. Justifiable reliance
6. Damages

Question 26

Interference with business relations

Answer 26

1. Valid contractual relationship
2. Defendants knowledge of contract
3. Intentional interference by inducing breach
4. Damages