Torts

Question 1

Standard of Care (Professionals)

Answer 1

All professionals owe their clients a professional standard of care.

For most professionals, this means they must demonstrate the same knowledge, skill, and care as a normal member of their profession in a similar community.

However, medical doctors are held to a national standard of care.

Any professional whose conduct falls below this standard and causes harm is liable for malpractice.

Question 2

Elements of a Private Nuisance

Answer 2

Liabiloty for private nuisance arises when the defendant’s interference with the plaintiff’s use and enjoyment of his property was both:

(1) Substantial - Offensive, annoying or intolerable to a normal person in the community AND
(2) Unreasonable - The severity of the Plaintiff’s harm outweighs the utility of the defendant’s conduct.
* The court will also consider whether the plaintiff came to the nuisance.

Question 3

Invitee vs. Licensee

Answer 3

Intivee = person who enters D’s land by invitation for a purpose relating to D’s activities or interests.
Eg. Store customers, patrons who are parking in a lot held out to public for parking.
Duty to inspect premises and make premises safe (*think slip and falls)

Licensee = person entering D’s property with D’s permission for a purpose not benefiting D.
Eg. Social guests
Duty to warn of know dangerous conditions that P does not already know about.

Question 4

Conversion (elements)

Answer 4

(1) Intentional Act
(2) Causes the destruction of or serious substantial interference with
(3) Someone else’s property

NOTE: MISTAKE is NOT a defense!