Torts

Question 1

Negligence Rule Statement

Answer 1

In any negligence action, a plaintiff must show that the defendant owed the plaintiff a duty to conform his conduct to a reasonable standard of care, the defendant’s conduct fell below that standard of care, and that the defendant’s conduct was both the actual and proximate cause of the plaintiff’s injury

Question 2

Undiscovered Trespasser

Answer 2

Undiscovered trespassers are not owed any duty of care

Question 3

Discovered Trespassers

Answer 3

Possessors must warn or make safe to discovered trespassers any unreasonably dangerous concealed artificial conditions that the landowner knows of

Question 4

Licensee

Answer 4

A landowner owes a licensee a duty to reveal hidden dangers of which the landowner knows or has reason to know and which the licensee is unlikely to discover

Question 5

Invitee

Answer 5

A landowner owes an invitee a duty to warn or make safe all dangers that the landowners knows or should have known if they’d done a reasonable inspection

Question 6

Rescue

Answer 6

There is generally no duty to rescue another unless there is a special relationship. If one does begin a rescue though, they must exercise due care and not leave the person in a worse position than they found them.

Question 7

Duty to Third Person

Answer 7

Generally there is no duty to prevent a third person from injuring another unless a special relationship exists.

Question 8

Eggshell Plaintiff

Answer 8

A tortfeasor takes their victim as they find them. The fact that the extent or severity of an injury was not foreseeable does not relieve the defendant of liability

Question 9

Battery

Answer 9

Battery is an intentional causing of a harmful or offensive touching to another without their consent.

Question 10

Abnormally Dangerous Activity

Answer 10

An activity may be classified as abnormally dangerous if it creates a foreseeable risk of serious harm even when reasonable care is exercised, and the activity is not commonly done in the community.

Question 11

False Imprisonment

Answer 11

False imprisonment occurs when a defendant intentionally confines or restrains a plaintiff to a bounded area such that they are not free to leave. The plaintiff must be aware they are confined.