Torts

Question 1

Battery

Answer 1

Consists of 1) act by D that brings about harmful or offensive contact to P’s person, 2) intent by D to bring about harmful or offensive contact, and 3) causation

Question 2

Intent

Answer 2

D’s purpose was to bring about consequences of his conduct or D knew with substantial certainty that the consequences will result

Question 3

Negligence

Answer 3

1) duty by D to conform to a specific standard of conduct for protection of P against unreasonable risk of injury, 2) breach of that duty by D, 3) breach was actual and proximate cause of P’s injury, and 4) damage to P’s person or property

Question 4

Respondeat superior

Answer 4

Employer is vicariously liable for tortious acts committed by his employee within the scope of the employment relationship

Question 5

Duty of care owed by property owner

Answer 5

Duty to exercise reasonable care with respect to activities on the land to avoid unreasonable risk of harm to others outside the property

Question 6

Who is owed a duty when you’re outside their property?

Answer 6

Must be within the foreseeable “zone of danger” of D’s activity

Question 7

Evidence of XYZ

Answer 7

Custom, usage, or industry standards are relevant but not dispositive on whether certain conduct constitutes negligence. Up to jury to determine whether D breached duty of care

Question 8

Actual cause

Answer 8

Injury would not have occurred “but for” D’s act

Question 9

Proximate cause

Answer 9

Harmful result is within range of foreseeable consequences that could result from D’s act

Question 10

Intervening cause

Answer 10

An event that comes between the initial act in a sequence and the end result. If foreseeable, doesn’t cut off D’s liability

Question 11

Eggshell rule

Answer 11

D takes P as they find him, ie. fact that extent or severity of harm was not foreseeable doesn’t relieve D of liability. D will be liable for all of P’s damages