Torts Flashcards
Intentional Torts to the Person: What is the prima facie case for battery?
The prima facie case for battery consists of: (i) an act by the defendant that brings about harmful or offensive contact to the plaintiff’s person; (ii) intent on the part of the defendant to bring about such harmful or offensive contact; and (iii) causation.
Intent may be satisfied either when the defendant’s purpose in acting is to bring about the consequences of his conduct or when the defendant knows with substantial certainty that the consequences will result.
Negligence: What is the prima facie case for negligence?
The prima facie case for negligence requires the plaintiff to show: (i) a duty on the part of the defendant to conform to a specific standard of conduct for the protection of the plaintiff against an unreasonable risk of injury, (ii) breach of that duty by the defendant, (iii) that the breach was the actual and proximate cause of the plaintiff’s injury, and (iv) damage to the plaintiff’s person or property.
The General Duty of Care in Negligence: to whom does one owe a duty and what is the general applicable standard of care?
A duty of care is owed only to foreseeable plaintiffs–the class of persons who were foreseeably endangered by the defendant’s negligent conduct.
Whenever a person engages in an activity, he is under a legal duty to act as a reasonably prudent person engaged in the same or similar activity.
If a defendant’s conduct creates an unreasonable risk of injury to persons in the position of the plaintiff, the general duty of care extends from the defendant to the plaintiff.
Vicarious Liability and Other Miscellaneous Considerations: what is respondeat superior?
Under the doctrine of respondeat superior, an employer is vicariously liable for tortious acts committed by his employee within the scope of the employment relationship
Other Special Negligence Duties: what is negligence per se?
A statute providing for criminal penalties may establish a specific duty that will replace the more general duty of care in negligence cases. The statute will apply if (1) it was designed to prevent the type of harm suffered by plaintiff, and (2) the plaintiff is within the protected class.
If applicable, negligence per se establishes the first two prima facie elements of negligence (duty and breach).
When is an activity abnormally dangerous for the purpose of imposing strict liability?
An activity may be characterized as abnormally dangerous if it involves substantial risk of serious harm to person or property even when reasonable care is exercised.
Whether an activity is abnormally dangerous is a question of law that the court can decide on a motion for directed verdict.
For an activity to be abnormally dangerous: (i) the activity must create a foreseeable risk of serious harm even when reasonable care is exercised by all actors, AND (ii) the activity is not a matter of common usage in the community.
