Torts

Question 1

Intentional Tort

Answer 1

1. Intent 2. Voluntarily 3. Causation (Cause)

Question 2

Transferred Intent

Answer 2

1. Same tort meant for A done go B
2. Diff tort done to A
3. Different tort done to B

Question 3

Battery

Answer 3

1. D’ causes or is a substantial factor
2. Intent
3. To P’s person
4. Harmful or Offensive contact

Question 4

Assault

Answer 4

1. D’ causes or is a substantial factor
2. Reasonable apprehension
3. Imminent harmful or offensive contact to P’s person
4. Intent.

Question 5

False Imprisonment

Answer 5

1. D causes or is a substantial factor in
2. Confining P (w/i fixed boundaries)
3. P must know
4. Intent

Question 6

Shopkeepers Privilege

Answer 6

1. Reasonable cause
2. Can confine for reasonable time

Question 7

IIED

Answer 7

1. When D intentional causes or is a substantial factor
2. Extreme or outrageous conduct
3. Causing P severe emotional distress
4. Intent or reckless disregard

Question 8

Trespass to Land

Answer 8

1. D is a cause or substantial factor in;
2. Invading P’s real property w/ object or D’s person
3. W/ Intent

Question 9

Trespass to Chattels

Answer 9

1. When D causes or is a substantial factor in:
2. Interfering w/ P’s right of possession in chattel
   -Damage directly chattel (Intermeddling)
   -Deprives right of possession of chattel ( Dispossession)

Question 10

Conversion

Answer 10

1. D causes or is a substantial factor in;
2. Entirely depriving P’s right of possession of chattel
3. Intent

(SERIOUS + FULL VALUE LOST)

Question 11

Consent

Answer 11

1. P allows
2. Valid
3. D doesn’t cross the boundaries of P’s consent
4. Implied or Expressed

Question 12

Self Defense ( Person or Property)

Answer 12

1. D is not liable for harm if;
2. Reasonably believed harm
3. Used reasonable force

-Reasonable mistake is a defense
-No deadly force for property

Question 13

Necessity

Answer 13

Private: 1. When D comes on P’s land to prevent harm to himself and 2. Causes P some harm 3. D is liable

(Can’t use force if necessity trespass)

Public: 1. When D comes on P’s land to prevent harm to a bigger group ( the public, community) 2. Causes P some harm 3. D is not liable for damages.

Question 14

Negligence

Answer 14

1. Duty Reasonable person (unless special)
   - Cardoza (zone) Andrew’s ( all)
   - Special ( 1. You caused harm 2. Started gotta finish 3. Special relationship 4. Law requires)
2. Breach
3. Cause
   - Actual ( But, for)
   -Proximate ( Superseding, Intervening)

Question 15

Landowners Duty

Answer 15

1. Trespassers: None
2. Known Trespassers: Warn or make safe (Artificial)
3. Licensees: Warn or make safe (artificial and natural conditions)
4. Invitees: Inspect, ( if discovered) make safe (natural and artificial)

Question 16

Attractive Nuisance Doctrine ( Child)

Answer 16

1. D knows of object on land; artificial condition + likely to tresspass
2. Condition can pose risk of death or serious bodily harm
3. Children can’t understand danger
4. Fixing ( making safe the object is cheaper than potential harm cause)

Question 17

Negligence

Answer 17

1. D violated a statute
   2.Causing harm to P
2. P was in the class of people statute was protecting
3. Harm was what the statute was trying to protect from

Question 18

Red Ipsa Loquitur

Answer 18

1. Harm would not occur in absence of negligence
2. D had exclusive control of agent or instrument that’s caused harm

Infer

Question 19

Actual + Proximate

Answer 19

1. Actual (But, For)
2. Proximate ( Intervening, superseding ( cuts liability off)

Question 20

Eggshell Plaintiff

Answer 20

Take P as you found P
( even if P’s damage is wild and it wouldn’t cause a normal person that damage; still liable)

Question 21

Employment ( Vicariously Liable)

Answer 21

1. Employer
   -Consent
   -Within Scope
2. Independent
   -Nondelegable duty
   -Dangerous
3. Liable for Intentional tort if;
   - Consent
   - Had to do with Job

Detour 1. Minor ( liable) 2. Major ( Not liable)

Question 22

NIED

Answer 22

1. Zone
2. Bystander
3. Special

Question 23

Bystander

Answer 23

1. Closely related
2. Present at scene
3. Personally observed injury

Question 24

Indemnification

Answer 24

Collect from co-defendant (active tortfeasor)

Question 25

Joint and Several Liability

Answer 25

1. When 2 or more are jointly and severally liable; 1. Each party liable for full extent. 2. Can collect full value from anyone 3. If one D pays more can recover from other defendants

Question 26

Alternative Liability

Answer 26

If P doesn’t know who did it and both were present and P can shift burden of proof ( D’s deal with it)

Question 27

Contributory Negligence

Answer 27

1. P can’t recover if his own negligence contributed UNLESS; 1. D was engaged in wanton and willful misconduct or 2. D had last clear chance ( not valid defense for intentional torts)

Question 28

Comparative Fault

Answer 28

1. Pure: P can recover for the % that she’s not liable for 2. Modified Comparative; 1. If P is more at fault than D than; P can’t recover ( completely barred)

Question 29

Assumption of Ridk

Answer 29

1. Knowingly assumed risk 2. Did it anyway