Torts

Question 1

Jack 13-year old wanted to punch Mark in the stomach, but missed and swang almost hitting Jessica’s nose, and the second punch is incoming. Can Jessica sue Jack for the intentional tort of assault?

Answer 1

YES. Incapacity is not a defense to intentional torts. Transfered intent allows transferring intent to commit one crime on Mark to another crime on Jessica.

Question 2

Elements of battery

Answer 2

Harmful or offensive conduct (reasonable person standard)
of person (or bag)
(damage is not required)

Question 3

Elements of assault

Answer 3

1) Reasonable apprehension
of immediate battery; or
2) attempted battery

Question 4

Elements of false imprisonment

Answer 4

Act of restraint (words or inaction may suffice)
Plaintiff confined
And plaintiff is aware of it

Question 5

Elements of IIED

Answer 5

Extreme and Outrageous conduct
Caused severe distress

Question 6

4 elements that help establish outrageous conduct

Answer 6

Conduct repetitive in nature
Def is common carrier or innkeeper
Plt is member of fragile class (young, elderly, pregnant)
Targeting known sensitivity

Question 7

Elements of Trespass to land

Answer 7

physical invasion
of land (or air)
by person or object (throwing a rock)
awareness of boundary is not needed

Question 8

a 10 year old threw a rock across your property that didn’t touch a thing and landed on a public street. Will the landowner will be successful in suing for trespass?

Answer 8

Yes.

Question 9

Elements of Tresspass to chattels

Answer 9

Intentional interference with plt’s personal property
small harm - damages

Question 10

Elements of Conversion

Answer 10

Intentional interference with plt’s personal property
big harm - full value

Question 11

What is special about intentional torts?

Answer 11

No incapacity defenses; and
Reasonable person standard (no egg-shell equivalent)

Question 12

What defense is only available for intentional property torts

Answer 12

necessity

Question 13

A reasonably prudent person standard is fluid in that it counts these 2 attributes:

Answer 13

physical characteristics (height, eyesight)
superior skills (race driver knows how to drive in a skid)

Question 14

What is the special standard of care for children 5-18

Answer 14

Reasonable conduct of a child of similar age, experience, and intelligence acting under similar circumstances

Question 15

TSpecial standards of care apply in cases of

Answer 15

children
professionals
property possessors
Per se
To act affirmatively

Question 16

What is the Duty to known/anticipated trespassers?

Answer 16

duty to protect against known, man-made death traps (concealed)

Question 17

What is the Duty to licensees on the land?

Answer 17

duty to protect against all known traps

Question 18

What is the Duty to invitees?

Answer 18

duty to protect against all reasonably discoverable traps

Question 19

When does the duty of rescue arise?

Answer 19

When there is formal relationships; or
Def caused the peril

Question 20

What is a good samaritan law

Answer 20

no liability if person attempts to rescue someone

Question 21

Animal cases standard

Answer 21

1 bite is free. Strict liability afterwards. Stick liability for tigers and other animals.

Question 22

What are the two elements of abnormally dangerous activity to apply strict scrutiny?

Answer 22

Activity cannot be made reasonably safe through ordinary care; and
it was done in uncommon area

Question 23

elements of defamation

Answer 23

a statement adversely affecting reputation
that identifies plt
is false
faulty
Damages

Question 24

Does plaintiff have to prove damages in defamation case?

Answer 24

Yes, unless the statement is 1) slander per se:
concern profession;
serious crime;
serious sexual misconduct;
loathsome (contentious) disease; or
2) libel (in print, it is not slander)

Question 25

Affirmative defenses to defamation:

Answer 25

Consent
Spousal Privilege
Court proceedings
3 Branches of Government

Question 26

An article in a newspaper reported that the city’s professional basketball franchise announced that financial difficulties have forced them to sell the franchise to a group of investors who will probably move the team to another state. The article stated that, according to inside sources, the main reason for the sale is that the general manager of the team has been liberally spending on his mistress. The general manager, who is well-known in the community, brought an action against the newspaper for defamation.
If the newspaper stipulates at trial that the statement regarding the general manager is false, what additional facts does he have to prove to recover?

Answer 26

The general manager will have to prove that the newspaper acted with actual malice because he is a public figure.
Because it is libel, damage to reputation, the final common law element, is presumed.

Question 27

The owner of a small fleet of taxicabs had his cabs serviced by a national chain of auto service centers. One of his cabs went through a stop sign when its brakes failed without warning. The ensuing collision seriously injured the passenger. An investigation revealed that brake repairs had been made on the cab a week before, but the service center’s mechanic had used the wrong parts and had made numerous errors in reassembling the brakes.

If the passenger sues the cab company owner for her injuries, who should prevail?

Answer 27

The passenger will recover against the owner for her injuries because the owner, a common carrier, owed her a nondelegable duty to provide a safe vehicle in which to ride. The general rule is that a principal will not be liable for tortious acts of his agent if the agent is an independent contractor. However, a major exception to this rule applies when the duty, because of public policy considerations, is nondelegable. In these cases, the principal is vicariously liable for the agent’s negligence despite the principal’s own exercise of due care. A common example of these types of duties is the duty of a business to keep its premises and instrumentalities safe for its customers. This includes the duty of a common carrier, such as a taxi company, to keep its vehicles in safe working order. Thus, the owner’s duty to the passenger, a passenger in his cab, was nondelegable.

Question 28

A three-year-old girl attending nursery school punched a boy in the face because he was teasing her about wearing glasses. The blow knocked out the boy’s newly acquired front teeth.

If the boy’s parents sue the girl’s parents for the injury, what is their best defense?
1. The parents were unaware of any potentially violent behavior by the girl.
2. The girl is too young to be responsible for her actions.
3. A parent cannot be liable for damages due to the child’s conduct.

Answer 28

1. The parents were unaware of any potentially violent behavior by the girl.

At common law, parents are not vicariously liable for the torts of their child. Parents can be liable, however, for their own negligence, i.e., in not exercising due care under the circumstances. Thus, if the parents know their child may be violent, they could be negligent if they do not take precautions to prevent that behavior or injury from that behavior.