Torts

Question 1

Prima Facie Case for Tresspass to Land

Answer 1

To establish a prima facie case for trespass to land, the following elements must be proved: (i) an act of physical
invasion of plaintiff’s real property by the defendant; (ii) intent by the defendant to bring about a physical invasion of
the plaintiff’s real property; and (iii) causation.

Question 2

Prima Facie Case for Negligence

Answer 2

(1) 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; (2) breach of that duty by the defendant; (3) that the breach was the actual and proximate cause of the plaintiff’s injury; and (4) damage to the plaintiff’s person or property

Question 3

Is there a duty imposed on a person to come to the aid of another absent a special relationship between the parties?

Answer 3

No

Question 4

What duty is owed if someone gratuitously comes to the aid of another person?

Answer 4

The actor must exercise due care in providing the assistance and must not leave the person in a worse position than he found her.

Question 5

Is there a duty to prevent a third person from injuring another?

Answer 5

Generally no, but such a duty will be imposed when the defendant had a special relationship wit the third person that gave the defendant the actual ability and authority to act, and the defendant knew or should have known that the third person was likely to injure the other person.

Question 6

Eggshell-skull plaintiff rule?

Answer 6

A tortfeasor takes its victim as it finds her, the fact that the extent or severity of the plaintiff’s harm was not foreseeable does not relieve the defendant of liability. If the defendant’s negligence causes an aggravation of the plaintiff’s existing physical or mental illness, the defendant is liable for the damages caused by the aggravation.