Torts

Question 1

Trespass requires

Answer 1

1) An act of physical invasion on Plaintiffs real property

2) Intent to enter the piece of land

3) Causation

Question 2

Defendant does not personally enter the land but sets something in motion to cause a physical invasion

Answer 2

Trespass bc trespass does not require personal entry if D’s act causes the entry

Question 3

D accidental destroys Ps computer, but she can repair it, how much is owed?

Answer 3

The conversion damages =
The fair market value, which is how much the computer was worth before destroyed

Question 4

Conversion elements

Answer 4

1) act interfering with plaintiffs right to possession in the Chattel

2) intent to perform act that interferes with P’s right to possession

3) Causation

4) Damages are serious enough to warrant D pay Full Value of Chattel

Question 5

Conversion damages

Answer 5

Fair market value (the full value before damage)

Question 6

Self defense requires

Answer 6

The right to use deadly force:

There was 1) real danger or reasonable appearance of danger,
And
2) a reasonable person would have acted similarly under the circumstances

Question 7

Traditional duty of an owner or occupier of land

Answer 7

Depends on the legal status of P as either an invitee, licensee, or trespasser

Question 8

Invitee

Answer 8

Enters premises in response to express or implied invitation of landowner

Ex: if held open to the public for
• public areas
•businesses

Question 9

Licensee

Answer 9

Enters onto land with the possessors permission for his own purpose

Ex: social guests

Question 10

How to lose invitee status

Answer 10

If exceeds scope of the invitation

Landowner does not owe a duty for areas outside of invitee’s scope of invitation

Question 11

Violation of a statute may be excused by the trier of fact if

Answer 11

Compliance was beyond their control

(Look for the cause in fact)

Question 12

Amusement park ride malfunctions, Childs seatbelt wasn’t secure and is injured

Answer 12

Child will win bc ride operator failed to use reasonable care in securing seat belt

Question 13

Doctrine of vicarious liability

Answer 13

Imposes liability on an employer for the tortious conduct of its employer occurring within the scope of the employment relationship

Question 14

Is manufacturer liable if someone mounts TV on ceiling and it falls?

Answer 14

Yes if knew that sometimes was mounted in that way, then need to warn

Question 15

Courts in strict liability cases require a commercial supplier to anticipate:

Answer 15

Reasonable foreseeable use and misuse and must provide warnings for both

Manufacturer is liable for supplying a defective product

Question 16

Contributory negligence is not a defense for

Answer 16

Intentional torts

Question 17

False imprisonment

Answer 17

An act or omission on the part of the defendant that confines or restrains the plaintiff

Plaintiff must be confined to a bounded area

Question 18

Assault

Answer 18

Act by the defendant creating a “reasonable apprehension” in the plaintiff
Of an “immediate battery” / (harmful or offensive contact to the plaintiffs person)

Question 19

Confinement to a bounded area

Answer 19

The Plaintiff must know of the confinement or be harmed by it.

For an area to be bounded, freedom of movement must be limited in all directions with no reasonable means of escape known to the plaintiff
- way out can’t be: disgusting, hidden, very dangerous, or humiliating

Question 20

Intentional infliction of emotional distress

Answer 20

-An act by the defendant amounting to extreme and outrageous conduct
-the plaintiff must suffer severe emotional distress

This is the only intentional tort that requires actual damages (severe emotional distress)

Question 21

Nominal damages

Answer 21

Awarded when the plaintiff is legally in the right/their right was technically violated but has not suffered substantial harm or losses

Usually a smaller award due to lack of need for compensation, more about the vindication in court

Question 22

Actual damages

Answer 22

Also known as compensatory damages, are damages awarded by a court equivalent to the loss a party suffered

Question 23

Punitive damages

Answer 23

Amount awarded is based on Defendants actions that are especially reckless or malicious

Question 24

Duty to known trespassers

Answer 24

The land possessor must warn of or make safe any conditions that are:
- artificial
- highly dangerous
- concealed, and
- known to the land possessor in advance

Question 25

Duty to licensee

Answer 25

To warn of or make safe hazardous conditions that are:

Concealed from licensee
And known to the land possessor in advance

Question 26

Duty to invitee

Answer 26

To investigate regarding hazardous conditions that are
Concealed
And known to the land possessor in advance or could have been discovered by reasonable inspection

Question 27

Comparative negligence
Partial v. Pure

Answer 27

Partial- defendants negligence needs to be more serious than the plaintiffs for plaintiff to recover

Pure - plaintiff will recovery no matter what but the amount will be reduced by their percent of fault