Torts

Question 1

Battery

Answer 1

1. intentional
2. harmful or offensive contact
3. With P’s person

Question 2

Assault

Answer 2

1. Intentional act
2. Causes P reasonable apprehension
3. Imminent harmful or offensive contact
4. With P’s person

Question 3

False imprisonment

Answer 3

1. Intentional act
2. Restrains P to fixed boundaries; AND
3. P is aware OR harmed by it.

Question 4

IIED

Answer 4

1. Intentional or reckless conduct
2. That is extreme and outrages
3. Causes extreme emotional distress; AND
4. P actually suffers severe emotional distress.

Question 5

IIED on 3P

Answer 5

Liable if:

1. immediate family member is present; OR
2. Another person suffers a bodily injury.

Question 6

Trespass to Land

Answer 6

1. Intentionally
2. Enter land physically; OR
3. Propels physical object or 3P onto the land.

Question 7

Trespass to Chattels

Answer 7

1. Intentional interference with personal property of another; AND
2. Damage is small.

Question 8

Conversion

Answer 8

1. Intentional interference with personal property of another; AND
2. Damage is substantial.

Question 9

Defense of Necessity

Answer 9

D is NOT liable for harm to P’s property if intrusion was (or reasonably appeared to be) NECESSARY to prevent serious harm to a person or property.

Question 10

Affirmative Duty

Answer 10

Generally NO duty to affirmatively act unless:

1. Special relationship;
2. D put P in peril;
3. D has undertaken to rescue P; OR
4. Duty imposed by law.

Question 11

Professional Person Standard

Answer 11

Must act with:

1. Knowledge and skill;
2. As an average member of that profession;
3. Participating in a similar community.

Question 12

Medical Doctor Standard

Answer 12

1. Held to a degree of care and skill
2. Of average qualified practitioner
3. Under a NATIONAL STANDARD.

Question 13

Attractive Nuisance

Answer 13

Will be liable if D knows (or should know):

1. DANGEROUS ARTIFICIAL CONDITION;
2. Children are likely to frequent the area;
3. Children unlikely to discover the condition OR appreciate the risks; AND
4. Risk of harm outweighs the expense of making condition safe.

Question 14

Negligence Per Se

Answer 14

Establish duty & breach when D breaches statute.

Must show:

1. Statute’s purpose is to protect P from harm they suffered; AND
2. P is in the class of people the statute seeks to protect.

Question 15

NIED (Near Miss Case)

Answer 15

1. D’s negligence;
2. Creates a FORSEEABLE RISK of physical injury;
3. P is in ZONE OF DANGER; and
4. P manifests physical symptoms.

Question 16

NIED (Bystander Claim)

Answer 16

1. Negligence by D;
2. P is contemporaneous witness to NEGLIGENT BODILY INJURY inflicted on P’s family member; AND
3. P manifests physical symptoms

Question 17

Wild Animals

Answer 17

Owner is subject to STRICT LIABILITY for harm caused REGARDLESS of any safety precautions taken.

Question 18

Abnormally Dangerous Activity

Answer 18

An activity that:

1. Not COMMON USAGE in the community; AND
2. Creates FORSEEABLE and highly significant risk of physical harm.

Question 19

Strict Products Liability

Answer 19

1. Product was defective when it left D’s hands;
2. Not altered when it reached P
3. Caused an injury to P
4. When used as intended or unintended but forseeable use;
5. D is a commercial supplier.

Question 20

Commercial Supplier

Answer 20

Any person/entity engaged in business of selling goods of the type.

Question 21

Manufacturing Defect

Answer 21

1. Differs from intended design; AND
2. More dangerous than if made properly.

Question 22

Design Defect

Answer 22

Product can be made

SAFER

MORE PRACTICAL AND

AT A SIMILAR COST.

Question 23

Failure to warn

Answer 23

Requires:

1. P was NOT warned of the risks of the product;
2. Which are NOT obvious to an ordinary user;
3. But KNOWN to designer/manufacturer.

Question 24

Duty Owed by Product Suppliers

Answer 24

Owe duty to all FORSEEABLE users

and MUST act as a REASONABLY PRUDENT SUPPLIER.