TORTS

Question 1

When will a court hold a child or a mentally incompetent person liable for an intentional tort?

Answer 1

If they act with the requisite mental intent

Question 2

When may a defendant be liable to a third party victim for IIED?

Answer 2

Severe emotional distress was caused to a close family member of the individual who perceives the defendants extreme and outrageous conduct.

If the defendants design or purpose was to cause severe distress to the third-party victim, the victim need not have perceived the conduct or be a close family member of the harmed individual.

Question 3

When is the use of deadly force justified in self-defense?

Answer 3

The defendant believes that:
1) the plaintiff is intentionally inflicting or about to intentionally inflict force upon the defendant
2) the defendant is put in peril of death, serious bodily harm, or rape by the threat of physical force or restraint.
3) the defendant can safely prevent the peril only by the immediate use of deadly force.

Question 4

Elements of Assault

Answer 4

1) plaintiffs reasonable apprehension
2) of an imminent harmful or offensive bodily contact
3) caused by the defendants action or threat
4) with the intent to cause either the apprehension of such contact or the contact itself.

Question 5

Are words sufficient to constitute assault?

Answer 5

No, but words mixed with conduct or other circumstances may be sufficient if the plaintiff reasonably believes that harm is imminent.

Question 6

Public Nuisance

Answer 6

An unreasonable interference with a right common to the general public.

Question 7

Elements of IIED

Answer 7

The defendants intentional or reckless extreme or outrageous conduct that causes the plaintiff severe emotional distress,

Question 8

Merchants Privilege

Answer 8

A merchant can use force against another for the purpose of investigating, recapturing, or facilitating an arrest.

Question 9

Intent

Answer 9

When a defendant acts with the purpose of causing the consequence or knows that the consequence is substantially certain to result.

Question 10

Tresspass the Chattel

Answer 10

The defendant intentionally interferes with the plaintiffs right of possession by either

(1) dispossessing the plaintiff of the chattel; or
(2) using or intermeddling with the plaintiffs chattel

Tresspass to chattels requires the plaintiff to show actual harm or deprivation of the use of the chattel for a substantial time.

Question 11

Conversion

Answer 11

Defendant intentionally deprives the plaintiff of possession of her chattel in a manner so serious as to deprive the plaintiff of the use of the chattel.

Plaintiff may recover damages in the amount of the full value of the converted property at the time of the conversion.

Question 12

Tresspass to land

Answer 12

Defendants intentional act causes a physical invasion of the land of another. Defendant need only to have the intent to enter the land, they need not know that the land belongs to another person.

Question 13

Transferred intent

Answer 13

When a person intends to commit an intentional tort against one person but instead commits the intended tort against a different person.

Question 14

Last clear chance doctrine

Answer 14

Plaintiff may mitigate the legal consequences of her own contributory negligence if she proves that the defendant had the last clear chance to avoid injuring the plaintiff but failed to do so.

Question 15

Negligence Per Se

Answer 15

1) A criminal or regulatory statute imposes a specific duty
2) the defendant neglects to perform the duty
3) the plaintiff is in the class of people that the statute is intended to protect
4) the harm is of the type that the statute was intended to protect against.

Question 16

Battery

Answer 16

1) the defendant intends to cause contact with the plaintiff
2) his conduct causes such contact
3) the contact causes bodily harm or is offensive to the plaintiff.

Question 17

Joint and Several liability

Answer 17

Each of two or more tortfeasors who is found liable for a single harm to the plaintiff is subject to liability to the plaintiff for the entire harm.

Question 18

Who may be a defendant is a strict liability action

Answer 18

The defendant must be in the business of selling or otherwise distributing products of the type that harmed the plaintiff

1. manufacturer
2. distributor
3. retail seller

Question 19

Contributory Negligence

Answer 19

The plaintiffs contributory negligence completely bars recovery, regardless of the percentage that the plaintiff contributed to the harm.

Question 20

Pure comparative negligence

Answer 20

The plaintiffs damages are reduced by the percentage that the plaintiff is at fault.

Question 21

Partial (Modified) Comparative Negligence

Answer 21

1. if the plaintiff is less at fault then the plaintiffs recovery is reduced by their percentage at fault.
2. If the plaintiff is more at fault than defendant, the plaintiffs recovery is barred.
3. If the plaintiff and defendant are equally at fault, the plaintiff recovers 50% of total damages.

Question 22

Standard of care in negligence cases

Answer 22

Reasonably prudent person under the circumstances.

Question 23

Libel

Answer 23

Defamation by words written, printed, or otherwise recorded in permanent form.

Question 24

Slander

Answer 24

Defamation spoken by word, gesture, or any form other than libel. Damages may be awarded for libel but slander requires proof of special damages unless it constitutes slander per se.

Question 25

A product is defective if it maintains

Answer 25

1. manufacturing defect
2. Design defect
3. Failure to warn defect

Question 26

Transferred intent applies to which intentional torts

Answer 26

1. assault
2. battery
3. false imprisonment

Question 27

Proximate cause

Answer 27

A defendant is liable for reasonably foreseeable consequences resulting from his conduct.