Torts

Question 1

assault

Answer 1

act intended to cause apprehension of immediate harmful/offensive bodily contact and causes reasonable apprehension of such contact

Question 2

deadly force

Answer 2

force capable of causing death or serious physical injury
cannot be used to protect property alone

Question 3

who decides whether there is a duty and who decides whether the D breached that duty

Answer 3

Court, jury

Question 4

duty of care rule

Answer 4

a defendant owes a duty of care to all foreseeable plaintiffs

Question 5

who is a foreseeable plaintiff

Answer 5

a person who is within the risk of harm created by the defendant’s unreasonable conduct

Question 6

general duty of care

Answer 6

reasonable care under the circumstances

Question 7

standard of care for children

Answer 7

children must exercise the care that is reasonable for a child of like age, education, intelligence, and experience

Question 8

standard of care for profeessionals

Answer 8

must exercise the knowledge and skill of an ordinary member of that profession in good standing

Question 9

special duty to warn of a medical professional

Answer 9

duty to warn patient of serious risks in any medical procedure

Question 10

duty to a licensee

Answer 10

warn of concealed, dangerous conditions known to the occupier

Question 11

licensee

Answer 11

social guest or solicitor coming to your front door

Question 12

invitee

Answer 12

customers in a store and their children
person on the property primarily for the benefit of the owner of the property

Question 13

duty to an invitee

Answer 13

duty to warn of concealed, dangerous conditions that the landowner knows of or should know of

owner has a duty to make reasonable inspections of the property to ensure there are no concealed dangerous conditions

Question 14

negligence per se elements
A statute may establish the standard of care, so that a violation of the statute will be a breach of the duty of care, as long as:

Answer 14

1- the plaintiff is within the class intended to be protected by the statute and
2- the statute is designed to prevent the type of harm that occurred

Question 15

cause in fact/actual cause

Answer 15

but for test
without this D’s conduct, would this accident/harm have occurred?

Question 16

proximate cause/legal cause

Answer 16

to hold a D responsible, there must be a reasonable relationship bt D’s act and the result

apply the foreseeability test- proximate cause will be established if the harm was foreseeably caused by the D’s negligent act

Question 17

eggshell plaintiff rule

Answer 17

if D is liable for some injury to P, D is liable for all of the P’s physical injury damages

“the extent of P’s harm need not be foreseeable”

Question 18

contributory negligence in common law

Answer 18

any negligence of the P that contributed to the harm is a complete defense that

Question 19

comparative negligence

Answer 19

jury compares the negligence of P and the negligence of the D and reduces P’s damages by percentage of her fault

modified: P cannot recover if she was over 50% at fault (only apply if specifically told to)
pure: P can recover damages regardless of her percentage of fault

Question 20

elements for strict liability for sale of a defective product (products liability)

Answer 20

1. D was a commercial supplier of the product (manufacturer, wholesaler, and retailer)
2. the product was in a defective unreasonably dangerous condition at the time D sold it or placed it in the stream of commerce
3. the defective product caused the P’s injury

Question 21

defective condition

Answer 21

defect in the design or assembly of a product OR defect due to inadequate warnings about potential dangers

Question 22

duty to known trespassers

Answer 22

land possessor must protect only from known, made-made, hidden death traps on the land