Torts

Question 1

Battery

Answer 1

An intentional act that causes a harmful or offensive contact with the plaintiff or with something closely connected thereto. In GA, “intention” is not a part of the prima facie case for battery.

Question 2

Assault

Answer 2

An intentional act that causes plaintiff to experience reasonable apprehension of an immediate harmful or offensive contact. Defendant must act with the desire to cause an immediate harmful or offensive contact or the immediate apprehension of such a contact, or know that such a result is substantially certain to occur.

Question 3

False Imprisonment

Answer 3

An intentional act that causes plaintiff to be confined or restrained to a bounded area against the plaintiff’s will, and the plaintiff knows of the confinement or is injured thereby. In GA, false imprisonment is “the unlawful detention of the person of another, for any length of time, whereby such person is deprived of his personal liberty.” Malice and probable cause need not be shown.

Question 4

Intentional Infliction of Emotional Distress

Answer 4

An intentional or reckless act amounting to extreme and outrageous conduct that causes plaintiff sever mental distress.

Question 5

Trespass to Land

Answer 5

An intentional act that causes a physical invasion of plaintiff’s land.

Question 6

Trespass to Chattels

Answer 6

An intentional act by defendant that interferes with plaintiff’s chattel, causing harm.

Question 7

Conversion

Answer 7

An intentional act by defendant that causes the destruction of or a serious and substantial interference with plaintiff’s chattel.

Question 8

Self-Defense

Answer 8

A defendant may only use the degree of force reasonably necessary to avoid the harm threatened by plaintiff

Question 9

Defense of Others

Answer 9

Defendant is allowed to defend another person from an attack by the plaintiff to the same extend the third person would be lawfully entitled to defend himself from plaintiff.

Question 10

Defense of Property

Answer 10

Defendant allowed to use reasonable force.

Question 11

Negligence

Answer 11

Duty, Breach, Causation, Damages

Question 12

Invitee

Answer 12

A person who enters onto defendant’s land at defendant’s express or implied invitation, and who enters for a purpose relating to defendant’s interests or activities, such as a customer, or someone there for business related purposes. Defendant has duty exercise reasonable care to prevent injury to invitees

Question 13

Licensee

Answer 13

A friend, social guest. Must warn of known dangers on property

Question 14

Superseding Cause

Answer 14

An unforeseeable, intervening cause that breaks the chain of causation between the initial wrongful act and the ultimate injury, and therefore relieves the original tortfeasor of any further liability

Question 15

Contributory Negligence

Answer 15

In GA, a plaintiff is considered contributorily negligent if his negligence was the proximate cause of the injury or if he could have avoided the defendant’s negligence by exercising ordinary care. In such situations, the plaintiff is barred from recovery.

Question 16

Pure Comparative Negligence

Answer 16

A negligent plaintiff’s recovery will be reduced by the percentage that he is at fault.

Question 17

Modified Comparative Negligence

Answer 17

A negligent plaintiff can only recovery if his negligence is less than defendant’s

Question 18

Partial Comparative Negligence

Answer 18

Damages are apportioned only if the defendant’s responsibility exceeds plaintiff’s responsibility. Plaintiff is denied recovery if he is responsible for 50% or more of his own damages.

Question 19

Assumption of Risk

Answer 19

Plaintiff “assumes the risk” of injury from defendant negligence if plaintiff expressly or impliedly consents to undergo the risk created by defendant’s conduct

Question 20

Strict Liability

Answer 20

Defendant is liable for injuring plaintiff whether or not defendant exercised due care.

Question 21

Defamation

Answer 21

In GA, a plaintiff may recover for any false and malicious publication, not privileged, which intentionally or negligently results in damage to him. Libel = written, Slander = spoken. For public officials, malice is required