Torts

Question 0

What Are the Elements of a Trespass to Land

Answer 0

1) Entering the property of another;

2) without consent.

Question 1

What are the Elements of a Nuisance?

Answer 1

1) defendant created or allowed a condition to exist on her property;
2) that interfered with plaintiff’s use or enjoyment of her possessory interest in property;
3) the plaintiff did not consent;
4) a reasonable person would have been harmed or annoyed by the condition; and
5) the seriousness of the harm outweighs the public benefit in allowing the condition to exist.

A public nuisance is one that affects multiple members of the community at the same time, but the private plaintiff bringing the action is subjected to some specialized harm.

Question 2

What Are the Elements of a Trespass to Chattels?

Answer 2

The 1) taking of the property of another;

2) without their consent; and
3) with the intent to permanently deprive

Question 3

What Are the Elements of an Intentional Infliction of Emotional Distress?

Answer 3

1) Intentional act;
2) that tort feasor knew or should have known would cause victim emotional distress; and
3) act was of an unusually extreme character.

Question 4

What Are the Elements of False Imprisonment?

Answer 4

1) Confinement of another;
2) without lawful justification; and
3) without a means for them to leave.

Question 5

What Are the Elements of a Battery?

Answer 5

1) Physical contact;
2) that is unwanted; and
3) is objectively offensive.

Question 6

What Are the Elements of an Assault

Answer 6

1) The threat or perceived threat;

2) of imminent bodily injury.

Question 7

What Are the Elements of an Invasion of Privacy?

Answer 7

1) A publication;
2) of another person’s private information;
3) that is false.

Question 8

What is the Privilege of Arrest?

Answer 8

A citizen may engage in certain torts (battery, assault) to stop a crime in progress.

Question 9

What is the Defense of Necessity?

Answer 9

A person may be excused from tort liability where performance of the tort was necessary to save another from imminent bodily injury.

Question 10

What is a Survival Action?

Answer 10

The surviving heirs of a decedent may sue a tort feasor in the place of an injured decedent.

Question 11

What is a Wrongful Death Action?

Answer 11

The heirs of a decedent may sue a tort feasor for the pre-mature death of the decedent. Damages usually include pro-rated earning capacity.

Question 12

What Are the Elements of a Claim for False Light?

Answer 12

1) A Publication;
2) of information about a victim;
3) that is false.

Question 13

What is the Proximate Cause?

Answer 13

The tort would not have happened “but for” the proximate cause.

Nexus between the act and the damage, requires foreseeability.

Question 14

What is an Assumption of Risk?

Answer 14

A plaintiff assumes the risk of injury where the activity is by it’s nature highly dangerous.

Question 15

What Duties Are Implicated By a Claim for Products Liability?

Answer 15

The producer has a duty to supply goods that are safe for consumption.

Duty to warn of known defects.

Defenses: comparative fault, scientifically unknowable risk, unavoidably unsafe product

Question 16

When is Strict Product Liability Applicable?

Answer 16

Reserved for products that

Question 17

What are the Elements of Strict Liability?

Answer 17

1) Activity is inherently dangerous; or

2) principal responsible cannot delegate duty and escape liability.

Question 18

What is Contributory Negligence?

Answer 18

If victim is at fault by more than 50%, he cannot recover from defendant.

Question 19

What is Comparative Negligence?

Answer 19

Victim’s recovery will be pro-rated by the percentage of the accident that is attributable to him.

Question 20

What Are the Elements of Negligence?

Answer 20

Duty Breach Causation Damage

Question 21

What Are the Elements of Tortious Interference with Business Relations?

Answer 21

1) Existing contractual relationship between TP and victim;
2) defendant knows of relationship;
3) defendant commits a tort with the intent to destroy victim’s contractual relationship.

Question 22

What Are the Elements of an Abuse of Process?

Answer 22

1) Use of court instrumentality
1) with knowledge of frivolity;
3) and intent to cause plaintiff harm.

Question 23

What Are the elements of Malicious Prosecution?

Answer 23

Prosecution of plaintiff based on facts that prosecuting attorney has reason to believe are false and plaintiff is successful in resulting trial.

Question 24

What are the Elements of Defamation?

Answer 24

1) A False statement;
2) that defendant knew or should have known was false;
3) that causes damage to plaintiff.

Question 25

What Are the Elements of Libel?

Answer 25

1) A publication;
2) of a statement regarding another’s personal or business affairs;
3) that is false.

Question 26

What is Vicarious Liability

Answer 26

A principal is liable for the torts of its agent if there is an agency relationship and the tort is committed within the scope of employment or agency.

Scope;
Authority;
Control.

Question 27

What Are the Elements of an Inherently Dangerous Activities?

Answer 27

Activity may create strict liability if 1) it is unusual for the community; 2) the activity cannot be made safer by safety measures; 3) the utility of the activity is outweighed by the danger it may cause.