TORTS - Matt's Cards

Question 1

Strict Liability

Answer 1

Defendant is strictly liable if:1) Abnormally Dangerous Activities - Spano v. Perini (Blasting with TNT in NYC)2) Wild Animals - Vaughan v. 101 Wild West Show (Monkey bites finger off)

Question 2

Strict Liability Does Not Apply If

Answer 2

Plaintiff is trying to secure some benefit.Plaintiff obligation imposed by law.

Question 3

Public Nuisance

Answer 3

Unreasonable interference with a:1) Right common to General Public2) Statute / Ordinance / Admin Regulation3) Right to public in the sense of permanent, lasting effect

Question 4

Private Nuisance

Answer 4

1) Volitional Act2) Intent or Unintentional/Otherwise Actionable3) Causation4) Interference with Plaintiff’s enjoyment of landE.g. Clinic and Hospital v. McConnell (Radio store next to hospital)

Question 5

Negligent Infliction of Emotional Distress (NIED)

Answer 5

NegligenceCausationSevere Emotional HarmZone of DangerE.g. Dornfeld v. Oberg (Husband is run over while changing a tire)

Question 6

Impact Rule

Answer 6

NIED and must be imminent bodily harm

Question 7

Bystander Rule

Answer 7

NIED and must be imminent bodily harm and must be immediate family

Question 8

Intent Elements

Answer 8

Purpose - Meant to do it; Consequence is desiredKnowledge- Meant to do it; To a substantial certainty

Question 9

Consent

Answer 9

Willingness thru action or inaction (Does not need to be communicated - Hudson v. Craft [Illegal Boxing])Conveying a reasonable understanding to another

Question 10

Informed Consent

Answer 10

Same as consent but with Doctors/Lawyers.E.g. Canterbury v. Spence (Back surgery with 1 in 100 chance of paralysis)Exceptions - Emergency Rescuers

Question 11

Private Necessity

Answer 11

Can enter or remain on land:- To protect person/land/chattels BUT liable for harm done in protectingE.g. Ploof v. Putnam (Docking the sloop in a storm)

Question 12

Public Necessity

Answer 12

Can enter land:- To avert an imminent public disasterE.g. US v. Caltex (Destroy Filipino plant before Japs get it)

Question 13

Defense of Property and Chattels

Answer 13

Reasonable Authority (Not death/SBH)No mechanical devices (Spring guns)Must give warning unless Plaintiff reasonably believes that it is uselessE.g. Bird v. Holbrook (Spring gun in backyard)

Question 14

Consent does not apply to

Answer 14

MinorsMentally IncompetentIntoxicated People

Question 15

Self-Defense of Person with Death/SBH

Answer 15

Reasonable Belief:- Life in Danger- Can only survive by inflicting Death/SBH- Cannot be retaliationE.g. Slayton v. McDonald (911 Call - Squirrel Shot)

Question 16

Intentional Infliction of Emotional Distress (IIED)

Answer 16

Volitional ActIntent or RecklessnessCausationExtreme and OutrageousSevere Emotional DistressE.g. Figuerido-Torres v. Nickel (Marriage Counseling)

Question 17

Defense of 3rd Person

Answer 17

Same as Self-Defenses except:- Mistakes is unacceptableE.g. Young v. Warren (Shotgun to back)

Question 18

Self-Defense of Person without Death/SBH

Answer 18

Reasonable Belief about to suffer unprivileged harmful or offensive contactIn some states:- Duty to retreat- Duty to comply with commands

Question 19

False Imprisonment

Answer 19

Volitional ActIntentCausationConfinement (Fixed boundaries)Harm or Conscious of ConfinementE.g. Dupler v. Seubert (Resign or Get fired)

Question 20

Fighting Words

Answer 20

Illegal to breach the peace

Question 21

Defenses to False Imprisonment

Answer 21

Shopkeeper’s PrivilegeParental PrivilegeReasonable means of escape (not an affront to personal dignity)

Question 22

Trespass to Chattels

Answer 22

Volitional ActIntentCausationPlaintiff’s rightful possessionDamage/Deprivation of Use/DispossessionE.g. Register.com v. Verio Inc. (WHOIS Database)

Question 23

Conversion

Answer 23

Trespass to ChattelsDominion/ControlSerious DamagesE.g. Pearson v. Dodd

Question 24

Battery

Answer 24

Volitional ActIntentCausationBodily ContactHarmful or Offensive TouchingE.g. Fisher v. Carousel (Waiter snatches plate from hand)

Question 25

Trespass to Land

Answer 25

Volitional ActIntentCausationPlaintiff’s possessory interestIntrusionE.g. Hensler’s Farm (Kicking people out during hunting season)

Question 26

Assault

Answer 26

Volitional ActIntentCausationApprehension of imminent batteryE.g. Trogdon v. Terry (Man with cane threatens to get signature)