Torts Rule Language

Question 1

Negligence Claims against children standard

Answer 1

A child owes the duty of care of a hypothetical child of similar age, intelligence, and experience, acting under similar circumstances.

Question 1

Negligence Definition/Rule Language

Answer 1

“In any negligence action, a plaintiff must show that the defendant owed the plaintiff a duty of care, the defendant breached that duty, the defendant’s conduct was both the actual cause and the proximate cause of the plaintiff’s injuries, and the plaintiff suffered damages.”

Question 2

Child acting in an adult activity standard

Answer 2

If the child is engaged in adult activity (one which is “normally undertaken only by adults, and for which adult qualifications are required”), then the child will be held to the same standard of care as a reasonably prudent adult engaged in such activity.

Question 3

Undiscovered Trespasser (Definition and Rule)

Answer 3

Definition: One who comes onto the land without permission or privilege who the premises possessor does not know about.

Rule: Undiscovered trespassers are NOT OWED ANY DUTY OF CARE

Question 4

Discovered Trespasser (Definition and Rule)

Answer 4

Definition: A trespasser that the premises possessor knows or should know of.

Rule: The possessor must warn or make safe any UNREASONABLY dangerous concealed artificial conditions that the landowner knows of. (E.g., spring gun)

Question 5

Licensee (Definition and Rule)

Answer 5

Definition: A social guest who has permission to enter the land but does not confer an economic benefit on the possessor of land.

Rule: The landowner must warn or make safe all CONCEALED dangers (artificial or not, unreasonably dangerous or not) that the landowner KNOWS OF.

NOTE: Most MEE answers state that a landowner owes a a licensee the duty to “reveal hidden dangers of which the landowner knows or has reason to know and which the entrant is unlikely to discover.”

TRAP: The duty to warn DOES NOT extend to conditions that the licensee should have discovered (like an obviously broken porch step)

Question 6

Invitee (Definition and Rule)

Answer 6

Definition: Those that enter either to confer an economic benefit or enter land that is open to the public at large.

Rule: The premises possessor must (1) inspect the premises and (2) warn or make safe all dangers that the landowner knows or should know of.

TIP: An invitee who over welcomes their stay by going into an area they are not allowed becomes an anticipated trespasser.

Question 7

Negligence Per Se

Answer 7

A plaintiff can sue under a theory of negligence per se when the plaintiff can show three elements:
1. defendant violated a statute without excuse,
2. plaintiff was in the class of people that the statute was trying to protect, and
3. plaintiff received the injury that the statute was trying to prevent.

NOTE: If plaintiff can establish the above elements, he has offered conclusive proof of DUTY AND BREACH ONLY. Still must prove cause and harm.

Question 8

Res Ipsa Loquitur

Answer 8

The res ipsa loquitur doctrine allows the jury to infer negligence when the event is of a kind which ordinarily does not occur in the absence of negligence, other responsible causes are sufficiently eliminated by the evidence, and the indicated negligence is within the scope of the defendant’s duty to the plaintiff.

Question 9

Eggshel Skull Rule

Answer 9

A defendant takes his victim as he finds him. The plaintiff with an
eggshell skull” who suffers damages greatly in excess of those that a normal victim would suffer is entitled to recover fully for his injuries.

Question 10

NIED

Answer 10

This may be applicable when the defendant is negligent and the plaintiff has not sustained any actual physical trauma to his body. There generally must be a PHYSICAL MANIFESTATION of emotional distress.

Question 11

Battery (Definition)

Answer 11

An act with intent to cause a harmful or offensive contact or imminent apprehension of that contact and harm or offensive contact directly or indirectly results.

Question 12

False Imprisonment (Definition)

Answer 12

An act with intent to confine or restrain a person to a bounded area, actual confinement occurs, and the plaintiff knows of the confinement or is hurt by the confinement.

Question 13

Trespass to Land (Definition)

Answer 13

The defendant physically invades the land of another and intends to be where he is.

Question 14

Consent (Definition)

Answer 14

Consent is a defense to an intentional tort. Consent can be express or implied.

Question 15

Respondent Superior

Answer 15

Employers are vicariously liable for torts of their employees if the torts are committed within the scope of employment.

Intentional torts are usually outside the scope of employment unless they are done for the purpose of serving the employer or if they were foreseeable.

Question 16

Indemnification

Answer 16

Indemnification is FULL reimbursement for damages paid to the plaintiff. This is when one defendant can seek 100% of the damages form the other defendant.

This usually occurs when the paying defendant was not at fault in causing Plaintiff’s injuries, and the non paying defendant was at fault.

Question 17

Required Elements for Products Liability (4) “CLAP”

Answer 17

(i) the defendant is a COMMERCIAL supplier;
(ii) the defendant produced or sold a that was defective when it LEFT the defendant’s control;
(iii) the defective product was the ACTUAL and proximate cause of the plaintiff’s injury; and
(iv) the plaintiff suffered damage to PERSON or PROPERTY.

Question 18

Elements of an abnormally dangerous activity (3)

Answer 18

“An activity may be characterized as abnormally dangerous if:
1. it creates a foreseeable risk
2. of serious harm
3. even when reasonable care is exercised by all actors.”

Question 19

Elements of a products liability action based on strict liability (4) CCCD

Answer 19

1. The D is a commercial supplier,
2. the D predicted or sold a product that was defective when it left the d’s control
3. the D product was an actual and proximate cause of the P’s injury, and
4. the P suffered damage to person or property.

Question 20

Tortious business interference elements (4)

Answer 20

1. Existence of a valid contractual relationship between P and third party or a valid business expectancy of P;
2. D’s knowledge of the relationship or expectancy;
3. Intentional interference by D that induces a breach or termination of the relationship or expectancy; and
4. damages to P

Question 21

What are the only 3 intentional torts that REQUIRE a showing of damages? TIC

Answer 21

1. Trespass to chattel
2. IIED
3. Conversion