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What is the purpose of industry custom in a negligence case?
What is the purpose of industry custom in a negligence case?
Personal custom can establish a duty of care in negligence cases.
Personal custom can establish a duty of care in negligence cases.
False
What are the four elements required to establish Res Ipsa Loquitur?
What are the four elements required to establish Res Ipsa Loquitur?
- Nature of accident suggests negligence, 2) D had exclusive control, 3) P lacks direct evidence, 4) Instrumentality unlikely to cause harm without negligence.
To prove causation, one must establish _____ causation, _____ causation, and check for _____ causes.
To prove causation, one must establish _____ causation, _____ causation, and check for _____ causes.
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Match the following terms with their definitions:
Match the following terms with their definitions:
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What standard of care applies to a child aged 7 in Illinois?
What standard of care applies to a child aged 7 in Illinois?
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A reasonable child is held to the same standard of care as an adult in all situations.
A reasonable child is held to the same standard of care as an adult in all situations.
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What three conditions must be met for the sudden emergency doctrine to apply?
What three conditions must be met for the sudden emergency doctrine to apply?
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In cases of mental disability, courts weigh the relationship between the parties, foreseeability of harm, and _____ when determining duty of care.
In cases of mental disability, courts weigh the relationship between the parties, foreseeability of harm, and _____ when determining duty of care.
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Match the age thresholds to the corresponding negligence rules:
Match the age thresholds to the corresponding negligence rules:
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What is the key consideration of the emergency doctrine?
What is the key consideration of the emergency doctrine?
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Individuals with mental disabilities are generally held to a lower standard of care than those without mental disabilities.
Individuals with mental disabilities are generally held to a lower standard of care than those without mental disabilities.
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What must a rescuer prove when they undertake a rescue?
What must a rescuer prove when they undertake a rescue?
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The Firefighter Rule allows police and firefighters to recover for injuries suffered while performing their duties.
The Firefighter Rule allows police and firefighters to recover for injuries suffered while performing their duties.
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What is the primary duty of healthcare workers when a patient poses a threat to others?
What is the primary duty of healthcare workers when a patient poses a threat to others?
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The __________ rule bars recovery for injuries suffered by police and firefighters while performing their duties.
The __________ rule bars recovery for injuries suffered by police and firefighters while performing their duties.
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Match the following concepts with their definitions:
Match the following concepts with their definitions:
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Which of the following is NOT a condition for a healthcare worker's duty to warn?
Which of the following is NOT a condition for a healthcare worker's duty to warn?
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Healthcare workers are required to warn third parties only if the threat is non-specific.
Healthcare workers are required to warn third parties only if the threat is non-specific.
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Under what circumstances must a healthcare professional warn immediate family members of a patient's condition?
Under what circumstances must a healthcare professional warn immediate family members of a patient's condition?
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To fulfill the duty to warn, threats must be communicated to a __________ professional.
To fulfill the duty to warn, threats must be communicated to a __________ professional.
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Which of the following factors is NOT considered under the Dillon Rule?
Which of the following factors is NOT considered under the Dillon Rule?
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Only economic losses can be claimed under the Dillon Rule.
Only economic losses can be claimed under the Dillon Rule.
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What is required for a plaintiff to recover under the Dillon Rule in terms of injury?
What is required for a plaintiff to recover under the Dillon Rule in terms of injury?
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Under the Dillon Rule, a plaintiff must observe the event as it happens for it to be considered _____ proximity.
Under the Dillon Rule, a plaintiff must observe the event as it happens for it to be considered _____ proximity.
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Match the factors of the Dillon Rule with their definitions:
Match the factors of the Dillon Rule with their definitions:
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What must plaintiffs demonstrate when claiming economic loss?
What must plaintiffs demonstrate when claiming economic loss?
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Mere economic harm allows for recovery under the Dillon Rule.
Mere economic harm allows for recovery under the Dillon Rule.
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What type of relationship needs to exist for a duty to be owed directly to an individual?
What type of relationship needs to exist for a duty to be owed directly to an individual?
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In the Dillon Rule, the immediate family must be related by _____ or marriage.
In the Dillon Rule, the immediate family must be related by _____ or marriage.
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What is the policy reason for preventing individuals from becoming insurers of others?
What is the policy reason for preventing individuals from becoming insurers of others?
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What is the primary consideration for the Attractive Nuisance Doctrine?
What is the primary consideration for the Attractive Nuisance Doctrine?
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A swimming pool is always considered an attractive nuisance under the Attractive Nuisance Doctrine.
A swimming pool is always considered an attractive nuisance under the Attractive Nuisance Doctrine.
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What is the duty of care that a landowner owes to a licensee?
What is the duty of care that a landowner owes to a licensee?
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Children may not realize the risk created by an ______ condition.
Children may not realize the risk created by an ______ condition.
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Match the type of entrant with their corresponding duty of care.
Match the type of entrant with their corresponding duty of care.
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Which of the following is NOT a requirement for the Attractive Nuisance Doctrine?
Which of the following is NOT a requirement for the Attractive Nuisance Doctrine?
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An invitee enters a premises for mutual benefit.
An invitee enters a premises for mutual benefit.
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What are the two types of dangerous conditions that a landowner must manage with respect to invitees?
What are the two types of dangerous conditions that a landowner must manage with respect to invitees?
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A ______ can enter a property with the owner's knowledge and consent for their own convenience.
A ______ can enter a property with the owner's knowledge and consent for their own convenience.
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Which of these best describes the knowledge requirement for the Attractive Nuisance Doctrine?
Which of these best describes the knowledge requirement for the Attractive Nuisance Doctrine?
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Study Notes
Intentional Torts
- Intentional torts require intent
- Battery occurs when a party intentionally causes harmful or offensive contact.
- One type of intent is purpose.
- The other intent is substantial certainty that contact will occur.
- Single intent jurisdictions focus on intended contact, while dual intent jurisdictions also require the defendant understanding the contact to be harmful or offensive.
- To cause harm, there needs to be a harmful or offensive contact.
- Harmful contact results in physical injury, pain, or illness.
- Offensive contact violates a reasonable person's sense of dignity.
- Contact may be direct or indirect.
- Causation means the defendant's act caused the harmful or offensive contact.
Assault
- Assault occurs when a party intentionally causes imminent apprehension of harmful or offensive contact
- Party must be aware of the potential for the harmful contact
- Must have the intent
- Needs to be an imminent apprehension of harm
- Apprehension is not necessarily fear but awareness of an immediate threat
- Has to be a reasonable apprehension
False Imprisonment
- False imprisonment occurs when a party intends to confine another
- The confinement happens directly or indirectly
- The person must be conscious of the confinement or have been harmed by it
Trespass to Land
- A trespass to land occurs when someone interferes with the right of exclusive possession of a landowner
- Without permission
- Intentional act
Trespass to Chattels
- Intentional impairment of chattel's condition
- Intentional deprivation of the chattel for an extended time
- Bodily harm done to the chattel
- Key fact: harmful interference involves an impairment in chattel's condition while harmless intereference involves only a deprivation of possession.
Conversion
- Intentional exercise of dominion or control over a chattel.
- Interference with the right to control is serious, and compensation might be necessary.
Intentional Infliction of Emotional Distress (IIED)
- Intentional or reckless outrageous conduct
- Causation
- Requires severe emotional distress
- Key factor: conduct must go beyond all bounds of decency
- Factors considered: conduct's intensity, duration, relationship between parties, and awareness of vulnerability.
Defenses to Intentional Torts
- Consent: express or implied consent to conduct.
- Necessity: actions justified by emergencies to avoid greater harm
- Defense of self, others, or property: using reasonable force to prevent imminent harm
Negligence
- Duty: a legal obligation to act carefully, the reasonable person standard applies.
- Breach: failure to meet the duty of care; the reasonable person standard applies, and this means determining what a reasonable person would do under those circumstances, based on both constructive and actual knowledge.
- Causation: the breach of care must have caused the harm, this includes but-for causation, proximate cause and superseding causes
- Damages: proof of harm suffered is required
Special Duties to Act
- Good Samaritan Statutes: laws that can immunize people who help from liability (if acted in good faith).
- Professionals: duty to act may depend on their position (e.g. doctor, lawyer)
- Special relationships: duty to act when a special relationship exists (e.g. employer and employee, teacher and student), and also for specific individuals like a child being in danger.
Limitations on Duty
- Emergency situations might limit the duty owed if the emergency is very sudden and without warning.
- Physical disabilities might limit the duty owed if the person has a disability, and they are reasonable (ex. blind person needing a guide dog)
- Children: children will be subjected to the reasonable person standard for their age
- Mental disabilities: people with mental disabilities have the same duty of care as those without; however, courts may consider the extent to which they can understand their surroundings
Defenses to Negligence
- Contributory negligence (rarely used anymore).
- Comparative negligence (modifies the amount of damages based on the plaintiff's contribution to the harm).
- Assumption of risk (knowing and accepting a risk)
- Secondary assumption: voluntary encounter with risk (e.g., sports).
- Primary assumption: inherent risks (e.g., certain activities)
Special Liability Rules
- Business owners: have a duty to keep premises safe for visitors (invitees, licensees, and trespassers)
- Duty to warn of dangerous conditions and reasonable care
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Description
This quiz covers the key concepts of intentional torts, focusing on battery and assault. Understand the elements of intent, harmful contact, and the distinctions between single and dual intent jurisdictions. Test your knowledge on how these torts apply in legal contexts.
