Intentional Torts Quiz
40 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What must the owner of a property reasonably realize regarding the artificial condition?

  • The condition is beneficial to children.
  • The condition involves a risk of harm to a child. (correct)
  • Children should avoid the property.
  • The condition is not harmful.
  • What defines a licensee in the context of property entry?

  • Someone invited onto the property with mutual business benefits.
  • A social guest entering for their own benefit. (correct)
  • Anyone who pays a fee to enter the property.
  • A person who enters the property with no prior relationship.
  • Which of the following best describes the duty owed by a landowner to an invitee?

  • A duty to supervise invitees at all times.
  • A duty to protect against all accidents regardless of awareness.
  • No duty to guard against obvious risks. (correct)
  • A duty to warn of all potential dangers.
  • In the learned hand formula, what does the burden represent?

    <p>The cost of preventing an accident.</p> Signup and view all the answers

    What should be the responsibility of the property owner concerning children and known dangers?

    <p>To take reasonable care to eliminate danger.</p> Signup and view all the answers

    What does the term 'foreseeable risk' imply regarding a landowner's duty?

    <p>It requires the owner to be aware of potential harms from third-party actions.</p> Signup and view all the answers

    Which of the following statements about the responsibilities of landowners towards invitees is true?

    <p>They need to ensure the property is safe based on known risks.</p> Signup and view all the answers

    What happens when the burden is less than $P*L$ in a negligence case?

    <p>The actor breached duty of care.</p> Signup and view all the answers

    Which of the following must be proven by the plaintiff in a negligence per se claim?

    <p>Causation and damages.</p> Signup and view all the answers

    What must a landowner do when they are aware of a dangerous condition that a licensee does not know about?

    <p>Warn or make safe the condition.</p> Signup and view all the answers

    Which of the following is NOT a valid excuse for violating a statute in negligence per se?

    <p>Emergency due to the actor’s misconduct.</p> Signup and view all the answers

    In the context of negligence per se, a statute must be intended to protect which group?

    <p>A specific class of persons.</p> Signup and view all the answers

    How does industry and personal custom affect the standard of care in negligence cases?

    <p>They never change the standard of care.</p> Signup and view all the answers

    What does the concept of Res Ipsa Loquitur imply in negligence cases?

    <p>The nature of the accident implies negligence.</p> Signup and view all the answers

    What is the significance of exclusive control in Res Ipsa Loquitur?

    <p>It indicates that the defendant's negligence is likely the cause.</p> Signup and view all the answers

    If an individual neither knows nor should know of the need to comply with a statute, what principle applies?

    <p>The violation is excused.</p> Signup and view all the answers

    What is a requirement for a threat to be considered imminent?

    <p>There must be circumstances indicating immediate harm.</p> Signup and view all the answers

    Which of the following describes the Transfer of Intent Doctrine?

    <p>It allows the intent of an assault to transfer to another individual.</p> Signup and view all the answers

    What must occur for false imprisonment to be established?

    <p>The defendant must intend to confine the plaintiff.</p> Signup and view all the answers

    What does 'shopkeeper's privilege' entail?

    <p>It requires reasonable belief, manner, and time for detention.</p> Signup and view all the answers

    Which of the following statements about trespass is true?

    <p>The plaintiff must have a legal right to the land.</p> Signup and view all the answers

    What is a critical factor in determining conversion?

    <p>The extent and duration of control over the property.</p> Signup and view all the answers

    Which behavior qualifies as intentional infliction of emotional distress?

    <p>Outrageous conduct with intent to cause distress.</p> Signup and view all the answers

    Which statement about chattel is correct?

    <p>Chattel can involve dispossession or intermeddling.</p> Signup and view all the answers

    What establishes recklessness in a person's conduct?

    <p>They know of the risk and ignore a slight precaution.</p> Signup and view all the answers

    What does the 'but-for' test determine in negligence cases?

    <p>If the defendant's negligence was one of the essential links to the harm.</p> Signup and view all the answers

    In the context of multiple sufficient independent causes, what is true?

    <p>Each defendant's conduct can independently cause harm.</p> Signup and view all the answers

    What is required for a proximate cause to exist?

    <p>The cause must be a natural sequence linked to negligence.</p> Signup and view all the answers

    What does foreseeability imply in the context of negligence?

    <p>The type of harm must be predictable from the negligence.</p> Signup and view all the answers

    Which of the following is NOT required under the alternative liability doctrine?

    <p>The plaintiff must suffer significant damages.</p> Signup and view all the answers

    What does direct cause refer to in terms of liability?

    <p>Liability exists for consequences directly resulting from negligent conduct.</p> Signup and view all the answers

    Which statement best describes the characteristics of an intervening cause?

    <p>It must break the causal chain between the negligent act and the harm.</p> Signup and view all the answers

    What is the main consequence of an intervening cause that does not break the chain of causation?

    <p>There is a relation to the negligence at hand</p> Signup and view all the answers

    Which of the following is considered a special economic damage?

    <p>Medical expenses related to injury</p> Signup and view all the answers

    What does a wrongful death statute primarily aim to compensate for?

    <p>The family's loss of consortium</p> Signup and view all the answers

    Which of the following best describes the doctrine of failure to mitigate damages?

    <p>It requires the plaintiff to reduce harm post-incident</p> Signup and view all the answers

    How does the collateral source rule affect a plaintiff's compensation?

    <p>It allows for full compensation irrespective of insurance</p> Signup and view all the answers

    Which of the following is an example of general noneconomic damages?

    <p>Disfigurement</p> Signup and view all the answers

    What is characterized by the seat belt defense in the context of tort law?

    <p>It relates to the plaintiff's potential contribution to their own injuries</p> Signup and view all the answers

    In relation to damages for wrongful death, what does a survival statute allow?

    <p>Claims to benefit the estate of the deceased</p> Signup and view all the answers

    Study Notes

    Intentional Torts

    • Assault
      • An act intended to cause apprehension of imminent harmful or offensive contact
      • The other must actually have a reasonable apprehension of an imminent harmful or offensive contact
      • Intent to cause apprehension is required, apprehension based on the reaction of a reasonable person
      • Transfer of Intent: Intent established for an assault against one person can transfer to establish the intent for a battery against another
    • Battery
      • An act intended to cause harmful or offensive contact
      • Harmful or offensive contact, direct or indirect
      • Intent to cause harmful or offensive contact is required
    • False Imprisonment
      • Defendant acts intending to confine the plaintiff within boundaries fixed by the defendant
      • Defendant's actions result in the actual confinement of the plaintiff
      • Plaintiff is conscious of the confinement or is harmed by the confinement
      • Shopkeeper's Privilege
        • Reasonable belief that the plaintiff has committed theft
        • Reasonable manner of detention
        • Reasonable time of detention
    • Trespass
      • Land
        • Plaintiff owns or has an exclusive possessory interest in the land
        • Defendant intentionally acts causing a physical invasion, or failure to leave, the land of another
      • Chattel
        • Dispossessing the plaintiff of the chattel
        • Using or intermeddling with the plaintiff’s chattel (and thereby damaging the chattel or harming the plaintiff)
      • Conversion
        • Depriving the plaintiff of possession of their chattel
        • Interfering with the plaintiff’s chattel in a manner so serious to deprive the plaintiff of the use of the chattel
        • Factors considered:
          • Extent and duration of control
          • Defendant’s intent to assert a right to the property
          • Defendant’s good faith
          • The harm done
          • The expense or inconvenience caused
    • Intentional infliction of emotional distress
      • Outrageous conduct by the defendant
      • The defendant’s intent to cause, or reckless disregard of the probability of causing emotional distress
      • Plaintiff suffers severe emotional distress

    Negligence

    • Duty
      • Foreseeable Plaintiff: the plaintiff must be in the "zone of danger".
      • General Duty: A legal obligation imposed on a person or entity to exercise reasonable care to avoid harming another person
      • Duty of Landowner
        • Trespassers
          • Duty to refrain from intentional misconduct
        • Attractive Nuisance
          • The owner knew or should have known that children are likely to trespass
          • The owner realized or should reasonably realize that the condition involved a risk of harm or bodily injury to a child
          • Children, due to their age, did not realize the danger of the condition
          • The utility of maintaining the condition and eliminating the risk is not a burden tot he owner
          • The owner failed to exercise reasonable care to eliminate the danger or to protect the child on their property
        • Licensees
          • Social guests are licensees
          • A licensee is one who enters the property of another with the purpose or business for their own benefit
          • Duties of Landowner's:
            • No gross negligence
            • Warn or make safe any dangerous conditions of which the landowner is aware and the licensee is not
        • Invitees
          • One who enters at an expressed or implied invitation
          • Land open to the public
          • Has business with the landowner
          • Duty owed:
            • Exercise ordinary care to protect from risk which the owner is actually aware of or reasonably should be through inspection
            • No duty to warn of open and obvious dangers
            • Duty to protect from 3rd party criminal attacks of which the landowner had actual awareness of or a foreseeable risk
    • Breach
      • Learned Hand Formula
        • Burden < Probability * Loss
          • Burden of taking precautions against an accident
          • Probability that an accident will occur
          • Loss seriousness or magnitude of damages or injury
        • Where burden is less than P*L the actor breached the duty of care
        • Where burden is greater than P*L no breach of duty of care
      • Negligence Per Se
        • Prima facie claim
          • Defendant violated a statute prohibiting certain conduct
          • The statute was intended to protect against the harm for which recovery is sought
          • The person harmed was part of the class of persons for whom the statute was intended to protect
        • Negligence per se takes care of the duty and breach elements of negligence
        • Plaintiff must then prove causation and damages
        • Excuse:
          • An excused violation of a legislative enactment or an administrative regulation is not negligence
          • Unless such enactment or regulation is construed not to permit such excuse, its violation is excused when:
            • The violation is reasonable because of the actor’s incapacity
            • He neither knows nor should know of the occasion for compliance
            • He is unable after reasonable diligence or care to comply
            • He is confronted by an emergency not due to his own misconduct
            • Compliance would involve a greater risk of harm to the actor or to others
      • Industry & Personal Custom
        • Industry & Personal custom while relevant will never change of dictate the standard of care for negligence
      • Res Ipsa Loquitur
        • The nature of the accident suggests that it was probably due to negligence
        • The defendant had exclusive control over whatever caused the accident
        • Plaintiff lacks direct evidence of the event relative to the information available to the defendant
      • Recklessness
        • A person acts with recklessness in engaging in conduct if
          • The person knows of the risk of harm created by conduct
          • The precaution that would eliminate or reduce the risk involves burdens so slight
          • The person’s failure to adopt the precaution is a demonstration of their indifference to the risk.
    • Actual Cause "but-for"
      • But-for test: the harm to the plaintiff would not have occurred but for the defendant’s negligence
      • But-for cause is not a search for a lone cause
      • Focuses on whether the defendant’s act or omission of negligence is one of the essential links in the chain of causation that led to the harm
    • Multiple Sufficient Independent Causes
      • Each of the defendant’s conduct separate from the other was sufficient to have caused the harm for which the plaintiff seeks recovery.
    • Alternative Liability Doctrine
      • There be more than one tortfeasor
      • All tortfeasors are engaged in similar conduct
      • Plaintiff was injured as a result of the actions of one of the tortfeasors
      • Plaintiff names all of the tortfeasors to the action
    • Proximate Cause
      • The cause of an injury which is a natural and continuous sequence unbroken by any efficient intervening cause tied to the negligent conduct of the defendant
      • Direct Cause:
        • Defendant is subject to liability for those consequences that are a direct result of the Defendant’s tortious conduct, whether or not foreseeable
      • Foreseeability:
        • The type of harm must be foreseeable when linked to the type of negligence of the defendant’s actions.
      • Superseding vs. Intervening Causes
        • Superseding
          • Defendant is not liable
          • Breaks the chain of causation
          • Type of harm is unforeseeable
          • Has no relation to the negligence at hand
        • Intervening
          • Defendant is liable
          • Does not break the chain of causation
          • Type of harm is foreseeable
          • Has a relation to the negligence at hand

    Damages

    • Special Economic Damages
      • Economic harms caused by the Defendant's misconduct
        • Lost wages/earning capacity
        • Medical expenses (past and future related to injury)
        • Property repairs or lost FMV of property
    • General Noneconomic Damages
      • Injuries for which there is no market value
        • Pain and suffering
        • Emotional anguish/mental distress
        • Disfigurement/ physical impairment or disability
        • Loss of reputation
        • Loss of spousal or parental consortium
    • Wrongful Death Statute
      • Designed to compensate for what the decedent's family endured after death i.e. loss of consortium
    • Survival Statute
      • Claim survives for the benefit of the Estate
      • Damages the victim incurred up until their death
    • Limitations on Actual Damages
      • Doctrine of failure to mitigate damages
        • Imposes a post-tort duty on the plaintiff to exercise reasonable care to treat or lessen the ultimate harm the plaintiff suffers and for which the plaintiff can expect to receive compensation from the tortfeasor
      • Collateral Source Rule
        • Declares that the plaintiff's receipt of benefits from someone other than the tortfeasor (i.e. insurance) to help pay or reimburse the plaintiff for some of their losses should not work to lessen the tortfeasor’s liability for all the harm caused
      • Seat Belt Defense (a matter of comparative fault)

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Torts Outline PDF

    Description

    Test your understanding of intentional torts including assault, battery, and false imprisonment. This quiz explores the legal definitions, elements, and implications of various intentional torts and their applications in real-life situations. Enhance your grasp of tort law principles with this challenging assessment.

    More Like This

    Intentional Torts - Types and Elements
    6 questions
    Law Chapter 4: Intentional Torts
    11 questions
    Intentional Torts and Assault
    41 questions
    Use Quizgecko on...
    Browser
    Browser