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Questions and Answers
What must the owner of a property reasonably realize regarding the artificial condition?
What defines a licensee in the context of property entry?
Which of the following best describes the duty owed by a landowner to an invitee?
In the learned hand formula, what does the burden represent?
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What should be the responsibility of the property owner concerning children and known dangers?
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What does the term 'foreseeable risk' imply regarding a landowner's duty?
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Which of the following statements about the responsibilities of landowners towards invitees is true?
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What happens when the burden is less than $P*L$ in a negligence case?
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Which of the following must be proven by the plaintiff in a negligence per se claim?
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What must a landowner do when they are aware of a dangerous condition that a licensee does not know about?
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Which of the following is NOT a valid excuse for violating a statute in negligence per se?
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In the context of negligence per se, a statute must be intended to protect which group?
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How does industry and personal custom affect the standard of care in negligence cases?
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What does the concept of Res Ipsa Loquitur imply in negligence cases?
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What is the significance of exclusive control in Res Ipsa Loquitur?
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If an individual neither knows nor should know of the need to comply with a statute, what principle applies?
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What is a requirement for a threat to be considered imminent?
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Which of the following describes the Transfer of Intent Doctrine?
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What must occur for false imprisonment to be established?
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What does 'shopkeeper's privilege' entail?
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Which of the following statements about trespass is true?
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What is a critical factor in determining conversion?
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Which behavior qualifies as intentional infliction of emotional distress?
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Which statement about chattel is correct?
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What establishes recklessness in a person's conduct?
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What does the 'but-for' test determine in negligence cases?
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In the context of multiple sufficient independent causes, what is true?
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What is required for a proximate cause to exist?
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What does foreseeability imply in the context of negligence?
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Which of the following is NOT required under the alternative liability doctrine?
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What does direct cause refer to in terms of liability?
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Which statement best describes the characteristics of an intervening cause?
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What is the main consequence of an intervening cause that does not break the chain of causation?
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Which of the following is considered a special economic damage?
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What does a wrongful death statute primarily aim to compensate for?
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Which of the following best describes the doctrine of failure to mitigate damages?
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How does the collateral source rule affect a plaintiff's compensation?
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Which of the following is an example of general noneconomic damages?
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What is characterized by the seat belt defense in the context of tort law?
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In relation to damages for wrongful death, what does a survival statute allow?
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Study Notes
Intentional Torts
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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
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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
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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
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Trespass
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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
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Chattel
- Dispossessing the plaintiff of the chattel
- Using or intermeddling with the plaintiff’s chattel (and thereby damaging the chattel or harming the plaintiff)
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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
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Land
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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
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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
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Trespassers
- Duty to refrain from intentional misconduct
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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
-
Trespassers
-
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
- Burden < Probability * Loss
- 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
- Prima facie claim
- 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.
- A person acts with recklessness in engaging in conduct if
- Learned Hand Formula
-
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
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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.
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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
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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
- Superseding
Damages
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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
- Economic harms caused by the Defendant's misconduct
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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
- Injuries for which there is no market value
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Wrongful Death Statute
- Designed to compensate for what the decedent's family endured after death i.e. loss of consortium
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Survival Statute
- Claim survives for the benefit of the Estate
- Damages the victim incurred up until their death
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Limitations on Actual Damages
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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
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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)
-
Doctrine of failure to mitigate damages
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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.
