Tort Law

Generally, there is no legal duty to act for the benefit of another unless specific exceptions apply.

The Learned-Hand Formula is a method for determining whether a breach of duty occurred by weighing the burden of taking precautions against the probability and severity of harm.

A landowner can be held liable if they fail to take reasonable steps to protect invitees from foreseeable criminal activity on their premises.

<p>To establish proximate cause, there must be a foreseeable risk of harm that connects the defendant's actions to the plaintiff's injury.</p> Signup and view all the answers

<p>Contributory negligence is when the plaintiff's own negligence contributes to their injury, potentially barring recovery in some jurisdictions.</p> Signup and view all the answers

<p>The Tarasoff Doctrine establishes that mental health professionals have a duty to warn individuals if a patient poses a credible threat to them.</p> Signup and view all the answers

<p>Assumption of risk occurs when a plaintiff knowingly engages in an activity that involves a risk, thereby limiting the defendant's liability.</p> Signup and view all the answers

<p>The 'but-for' test determines that but for the defendant's actions, the plaintiff's harm would not have occurred, establishing actual cause.</p> Signup and view all the answers

<p>Non-economic damages include emotional distress and loss of enjoyment of life.</p> Signup and view all the answers

<p>The primary goal of compensatory damages is to make the injured party whole again, equivalent to their losses.</p> Signup and view all the answers

<p>Punitive damages are awarded when a defendant's conduct shows a higher degree of culpability above negligence.</p> Signup and view all the answers

<p>No, punitive damages cannot be paid by insurance.</p> Signup and view all the answers

<p>Contributory negligence is a legal doctrine that prevents a plaintiff from recovering damages if they are found to be at fault.</p> Signup and view all the answers

<p>Comparative fault allows a plaintiff to recover damages, reduced by their percentage of fault, unlike contributory negligence which prevents recovery if the plaintiff is at all at fault.</p> Signup and view all the answers

<p>Punitive damages can be sought in cases involving gross negligence or intentional torts.</p> Signup and view all the answers

<p>Public necessity is a complete privilege that allows a defendant to damage a plaintiff's property to prevent imminent public disaster.</p> Signup and view all the answers

<p>In pure comparative fault, a plaintiff can recover damages regardless of their percentage of fault, as long as they are not 100% liable.</p> Signup and view all the answers

<p>In Modified A, recovery is possible if the plaintiff is less than 50% at fault; in Modified B, recovery is possible if at fault is 50% or less.</p> Signup and view all the answers

<p>In trespass to land cases, compensatory, punitive, and nominal damages can be sought.</p> Signup and view all the answers

<p>No, strict liability cases can only seek compensatory damages.</p> Signup and view all the answers

<p>An intentional tort occurs when a defendant acts with the intention to cause harm or with knowledge that harm is likely.</p> Signup and view all the answers

<p>A defendant must show that the action was needed to avoid serious harm to the public and was reasonable.</p> Signup and view all the answers

<p>Invitee, Licensee, and Trespasser.</p> Signup and view all the answers

<p>The landowner must know children are likely to trespass and that the condition poses an unreasonable risk of harm.</p> Signup and view all the answers

<p>The landowner owes a duty to protect invitees from foreseeable harm.</p> Signup and view all the answers

<p>If someone attempts to aid a person in peril, they have a duty to exercise reasonable care.</p> Signup and view all the answers

<p>Manufacturers must ensure their products are safe for all users, not just the initial buyer.</p> Signup and view all the answers

<p>A therapist must take reasonable precautions to warn third parties if they learn of a credible threat.</p> Signup and view all the answers

<p>Menlove failed to remove a fire risk after being warned, which constituted a breach of duty.</p> Signup and view all the answers

<p>The formula is represented as B &lt; PL, indicating negligence if the burden of precautions is less than the probability of harm multiplied by the potential harm's severity.</p> Signup and view all the answers

<p>The breach was due to the lack of new safety technology, which was expected to be implemented despite not being custom.</p> Signup and view all the answers

<p>By demonstrating that an accepted practice or custom was ignored, leading to injuries.</p> Signup and view all the answers

<p>It implies that harm could not have occurred without a breach of duty.</p> Signup and view all the answers

<p>It determines if a landowner owes a duty only if they knew or should have known of a specific harm occurring.</p> Signup and view all the answers

<p>A landowner may owe a duty if previous similar incidents have occurred in the area.</p> Signup and view all the answers

<p>It examines all relevant factors to assess the landowner's duty of care.</p> Signup and view all the answers

<p>It implies that the occurrence of the accident itself is enough to infer negligence.</p> Signup and view all the answers

<p>It established that breaking a safety law constitutes negligence per se.</p> Signup and view all the answers

<p>It asserts that if the plaintiff's injuries would not have occurred but for the defendant's actions, causation is established.</p> Signup and view all the answers

<p>The court ruled that the defendant’s actions could be considered a substantial factor in the plaintiff's injury without needing separate dissection of causes.</p> Signup and view all the answers

<p>It refers to the situation where two tortfeasors can be held jointly liable even when it's unclear who caused the injury.</p> Signup and view all the answers

<p>This rule states that if a plaintiff is harmed by multiple parties almost simultaneously, those parties must prove that damages can be apportioned.</p> Signup and view all the answers

<p>The court held that all manufacturers of an identical product can be held liable in proportion to their market share at the time of injury.</p> Signup and view all the answers

<p>It requires establishing actual cause, foreseeability, and public policy considerations to limit liability.</p> Signup and view all the answers

<p>It refers to the loss or impairment of the intangible benefits of a relationship due to a tortious act.</p> Signup and view all the answers

<p>They are wrongful death, personal injury, and property damage.</p> Signup and view all the answers

<p>Economic damages have a tangible monetary value, such as medical expenses, while noneconomic damages include intangible losses like pain and suffering.</p> Signup and view all the answers

<p>The court found the bank liable for negligence due to their failure to fix the known broken step.</p> Signup and view all the answers

<p>It established that an intervening act does not sever the link between negligence and resulting harm if it is foreseeable and a substantial factor.</p> Signup and view all the answers

<p>It allows a person to enter or remain on another's land if necessary to prevent serious harm.</p> Signup and view all the answers

<p>It allows courts to attribute liability without a precise determination of which defendant's actions were the sole cause of harm.</p> Signup and view all the answers

<p>Self-defense is justified when the actor reasonably believes someone is about to inflict harm and that they are in peril of death or serious bodily harm.</p> Signup and view all the answers

<p>Battery requires intentional harmful or offensive contact with another person, resulting in that contact.</p> Signup and view all the answers

<p>Assault is the cause of apprehension of imminent harmful contact, whereas battery involves actual harmful contact.</p> Signup and view all the answers

<p>Transferred intent holds a tortfeasor liable if they intended to harm one person but harmed another instead.</p> Signup and view all the answers

<p>Compensatory damages can be recovered in cases of private necessity where harm was prevented but property was damaged.</p> Signup and view all the answers

<p>Single-purpose intent requires intent to perform the act itself, while dual-purpose intent requires intent for both the act and the harmful/offensive outcome.</p> Signup and view all the answers

<p>False imprisonment requires intentional confinement of an individual to a bounded area, with the person being aware of the confinement.</p> Signup and view all the answers

<p>IIED involves extreme and outrageous conduct intentionally or recklessly causing severe emotional distress to another.</p> Signup and view all the answers

<p>Necessity allows a person to engage in conduct that would otherwise constitute a tort to prevent greater harm.</p> Signup and view all the answers

<p>Actual cause determines whether the defendant's actions were the direct cause of the plaintiff's injury, usually evaluated by the 'but-for' or 'substantial factor' tests.</p> Signup and view all the answers

<p>No, punitive damages cannot be sought in cases of private necessity; only compensatory damages are allowed.</p> Signup and view all the answers

<p>The actor is liable for the harm caused to the unintended victim under the doctrine of transferred intent.</p> Signup and view all the answers

<p>Consent allows an actor to avoid liability for an intentional tort if the plaintiff permitted or agreed to the conduct.</p> Signup and view all the answers

<p>Intention defines the actor's purpose behind their actions, significantly impacting liability and the applicable legal standard.</p> Signup and view all the answers

<p>The five criteria are explicitness, comprehensibility, clarity, conspicuousness, and means used to warn.</p> Signup and view all the answers

<p>A plaintiff cannot recover if the only damage is to the product itself, resulting in purely economic harm.</p> Signup and view all the answers

<p>A manufacturer must ensure that the end user is aware of the dangerousness of the product.</p> Signup and view all the answers

<p>Trespass to land occurs when one intentionally enters another's land or remains there without permission.</p> Signup and view all the answers

<ol> <li>Ownership or lawful rights to possess real property, 2) intentional entry by DEF, 3) caused damage, 4) negligence is not required.</li> </ol> Signup and view all the answers

<p>Trespass to land is considered both an intentional tort and a strict liability tort, focusing on the act of entry rather than negligence.</p> Signup and view all the answers

<p>The court held that a person cannot use deadly force to protect property unless there's a threat to personal safety.</p> Signup and view all the answers

<p>Public nuisance involves interference with a right common to the general public, while private nuisance affects an individual's use and enjoyment of their property.</p> Signup and view all the answers

<p>The Gravity of Harm Test and the Utility of the Conduct Test are used to establish causation.</p> Signup and view all the answers

<p>Trespass signifies an unlawful intrusion onto another's property, violating the right to exclude others.</p> Signup and view all the answers

<p>Plaintiffs may seek compensatory damages and possibly punitive damages for nuisance claims.</p> Signup and view all the answers

<p>The plaintiff must prove that the interference with their property use is substantial and unreasonable.</p> Signup and view all the answers

<p>Creel was found guilty of trespassing and ordered to pay damages, while Lovelady was also held liable for failing to disclose land ownership.</p> Signup and view all the answers

<p>A product has an inadequate warning if it fails to be explicit, comprehensible, clear, conspicuous, or effectively communicated.</p> Signup and view all the answers

<p>The actor may be liable if the distress is caused to a member of the victim's immediate family present at the time, or to any other bystander present, if it results in bodily harm.</p> Signup and view all the answers

<p>Trespass to chattels involves intentionally dispossessing another of a chattel or intermeddling with a chattel in someone else's possession.</p> Signup and view all the answers

<p>Trespass to chattels involves minor interferences, while conversion is an intentional dominion or control exercise that seriously interferes with another's right to control the chattel.</p> Signup and view all the answers

<p>One may enter another's land to prevent serious harm to themselves, their chattels, the other person, or their chattels unless they know of the owner's unwillingness.</p> Signup and view all the answers

<p>Considerations include the risk of harm, likelihood of severe harm, inability to reduce risk via care, and the appropriateness of the activity's location.</p> Signup and view all the answers

<p>The criteria are: closeness to the victim, contemporaneous sensory perception of the event, substantial injuries to the victim, and the bystander experiencing serious emotional distress.</p> Signup and view all the answers

<p>Wild animals are not typically domesticated, while domestic animals that have known dangerous propensities may also invoke strict liability regardless of caretaking efforts.</p> Signup and view all the answers

<p>Actual cause is established using either the But-For Test or the Substantial Factor Test.</p> Signup and view all the answers

<p>Claims can arise from manufacturing defects, design defects, or inadequate warnings on a product.</p> Signup and view all the answers

<p>Proximate cause involves the foreseeability of the harm resulting from the defendant's actions and public policy considerations that may limit liability.</p> Signup and view all the answers

<p>Only compensatory damages are recoverable under strict liability; punitive damages are not allowed.</p> Signup and view all the answers

<p>Rest. 2d § 222(a) defines conversion as an intentional exercise of dominion or control over a chattel that seriously interferes with another's control rights.</p> Signup and view all the answers

<p>The consumer expectation test evaluates whether a product fails to meet the ordinary expectations of an average consumer regarding safety.</p> Signup and view all the answers

<p>Two affirmative defenses are assumption of risk and comparative fault.</p> Signup and view all the answers

<p>The individual must show harm of a kind different from that suffered by the general public exercising the same right.</p> Signup and view all the answers

<p>A private nuisance is a non-trespassory invasion of another's interest in the private use and enjoyment of land.</p> Signup and view all the answers

<p>The test evaluates the extent and character of the harm, social value attached to the use, locality suitability, and burden of avoidance on the harmed person.</p> Signup and view all the answers

<p>It considers the social value of the conduct's primary purpose, its suitability to the locality, and the impracticability of preventing the invasion.</p> Signup and view all the answers

<p>The court awarded 1.5 million in damages to Whalen and granted an injunction unless the defendant compensated for economic losses.</p> Signup and view all the answers

<p>The court ruled that if nuisance damages are significantly less than the economic benefit, the defendant should face permanent damages instead of an injunction.</p> Signup and view all the answers

<p>An individual must appropriate another's name or likeness for their own use or benefit.</p> Signup and view all the answers

<p>The court held that theories of trespass and nuisance may apply concurrently and they cut off liability for the defendant.</p> Signup and view all the answers

<p>The publicity must be highly offensive to a reasonable person and not of legitimate public concern.</p> Signup and view all the answers

<ol> <li>Publicity concerning private life; 2. Offensive to a reasonable person; 3. Not of legitimate public concern.</li> </ol> Signup and view all the answers

<p>It refers to intentional intrusion on the solitude or private affairs of another that would be highly offensive to a reasonable person.</p> Signup and view all the answers

<p>STENGART v. LOVING CARE AGENCY, INC. evaluates an employee's right to privacy during personal email use on a company laptop.</p> Signup and view all the answers

<p>It established that private facts must not be public records to succeed in a false light or publicity claim.</p> Signup and view all the answers

<ol> <li>Publicity must place the person in a false light; 2. The false light must be highly offensive to a reasonable person.</li> </ol> Signup and view all the answers

<p>They focus on the extent of harm, character of the harm, social value of the use, locality character, and burden of avoidance.</p> Signup and view all the answers

<p>A private nuisance is deemed unreasonable if it substantially interferes with the use and enjoyment of the plaintiff's land.</p> Signup and view all the answers

<p>The plaintiff only needs to show negligence to support the action for false light against a media entity.</p> Signup and view all the answers

<p>The defense of newsworthiness allows truthful public information to be published without infringing on privacy.</p> Signup and view all the answers

<p>Public nuisance affects the community as a whole, while private nuisance specifically disrupts an individual's enjoyment of their property.</p> Signup and view all the answers

<p>It aims to protect individuals from unauthorized commercial exploitation of their identity.</p> Signup and view all the answers

<p>The 'but-for' test determines if the harm would not have occurred but for the defendant's actions.</p> Signup and view all the answers

<p>Consent implies that the individual agreed to the intrusion, negating liability for the defendant in privacy torts.</p> Signup and view all the answers

<p>False light focuses on the perception of being placed in a false light, regardless of the truth, while defamation centers on false statements harming reputation.</p> Signup and view all the answers

<p>A standard that evaluates whether a reasonable person would find the published information deeply distressing or shocking.</p> Signup and view all the answers

<p>It involves an unreasonable intrusion into a person's private affairs that would be highly offensive to a reasonable person.</p> Signup and view all the answers

<p>Victims typically seek compensatory damages to recover losses suffered due to the tortious act.</p> Signup and view all the answers

<p>To provide a remedy for civil wrongs, ensuring compensation, deterrence, and fairness.</p> Signup and view all the answers

<p>A seller is liable for physical harm caused by a defective product if they are engaged in selling such a product and it reaches the user without substantial change.</p> Signup and view all the answers

<p>The court held that a seller is responsible for injuries caused by a defective product, irrespective of when or how the defect was introduced in the manufacturing chain.</p> Signup and view all the answers

<p>The court found that a manufacturer incurs absolute liability for defects in a product that is intended to be used without inspection, if it causes injury.</p> Signup and view all the answers

<p>The doctrine states that if there is an open and obvious risk associated with a product intended for adults, it does not require childproofing.</p> Signup and view all the answers

<p>A manufacturing defect occurs when a product departs from its intended design, affecting even a single item in a production batch.</p> Signup and view all the answers

<p>The court determined that if a plaintiff can prove a product is dangerous by design, the creator is liable for injuries caused by that design.</p> Signup and view all the answers

<p>A plaintiff must prove that a safer alternative exists and that the risks of the product outweigh its utility.</p> Signup and view all the answers

<p>A plaintiff must show that the product did not meet reasonable customer expectations and that its defective design was a substantial factor in causing harm.</p> Signup and view all the answers

<p>The issue was whether Faberge adequately warned users about the dangers of their product, specifically if the warnings were noticeable enough.</p> Signup and view all the answers

<p>It states that a seller can be liable for harm caused by a defective product even if the user did not purchase it directly from them.</p> Signup and view all the answers

<p>A design defect occurs when all products share a dangerous characteristic arising from their design.</p> Signup and view all the answers

<p>The Risk-Utility Test evaluates whether the benefits of a product outweigh its inherent risks, requiring an expert to discuss alternatives.</p> Signup and view all the answers

<p>The ruling indicated that products with open and obvious risks do not need to be childproof, which recognizes user responsibilities.</p> Signup and view all the answers

<p>Absolute liability is based on the premise that manufacturers are responsible for any defects in products they place on the market that are used without inspection.</p> Signup and view all the answers

<p>Negligence per se holds a defendant liable for negligence if they have violated a safety law or regulation.</p> Signup and view all the answers

<p>The breach involved using a regular glass shower door instead of safety glass, which is the industry custom.</p> Signup and view all the answers

<p>The significance lies in the fact that children performing adult activities, like snowmobiling, are held to adult standards of negligence.</p> Signup and view all the answers

<p>Circumstantial evidence, such as the state of the grapes on the floor, can support a plaintiff's claim and survive dismissal.</p> Signup and view all the answers

<p>The 'but-for' test is used, which states that the injury would not have occurred but for the defendant's conduct.</p> Signup and view all the answers

<p>The substantial factor test is used to determine if any of the defendants contributed significantly to the harm when multiple forces are involved.</p> Signup and view all the answers

<p>Actual cause was established through reasonable inference, as the bank was aware of the broken step and neglected to repair it.</p> Signup and view all the answers

<p>The principle of alternative liability, where two independent tortfeasors can be held jointly liable if it's unclear which caused the injury.</p> Signup and view all the answers

<p>It requires defendants to prove that injuries from multiple tortfeasors can be apportioned if the plaintiff is harmed almost simultaneously.</p> Signup and view all the answers

<p>Market share liability holds all manufacturers of a harmful product liable in proportion to their market share at the time of the injury.</p> Signup and view all the answers

<p>A defendant does not owe a duty of care if the plaintiff is not within the zone of reasonably foreseeable harm resulting from their actions.</p> Signup and view all the answers

<ol> <li>Proved actual cause, 2) Reasonable foreseeability of harm, 3) Relevant public policy that limits liability.</li> </ol> Signup and view all the answers

<p>The objective is to compensate victims and encourage safe conduct while ensuring the legal process is efficient and fair.</p> Signup and view all the answers

<p>A person has a duty to assist if they created the risk of harm.</p> Signup and view all the answers

<p>It removed the distinction of status on land, imposing a general duty of care on landowners to act reasonably to prevent injury.</p> Signup and view all the answers

<p>It applies when a child is attracted to an artificial condition on land that poses an unreasonable risk of harm.</p> Signup and view all the answers

<p>The duty is based on the Specific Harm Test, Prior Similar Incidents, Totality of the Circumstances, and the Balancing Test.</p> Signup and view all the answers

<p>If someone volunteers to aid another in peril, they must exercise reasonable care in the assistance provided.</p> Signup and view all the answers

<p>Manufacturers have a duty to ensure products are safe for anyone who might foreseeably use them, not just the initial purchaser.</p> Signup and view all the answers

<p>Therapists must take reasonable steps to warn potential victims when they learn about a patient's intent to harm.</p> Signup and view all the answers

<p>It determines whether a person's actions meet the standard of reasonable care by comparing the burden of taking precautions to the probability and likely harm of an accident.</p> Signup and view all the answers

<p>It allows negligence to be inferred from the very nature of the accident, suggesting that it could not have occurred without someone's breach of duty.</p> Signup and view all the answers

<p>It argues that even if a safety measure wasn't commonly practiced, the defendant should have implemented it if it was available and improved safety.</p> Signup and view all the answers

<p>An invitee is owed a higher duty of care, including a duty to warn of known dangers, while a trespasser is only protected from willful harm.</p> Signup and view all the answers

<p>If the landowner should have known that children were likely to trespass and the artificial condition posed a risk they could not understand.</p> Signup and view all the answers

<p>It requires the court to consider all contextual factors when determining if the landowner should have anticipated and prevented criminal conduct.</p> Signup and view all the answers

<p>Negligence per se refers to an act that is negligent because it violates a statute or regulation designed to protect safety.</p> Signup and view all the answers

<p>In pure comparative fault, the plaintiff can recover damages unless they are 100% at fault, while in modified comparative fault, recovery is barred if the plaintiff reaches a threshold of fault, either 50% or 51%, depending on the jurisdiction.</p> Signup and view all the answers

<p>The public necessity doctrine allows a defendant to damage a plaintiff's property without liability if it was done under the belief that it would avert imminent public disaster, thus completely barring recovery for the plaintiff.</p> Signup and view all the answers

<p>The defendant must show that their actions were necessary to avoid serious harm to the public, were based on reasonable belief, and that the actions taken were a reasonable response to that need.</p> Signup and view all the answers

<p>In Jurisdiction A, a plaintiff can recover if they are less than 50% responsible, while in Jurisdiction B, a plaintiff can recover if they are 50% or less at fault.</p> Signup and view all the answers

<p>The defendant must have acted under a reasonable belief of imminent danger, the right to confine to prevent harm lasts only as long as necessary, and the least restrictive means must be used.</p> Signup and view all the answers

<p>Public necessity is a complete privilege where plaintiffs cannot recover for damages, while private necessity is a qualified privilege, allowing plaintiffs to recover damages to their property.</p> Signup and view all the answers

<p>In pure comparative fault, a plaintiff's recoverable damages are reduced by their percentage of fault; if they are 30% at fault, they recover 70% of their damages.</p> Signup and view all the answers

<p>The Necessity Doctrine typically does not serve as a defense in cases of products liability.</p> Signup and view all the answers

<p>If a plaintiff's comparative fault reaches 50% or more in Jurisdiction A, they lose the ability to recover damages entirely.</p> Signup and view all the answers

<p>Section §196 grants a complete privilege under public necessity, while §197 outlines a qualified privilege under private necessity, allowing for property damage recovery.</p> Signup and view all the answers

<p>Compensatory damages aim to make the injured party whole again, while punitive damages are intended to punish the wrongdoer and deter future misconduct.</p> Signup and view all the answers

<p>Loss of consortium may be claimed when a tortfeasor's actions result in the loss or impairment of the intangible benefits of a relationship.</p> Signup and view all the answers

<p>Economic damages include quantifiable losses like medical expenses and lost wages, while non-economic damages cover subjective losses such as pain and suffering or emotional distress.</p> Signup and view all the answers

<p>Remittitur is the judicial process of reducing an excessive jury award, applied when the court believes 'no reasonable jury' would award that amount.</p> Signup and view all the answers

<p>Affirmative defenses, if proven, can eliminate or reduce liability for a defendant in tort claims.</p> Signup and view all the answers

<p>Contributory negligence can prevent a plaintiff from recovering any damages if they are found to be even partially at fault for their injury.</p> Signup and view all the answers

<p>While compensatory damages are awarded for actual losses suffered due to the tort, punitive damages are imposed to punish the tortfeasor for egregious conduct.</p> Signup and view all the answers

<p>The case held that loss of enjoyment of life is considered part of pain and suffering, allowing recovery even if the plaintiff was not actively aware of their loss.</p> Signup and view all the answers

<p>Comparative fault allows damages to be allocated based on each party's share of fault, meaning a partially responsible plaintiff can still recover, though at a reduced amount.</p> Signup and view all the answers

<p>Punitive damages may be awarded when a defendant's conduct is found to be particularly egregious, demonstrating a higher degree of culpability than mere negligence.</p> Signup and view all the answers

<p>In negligence cases, punitive damages are not permitted, and only compensatory damages can be pursued.</p> Signup and view all the answers

<p>Additur allows a judge to increase the amount of damages awarded if it is deemed too low by judicial standards.</p> Signup and view all the answers

<p>In a wrongful-death action, a plaintiff can seek damages for loss of society, comfort, care, and protection from the decedent.</p> Signup and view all the answers

<p>Loss of consortium is based on the principle that intimate relationships provide inherent benefits that can be adversely affected by a tortious act.</p> Signup and view all the answers