Tort Law Principles

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

The Learned-Hand Formula assesses breach by comparing the burden of taking precautions to the likelihood and severity of harm that may occur.

The But-For Test is used to establish actual causation in negligence claims.

<p>Proximate cause is defined by foreseeability of risk and public policy considerations that may limit liability.</p> Signup and view all the answers

<p>A landowner may have the duty to protect an invitee from criminal activity if the landowner is aware of potential dangers.</p> Signup and view all the answers

<p>Compensatory damages are intended to reimburse the plaintiff for losses, while punitive damages are meant to punish the defendant for egregious misconduct.</p> Signup and view all the answers

<p>The Necessity Doctrine allows individuals to engage in conduct that would otherwise be considered negligent if it was necessary to prevent greater harm.</p> Signup and view all the answers

<p>The Tarasoff Doctrine imposes a duty on professionals, like therapists, to warn third parties if a client poses a serious threat.</p> Signup and view all the answers

<p>A reasonable expectation of privacy exists if the intrusion would be highly offensive to a reasonable person.</p> Signup and view all the answers

<p>The defendant must have given publicity to a matter concerning the plaintiff's private life, it must be highly offensive, and not of legitimate public concern.</p> Signup and view all the answers

<p>The court ruled that since the published facts were public records, there was no liability for publicity given to private life.</p> Signup and view all the answers

<p>The claim requires publicity of a matter that places another in a false light, which would be highly offensive and done with knowledge of its falsity or reckless disregard for the truth.</p> Signup and view all the answers

<p>The court held that a plaintiff only needs to show negligence to support a false light claim against a media defendant.</p> Signup and view all the answers

<p>The newsworthiness privilege applies if the defendant was truthful and the facts published were used in a newsworthy article relevant to the industry.</p> Signup and view all the answers

<p>Publicity involves giving widespread awareness to a matter concerning someone's private life.</p> Signup and view all the answers

<p>The plaintiff must demonstrate that the false light presented was highly offensive to a reasonable person.</p> Signup and view all the answers

<p>Private facts must be such that a reasonable person would be deeply offended by their disclosure, unlike public records which do not have this requirement.</p> Signup and view all the answers

<p>It implies that the occurrence of the accident itself suggests negligence.</p> Signup and view all the answers

<p>A defendant is liable for negligence simply for violating a safety law or regulation.</p> Signup and view all the answers

<p>Consent ensures that the person's rights to privacy and control over their identity are respected in appropriations.</p> Signup and view all the answers

<p>Negligence was established through the 'but-for' causation test, indicating the injuries wouldn't have occurred but for the defendant's actions.</p> Signup and view all the answers

<p>It evaluates whether the defendant's actions were a significant factor contributing to the plaintiff's injuries.</p> Signup and view all the answers

<p>The bank was found negligent due to its knowledge of the broken step, which directly caused Ingersoll's injuries.</p> Signup and view all the answers

<p>It holds that when multiple defendants are involved and it’s unclear who caused the harm, they can be held jointly liable.</p> Signup and view all the answers

<p>It states that defendants must prove that a plaintiff's damages can be divided if harmed by multiple tortfeasors simultaneously.</p> Signup and view all the answers

<p>The court found that manufacturers can be held liable in proportion to their market share for harm caused by their product.</p> Signup and view all the answers

<p>The event must be reasonably foreseeable and a substantial factor in causing the harm.</p> Signup and view all the answers

<p>Wrongful death refers to damages claimed for the loss of a loved one due to another's negligence.</p> Signup and view all the answers

<p>Economic damages include measurable financial losses such as medical expenses and lost wages.</p> Signup and view all the answers

<p>It refers to the loss of companionship and support from a loved one due to injury or death.</p> Signup and view all the answers

<p>Non-economic damages are damages that include emotional distress, pain and suffering, loss of consortium, and loss of enjoyment of life.</p> Signup and view all the answers

<p>Compensatory damages aim to make the injured party whole again, compensating them for their losses as if the accident never occurred.</p> Signup and view all the answers

<p>It assesses if an act was a proven cause, foreseeable, and aligns with public policy to determine liability.</p> Signup and view all the answers

<p>It determines if the injury would not have occurred 'but for' the defendant's actions.</p> Signup and view all the answers

<p>Punitive damages are awarded to punish a defendant for reprehensible conduct and deter future misconduct, usually in cases of intentional wrongdoing or gross negligence.</p> Signup and view all the answers

<p>Punitive damages are unavailable in cases of strict liability or strict products liability.</p> Signup and view all the answers

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

<p>Contributory negligence bars recovery if the plaintiff is at all at fault, while comparative fault allows for recovery that is reduced based on the plaintiff's degree of fault.</p> Signup and view all the answers

<p>The three types of comparative fault are pure comparative fault, modified comparative fault jurisdiction A, and modified comparative fault jurisdiction B.</p> Signup and view all the answers

<p>Public necessity is a complete privilege allowing a party to damage another's property if done to avert an imminent public disaster.</p> Signup and view all the answers

<p>The defendant must demonstrate that public rather than private interests are involved and that their actions were a reasonable response to an immediate public need.</p> Signup and view all the answers

<p>Nominal damages may be awarded in cases where a party’s rights were violated but no actual harm or loss occurred.</p> Signup and view all the answers

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

<p>Punitive damages are meant to punish wrongdoing and deter future misconduct, thus they are not insurable risk.</p> Signup and view all the answers

<p>Modified comparative fault jurisdiction A allows recovery if the plaintiff is less than 50% at fault, while jurisdiction B allows recovery only if the plaintiff is 50% or less at fault.</p> Signup and view all the answers

<p>Comparative fault can be a defense in negligence claims, intentional torts, negligence per se, strict liability, or strict products liability.</p> Signup and view all the answers

<p>The four elements are: likelihood of children trespassing, unreasonable risk of harm, inability of children to recognize the risk, and the burden of eliminating the danger is small compared to the risk.</p> Signup and view all the answers

<p>Private necessity involves a qualified privilege where plaintiffs can recover damages, while public necessity allows for the destruction of property without liability to prevent broader harm.</p> Signup and view all the answers

<p>The Totality of the Circumstances Test requires the court to consider all circumstances surrounding a case to determine the landowner's duty of care.</p> Signup and view all the answers

<p>The Learned Hand Formula assesses whether the burden of taking precautions (B) is less than the probability of injury (P) multiplied by the likely harm (L), represented by B &lt; PL.</p> Signup and view all the answers

<p>An actor is justified in using deadly force when they reasonably believe that another is about to inflict serious bodily harm or death upon them.</p> Signup and view all the answers

<p>Landowners owe invitees the duty to prevent traps, exercise reasonable care, and warn of known dangerous conditions.</p> Signup and view all the answers

<p>Single-Purpose Intent requires that a tortfeasor acts with the intention to cause a particular harmful result, without needing the actual harm to occur.</p> Signup and view all the answers

<p>The Tarasoff Doctrine mandates that if a therapist learns about a patient's intent to harm a third party, they must take reasonable precautions to warn the potential victim.</p> Signup and view all the answers

<p>Assault is the intentional act causing apprehension of imminent harmful contact, while battery involves actual harmful or offensive contact with another person.</p> Signup and view all the answers

<p>A claim of false imprisonment requires proving intentional confinement of an individual within fixed boundaries, causing the individual to be aware of the confinement.</p> Signup and view all the answers

<p>A breach of duty occurs if the defendant fails to meet the standard of care that a reasonably prudent person would have exercised in similar circumstances.</p> Signup and view all the answers

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

<p>Manufacturers have a responsibility to ensure the safety of their products for all potential users, not just the initial buyer.</p> Signup and view all the answers

<p>The Necessity Doctrine includes only compensatory damages and excludes punitive damages.</p> Signup and view all the answers

<p>To establish negligence under Res Ipsa Loquitur, it must be shown that the harm could not have occurred without someone's breach of duty.</p> Signup and view all the answers

<p>The State of the Art Doctrine is applied to argue that even if a safety feature was not customarily used, the defendant should have implemented it due to advancements in safety technology.</p> Signup and view all the answers

<p>Dual-Purpose Intent requires a tortfeasor to both intend to make contact and intend that such contact is harmful or offensive.</p> Signup and view all the answers

<p>IIED can be established by showing that the actor engaged in extreme and outrageous conduct that intentionally or recklessly caused severe emotional distress.</p> Signup and view all the answers

<p>Landowners can be held liable for injuries to children if they fail to eliminate dangerous artificial conditions that could attract child trespassers.</p> Signup and view all the answers

<p>One test is the Specific Harm Test, which requires that a landowner must know or should have known that a specific harm was occurring or about to occur.</p> Signup and view all the answers

<p>The legal threshold for proving intent in torts includes demonstrating that the actor had a purpose or reason to bring about the harmful or offensive contact.</p> Signup and view all the answers

<p>The case establishes that if a person attempts to aid someone in peril, a duty to exercise reasonable care arises, especially if there is a special relationship.</p> Signup and view all the answers

<p>Imminent apprehension refers to the immediate fear or expectation of harmful or offensive contact that an individual feels due to another's actions.</p> Signup and view all the answers

<p>Compensatory damages are monetary awards given to a plaintiff to cover actual losses suffered due to the defendant's actions.</p> Signup and view all the answers

<p>A plaintiff can prove breach by showing that a customary standard or practice was ignored and that this departure caused their injuries.</p> Signup and view all the answers

<p>The Balancing Test weighs the foreseeability of harm against the burden of preventing that harm, guiding courts in determining liability.</p> Signup and view all the answers

<p>Liability for assault arises when an actor intentionally causes an apprehension of harmful contact that results in imminent fear in the other individual.</p> Signup and view all the answers

<p>It addresses seller liability for selling products that are defective and unreasonably dangerous to users.</p> Signup and view all the answers

<p>Welge was injured by a defective jar of peanuts, which led him to sue both Planters and K-Mart.</p> Signup and view all the answers

<p>It establishes absolute liability for manufacturers when a product with a defect causes injury, knowing it will be used without inspection.</p> Signup and view all the answers

<p>It states that products with open and obvious risks do not need to be childproof.</p> Signup and view all the answers

<p>A manufacturing defect occurs when a product deviates from its intended design in a way that makes it unsafe.</p> Signup and view all the answers

<p>A design defect occurs when all products of a particular design have the same dangerous characteristic.</p> Signup and view all the answers

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

<p>The plaintiff must show that the product did not meet reasonable customer expectations and that it caused harm.</p> Signup and view all the answers

<p>It relied on MacPherson v. Buick, emphasizing manufacturer responsibility for product safety.</p> Signup and view all the answers

<p>A manufacturer may be liable if they fail to provide clear warnings about product dangers.</p> Signup and view all the answers

<p>It means the product must arrive in the same condition as it was sold, without modifications.</p> Signup and view all the answers

<p>An expert is necessary to establish that a safer alternative design exists.</p> Signup and view all the answers

<p>The court ruled that the lighter did not need to be childproof due to its open and obvious risk.</p> Signup and view all the answers

<p>The product must be shown as unchanged from when it was sold.</p> Signup and view all the answers

<p>An actor can be held liable if they intentionally or recklessly cause severe emotional distress to a member of the person's immediate family present at the time, or to any other person present if such distress results in bodily harm.</p> Signup and view all the answers

<p>Trespass to chattels is committed by intentionally dispossessing another of the chattel or by using or intermeddling with a chattel in the possession of another.</p> Signup and view all the answers

<p>Conversion is the intentional exercise of dominion or control over a chattel that seriously interferes with another's right to control it, requiring full value compensation.</p> Signup and view all the answers

<p>A person may enter on another's land if it is necessary to prevent serious harm to themselves, their property, or someone else, unless they know the property owner is unwilling.</p> Signup and view all the answers

<p>The factors are (1) closeness to the injury victim, (2) contemporaneous sensory perception, (3) substantial injuries to the victim, and (4) serious emotional distress to the bystander.</p> Signup and view all the answers

<p>Strict liability is applicable in cases involving wild animals and abnormally dangerous activities.</p> Signup and view all the answers

<p>The factors include (1) high degree of risk, (2) likelihood of great harm, (3) inability to eliminate risk, (4) not common usage, (5) inappropriateness to the location, and (6) community value versus danger.</p> Signup and view all the answers

<p>A wild animal is one that is not by custom devoted to the service of mankind at the time and place in which it is kept.</p> Signup and view all the answers

<p>A possessor of a domestic animal is liable for harm if they know the animal has dangerous propensities abnormal to its class, even if they exercise utmost care.</p> Signup and view all the answers

<p>To establish strict products liability, one must identify the manufacturer or seller and prove defectiveness, which can be due to manufacturing defects, design defects, or inadequate warnings.</p> Signup and view all the answers

<p>Comparative fault involves comparing the negligence of both the plaintiff and defendant to determine the proportion of liability.</p> Signup and view all the answers

<p>The 'But-For' test establishes actual cause by determining whether the harm would have occurred but for the actor's actions.</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>'Assumption of risk' refers to a defense where the victim knowingly exposed themselves to a risk and therefore cannot recover for damages.</p> Signup and view all the answers

<p>Conduct must significantly interfere with public health, safety, peace, comfort, or convenience; be proscribed by law; or produce a lasting effect on public rights.</p> Signup and view all the answers

<p>One must suffer harm 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 right to reasonable use and enjoyment of their land.</p> Signup and view all the answers

<p>Factors include the extent and character of harm, social value of the use invaded, suitability to the locality, and burden on the person harmed.</p> Signup and view all the answers

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

<p>The court found that the plaintiff was entitled to an injunction or compensation for economic losses if a nuisance was established.</p> Signup and view all the answers

<p>If the damages from a nuisance are significantly less than the economic benefit of the conduct, permanent damages should be awarded instead of an injunction.</p> Signup and view all the answers

<p>It held that trespass and nuisance theories can apply concurrently and are not inconsistent.</p> Signup and view all the answers

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

<p>Affirmative defenses include assumption of risk and consent.</p> Signup and view all the answers

<p>Compensatory damages and punitive damages can be sought for harm caused by privacy violations.</p> Signup and view all the answers

<p>Newsworthiness provides a defense against claims of appropriation if the information is of legitimate public interest.</p> Signup and view all the answers

<p>Foreseeability helps ascertain whether the harm was a predictable result of the defendant's actions, affecting liability.</p> Signup and view all the answers

<p>The plaintiff must show that had there been an adequate warning, they would have acted differently.</p> Signup and view all the answers

<p>Explicitness, comprehensibility, clarity, conspicuousness, and means used to warn.</p> Signup and view all the answers

<p>The damages were purely economic harm to the product itself, not resulting in tort recovery.</p> Signup and view all the answers

<p>The manufacturer must ensure that the consumer is aware of the product's dangerousness.</p> Signup and view all the answers

<p>Trespass to land occurs when someone intentionally enters or remains on land in the possession of another.</p> Signup and view all the answers

<p>It is considered both an intentional tort and a strict liability tort.</p> Signup and view all the answers

<p>The plaintiff must prove ownership or lawful possession, the defendant's intentional entry, and that trespass caused damage.</p> Signup and view all the answers

<p>The court ruled that deadly force cannot be used to protect property unless there is a threat to personal safety.</p> Signup and view all the answers

<p>A public nuisance is an unreasonable interference with a right common to the general public.</p> Signup and view all the answers

<p>A tort is complete when there is substantial and unreasonable interference with the use and enjoyment of property.</p> Signup and view all the answers

<p>Damages are measured by the depreciation in market value of the property due to the trespass.</p> Signup and view all the answers

<p>Contributory negligence can reduce or bar recovery for a plaintiff if their own negligence contributed to the harm.</p> Signup and view all the answers

<p>The gravity of harm test assesses the seriousness of the harm caused by the interference with the plaintiff's property rights.</p> Signup and view all the answers

<p>A private nuisance claim can be made when there is a substantial and unreasonable interference with an individual's use and enjoyment of their property.</p> Signup and view all the answers

<p>Plaintiffs can seek compensatory damages, punitive damages, and nominal damages.</p> Signup and view all the answers