Tort Law Concepts and Cases

Duty, Breach, Causation, and Damages.

Duty refers to the obligation to act with reasonable care for the benefit of others, which typically does not exist unless a risk of harm is created.

The Learned-Hand Formula is used to determine whether a breach of duty occurred by balancing the burden of taking precautions against the probability and severity of harm.

<p>Yania v. Bigan illustrates that a person is only required to help another in danger if they created the risk of harm to that person.</p> Signup and view all the answers

<p>Causation includes both actual cause, determined by the But-For Test, and proximate cause, which involves foreseeability.</p> Signup and view all the answers

<p>Res Ipsa Loquitur is a doctrine that allows the presumption of negligence when the accident is of a kind that does not typically occur without negligence.</p> Signup and view all the answers

<p>Comparative Fault refers to a legal doctrine that allocates fault among parties, allowing for damage awards to be reduced based on the plaintiff's own negligence.</p> Signup and view all the answers

<p>Rowland v. Christian overruled the idea that a landowner's duty is based on the status of the visitor, establishing that a duty exists to act reasonably to prevent injury to all individuals regardless of their status.</p> Signup and view all the answers

<p>Punitive damages are designed to punish reprehensible conduct and deter similar future misconduct.</p> Signup and view all the answers

<p>Punitive damages are not available in strict liability or strict products liability cases.</p> Signup and view all the answers

<p>Economic damages include medical expenses and lost wages.</p> Signup and view all the answers

<p>Remittitur is a legal doctrine allowing a judge to lower an award amount deemed excessive by the jury.</p> Signup and view all the answers

<p>Additur allows a judge to raise an award amount that the jury assigned as too low.</p> Signup and view all the answers

<p>The case held that the primary purpose of compensatory damages in personal injury cases is to make the plaintiff whole.</p> Signup and view all the answers

<p>The majority approach held that loss of enjoyment of life is included as part of pain and suffering.</p> Signup and view all the answers

<p>Surviving relatives can recover damages for the loss of a decedent’s society, comfort, care, and protection.</p> Signup and view all the answers

<p>In negligence cases, punitive damages are not permitted because they require a higher degree of culpability.</p> Signup and view all the answers

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

<p>Under pure comparative fault, a plaintiff can recover damages unless they are 100% at fault for the accident.</p> Signup and view all the answers

<p>Under Modified A jurisdiction, a plaintiff who is 50% at fault can still recover damages.</p> Signup and view all the answers

<p>Punitive damages can be claimed in intentional tort claims, gross negligence claims, and some privacy tort claims.</p> Signup and view all the answers

<p>The plaintiff must prove that but-for the defendant’s conduct, the injury would not have occurred.</p> Signup and view all the answers

<p>The Substantial Factor Test is used when multiple forces combine to cause the plaintiff's harm.</p> Signup and view all the answers

<p>Actual cause can be established by demonstrating a reasonable inference of connection between the defendant's conduct and the plaintiff's harm.</p> Signup and view all the answers

<p>Alternative liability holds multiple tortfeasors jointly liable if it’s impossible to determine which one caused the plaintiff's injuries.</p> Signup and view all the answers

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

<p>Market share liability holds manufacturers liable in proportion to their market share for identical products that caused harm.</p> Signup and view all the answers

<p>Courts assess whether the defendant's actions created a foreseeable risk of harm to the plaintiff.</p> Signup and view all the answers

<ol> <li>Proven actual cause, 2) Could a reasonably prudent person have foreseen harm, 3) Is there a public policy cutting off liability?</li> </ol> Signup and view all the answers

<p>Compensatory damages are awarded to cover losses and make the injured party whole again after a tort.</p> Signup and view all the answers

<p>Punitive damages are awarded to punish the wrongdoer and deter illegal behavior, unlike compensatory damages which only aim to make the victim whole.</p> Signup and view all the answers

<p>Loss of consortium refers to the loss of companionship and support resulting from an injury to a loved one.</p> Signup and view all the answers

<p>The primary objective of tort law is to compensate victims while promoting safe conduct and fair liability.</p> Signup and view all the answers

<p>Tort law policies aim to fairly compensate victims, deter negligent behavior, and ensure efficient legal processes.</p> Signup and view all the answers

<p>It illustrates that defendants owe a duty of care only to those in a zone of reasonably foreseeable harm.</p> Signup and view all the answers

<p>Non-economic damages refer to compensation for intangible losses, such as emotional distress and pain and suffering.</p> Signup and view all the answers

<p>The primary goal of compensatory damages is to make the injured party whole again, reflecting the loss they suffered.</p> Signup and view all the answers

<p>Punitive damages are awarded when a defendant's conduct demonstrates a higher degree of culpability, such as recklessness or intentional harm.</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 for their injuries.</p> Signup and view all the answers

<p>Comparative fault allows a plaintiff to recover damages proportionate to their level of responsibility, without complete barring based on fault.</p> Signup and view all the answers

<p>A complete privilege under public necessity means that a defendant can damage or destroy property without liability if acting to prevent imminent public harm.</p> Signup and view all the answers

<p>The defendant must show that their actions were necessary to avert serious harm to the public and that the public interest was involved.</p> Signup and view all the answers

<p>Gross negligence claims and intentional tort claims can seek both punitive and compensatory damages.</p> Signup and view all the answers

<p>A public nuisance is an unreasonable interference with a right common to the general public, affecting public health, safety, peace, comfort, or convenience.</p> Signup and view all the answers

<p>A plaintiff must show substantial and unreasonable interference with their use and enjoyment of property.</p> Signup and view all the answers

<p>Strict liability cases can only seek compensatory damages because they do not involve a finding of fault beyond the act itself.</p> Signup and view all the answers

<p>Actual cause relates to the gravity of harm and utility of conduct; proximate cause involves foreseeability and the scope of liability.</p> Signup and view all the answers

<p>Punitive damages are not permitted in negligence cases.</p> Signup and view all the answers

<p>Damages can be recovered if the plaintiff suffered harm different from the general public's harm related to the common right interfered with.</p> Signup and view all the answers

<p>Pure comparative fault allows recovery regardless of the percentage of fault, while modified comparative fault limits recovery if the plaintiff exceeds 50% or 50.1% fault, depending on the jurisdiction.</p> Signup and view all the answers

<p>Compensatory and punitive damages can be sought in nuisance cases.</p> Signup and view all the answers

<p>A trespass to land claim can seek compensatory, punitive, and nominal damages.</p> Signup and view all the answers

<p>It evaluates whether the benefits of the actor's conduct outweigh the harm caused to the plaintiff.</p> Signup and view all the answers

<p>The substantial evidence test requires proof that the claimed interference is significant enough to warrant legal remedy.</p> Signup and view all the answers

<p>The government is responsible for bringing action against public nuisances to protect community rights.</p> Signup and view all the answers

<p>A person is privileged to enter or remain on another's land to prevent serious harm, but must compensate for any damages.</p> Signup and view all the answers

<p>Self-defense allows the use of force likely to cause death or serious injury if there is a reasonable belief of imminent harm.</p> Signup and view all the answers

<p>Intent can be established if the tortfeasor acts with the purpose to bring about a certain result or with substantial certainty that a result will occur.</p> Signup and view all the answers

<p>Transferred intent holds a tortfeasor liable for harming an unintended victim if they intended to harm someone else.</p> Signup and view all the answers

<p>Assault is an intentional act that creates a reasonable apprehension of imminent harmful or offensive contact.</p> Signup and view all the answers

<p>Direct contact is physical interaction without consent, while indirect contact involves causing harm through another object or force.</p> Signup and view all the answers

<p>False imprisonment requires intentional confinement or restraint of a person who is aware of their confinement.</p> Signup and view all the answers

<p>Compensatory damages are awarded to cover actual losses suffered by the plaintiff due to the tortious act.</p> Signup and view all the answers

<p>A contact is deemed harmful if it causes physical injury, and offensive if it offends a reasonable person's sense of dignity.</p> Signup and view all the answers

<p>No, the necessity doctrine only allows for compensatory damages, not punitive damages.</p> Signup and view all the answers

<p>Imminent threats must be likely to occur soon, creating reasonable apprehension of contact for a valid assault claim.</p> Signup and view all the answers

<p>Consent can serve as an affirmative defense, indicating the plaintiff agreed to the contact or situation causing the harm.</p> Signup and view all the answers

<p>In battery, intent refers to acting with a desired purpose to inflict harm or having knowledge that harm is likely to result.</p> Signup and view all the answers

<p>Reasonable apprehension is the victim's belief that harmful or offensive contact is imminent, even without fear.</p> Signup and view all the answers

<p>The issue was whether Christian acted as a reasonable landowner by failing to warn her guests about the broken faucet.</p> Signup and view all the answers

<p>The three statuses are invitee, licensee, and trespasser.</p> Signup and view all the answers

<p>It imposes liability when dangerous conditions attract child trespassers and cause harm that the landowner knows about.</p> Signup and view all the answers

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

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

<p>The company was liable for selling a car with a defective wheel because they had a duty to ensure safety for all users, not just the purchaser.</p> Signup and view all the answers

<p>Therapists have a duty to take reasonable precautions to warn potential victims of the danger.</p> Signup and view all the answers

<p>It was determined by Menlove's failure to heed Vaughan's warning about the fire risk from his hay stack.</p> Signup and view all the answers

<p>The formula states that a breach occurs if the burden of taking precautions is less than the probability of injury multiplied by the potential harm, represented as B &lt; PL.</p> Signup and view all the answers

<p>Breach can be proved by the argument that the defendant should have implemented newer safety technologies even if it was not customary at the time.</p> Signup and view all the answers

<p>The case highlighted that failure to adopt new safety measures, along with traditional industry practices, could lead to liability for injuries.</p> Signup and view all the answers

<p>It balances the predictability of harm against the burden of preventing that harm.</p> Signup and view all the answers

<p>Landowners must warn licensees of conditions that they know could cause harm, similar to the duties owed to invitees.</p> Signup and view all the answers

<p>It refers to a condition on the land that poses a significant danger of death or serious injury to children.</p> Signup and view all the answers

<p>A public necessity involves actions taken to prevent imminent public disaster, allowing for the destruction of property without liability for damages.</p> Signup and view all the answers

<p>Public necessity is a complete privilege that protects defendants from liability for property damage, while private necessity is an incomplete privilege that allows for recovery of damages.</p> Signup and view all the answers

<p>The defendant must show that the action was taken for public interests, there was a reasonable belief it was necessary, and the action was a reasonable response to the need.</p> Signup and view all the answers

<p>The Necessity Doctrine serves as a defense against negligence, gross negligence, intentional torts, and strict liability.</p> Signup and view all the answers

<p>Consent is a defense in such claims and implies voluntary exposure to the defendant’s offensive contact.</p> Signup and view all the answers

<p>Misuse occurs when a plaintiff alters or modifies a product, which can absolve the manufacturer of liability.</p> Signup and view all the answers

<p>The defendant must have acted under a reasonable belief that there was a danger of imminent physical injury.</p> Signup and view all the answers

<p>Assumption of risk means that a person who consents to an activity acknowledges the risks involved and cannot later claim for injuries resulting from those risks.</p> Signup and view all the answers

<p>A breach of duty occurs when a defendant fails to meet the standard of care expected in their actions, which may be established by the Learned-Hand Formula or industry standards.</p> Signup and view all the answers

<p>The 'But-For' test determines whether the harm would have occurred but for the defendant's actions.</p> Signup and view all the answers

<p>Proximate cause is concerned with the foreseeability of risk and whether the harm is a natural consequence of the defendant's actions.</p> Signup and view all the answers

<p>Compensatory damages aim to make the injured party whole by covering the losses incurred due to the defendant's wrongful conduct.</p> Signup and view all the answers

<p>The Tarasoff Doctrine creates a duty for psychotherapists to warn identifiable victims of threats made by their patients.</p> Signup and view all the answers

<p>A landowner owes invitees a duty to inspect for potential harm and to warn them of known hazardous conditions.</p> Signup and view all the answers

<p>The Attractive Nuisance Doctrine applies when children are lured onto a property by artificial conditions that pose an unreasonable risk of harm.</p> Signup and view all the answers

<p>The Specific Harm Test states that a landowner owes no duty to protect invitees unless they knew or should have known of specific harmful incidents occurring.</p> Signup and view all the answers

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

<p>The Tarasoff Doctrine requires therapists to take reasonable precautions to warn potential victims if they learn about a patient's intent to cause harm.</p> Signup and view all the answers

<p>The Learned-Hand Formula weighs whether the burden of taking precautions (B) is less than the probability of harm (P) multiplied by the likely harm (L).</p> Signup and view all the answers

<p>Negligence Per Se occurs when a defendant is found liable for negligence for violating a safety law or regulation.</p> Signup and view all the answers

<p>Res Ipsa Loquitur allows for an inference of negligence based on the circumstances of an accident occurring, indicating a breach of duty.</p> Signup and view all the answers

<p>Children performing adult-level dangerous activities are held to the same standards of care as adults, particularly if they are over the age of 7.</p> Signup and view all the answers

<p>The Totality of the Circumstances Test considers all relevant factors surrounding an incident to determine the landowner's duty.</p> Signup and view all the answers

<p>Broke Industry Custom signifies that a defendant deviated from established industry practices, which can constitute a breach of duty.</p> Signup and view all the answers

<p>A manufacturer has a duty of care to ensure that products are safe for foreseeable users, not just the initial purchaser.</p> Signup and view all the answers

<p>Landowners must weigh the utility of maintaining an attractive nuisance against the risks it poses to children and take reasonable steps to mitigate those risks.</p> Signup and view all the answers

<p>The Prior Similar Incidents Test may apply if there have been previous similar incidents in the area, suggesting that the landowner should have foreseen potential harm.</p> Signup and view all the answers

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

<ol> <li>Closely related to the victim, 2. Contemporaneous sensory perception, 3. Victim has substantial injuries, 4. Bystander suffers serious emotional distress.</li> </ol> Signup and view all the answers

<p>A defendant must engage in activities that are inherently dangerous and potentially harm-producing.</p> Signup and view all the answers

<p>Wild animals and abnormally dangerous activities.</p> Signup and view all the answers

<p>Compensatory damages are damages awarded to compensate for economic and noneconomic losses.</p> Signup and view all the answers

<p>Foreseeability determines whether the harm that occurred was a predictable result of the defendant's actions.</p> Signup and view all the answers

<p>It refers to the likelihood that an activity will cause harm if not properly managed.</p> Signup and view all the answers

<p>It sets criteria for identifying activities as abnormally dangerous, leading to strict liability.</p> Signup and view all the answers

<p>Assumption of Risk occurs when a plaintiff knowingly engages in an activity involving risk.</p> Signup and view all the answers

<p>The harm must result from a dangerous propensity characteristic of that animal species.</p> Signup and view all the answers

<p>The But-For Test or Substantial Factor Test is used.</p> Signup and view all the answers

<p>Noneconomic damages refer to compensation for non-monetary losses, such as pain and suffering.</p> Signup and view all the answers

<p>Strict liability cases can only seek compensatory damages, not punitive damages.</p> Signup and view all the answers

<ol> <li>High probability of harm, 2. Likelihood of severe harm, 3. Inability to eliminate risk, 4. Not common usage, 5. Inappropriate location, 6. Danger outweighs community value.</li> </ol> Signup and view all the answers

<p>A person is strictly liable for harm caused by the escape of something dangerous brought onto their land.</p> Signup and view all the answers

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

<p>An inadequate warning defect occurs when a manufacturer fails to clearly warn consumers about a product's potential dangers.</p> Signup and view all the answers

<p>The plaintiff could not recover damages because the economic harm was solely to the product itself and not a legally protected interest.</p> Signup and view all the answers

<p>A manufacturer must ensure that the end user is adequately informed about the product's dangers.</p> Signup and view all the answers

<p>It states that a person can be liable for trespassing if they intentionally enter another's land or remain there without permission.</p> Signup and view all the answers

<p>Affirmative defenses can limit or eliminate a defendant's liability by showing that the plaintiff shares fault or assumed risk.</p> Signup and view all the answers

<p>Creel was found liable for trespassing as he acted on incorrect information about property ownership.</p> Signup and view all the answers

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

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

<p>The Risk-Utility Test is preferred over the Consumer Expectations Test.</p> Signup and view all the answers

<p>Compensatory, punitive, and nominal damages can be sought in tort law cases.</p> Signup and view all the answers

<p>The plaintiff must prove ownership of the land, intentional entry by the defendant, and resultant damages.</p> Signup and view all the answers

<p>Trespass is considered an intentional tort where liability arises solely from the act of entering the land.</p> Signup and view all the answers

<p>Res Ipsa Loquitur implies that the very occurrence of an accident suggests negligence, as the harm would not have occurred without a breach of duty.</p> Signup and view all the answers

<p>Forms of confinement include physical barriers, threats of force, omissions where there is a legal duty to act, or improper assertion of legal authority.</p> Signup and view all the answers

<p>Ferrell v. Baxter established the principle of negligence per se, where violating a safety law automatically constitutes negligence.</p> Signup and view all the answers

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

<p>Outrageous conduct is behavior that is beyond the bounds of decency, seen as intolerable in a civilized community.</p> Signup and view all the answers

<p>The Substantial Factor Test evaluates whether the defendant's actions significantly contributed to the plaintiff's injuries without needing to dissect exact causes.</p> Signup and view all the answers

<p>The test evaluates if a bystander can recover for IIED when closely related to the injury victim, perceiving the event contemporaneously, and facing severe emotional distress.</p> Signup and view all the answers

<p>Trespass to chattels involves intent to touch property, whereas conversion involves the intention to exercise control over the property, seriously interfering with another's right to it.</p> Signup and view all the answers

<p>Ingersoll v. Liberty Bank of Buffalo determined that a plaintiff must show a causal connection between their injuries and the defendant's negligence, which was clear in this case.</p> Signup and view all the answers

<p>Alternative Liability allows for multiple defendants to be held jointly liable when it's impossible to determine which one caused the plaintiff's injury.</p> Signup and view all the answers

<p>The But-For Test determines if the plaintiff would not have been harmed but for the defendant's actions.</p> Signup and view all the answers

<p>The Single-Indivisible Injury Rule states that when a plaintiff is harmed by multiple defendants, those defendants must prove that damages can be apportioned.</p> Signup and view all the answers

<p>Victims can seek both punitive and compensatory damages, including economic and non-economic damages.</p> Signup and view all the answers

<p>Express consent is explicitly given, either verbally or in writing, while implied consent is inferred from actions or circumstances.</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 plaintiff's injury.</p> Signup and view all the answers

<p>Proximate Cause assesses whether the defendant's actions included the general type of harm suffered by the plaintiff and if it was a foreseeable outcome.</p> Signup and view all the answers

<p>Reasonable force in self-defense refers to the minimum amount of force necessary to prevent imminent unlawful harm.</p> Signup and view all the answers

<p>The three-part test requires proving actual cause, whether a reasonable person could foresee the harm, and if public policy cuts off liability to the defendant.</p> Signup and view all the answers

<p>Necessity serves as a defense if the defendant reasonably believes their actions are necessary to prevent an immediate emergency.</p> Signup and view all the answers

<p>Intent classified as 'substantial certainty' signifies that the defendant had knowledge that their actions would almost certainly cause severe emotional distress.</p> Signup and view all the answers

<p>The three types of damages are wrongful death, personal injury, and property damage.</p> Signup and view all the answers

<p>Actual damages assess whether the property was impaired in condition, quality, or value due to interference.</p> Signup and view all the answers

<p>Economic damages include medical expenses, lost wages, and other quantifiable financial losses.</p> Signup and view all the answers

<p>Plaintiffs must demonstrate that the defendant's actions had a significant role in contributing to their harm.</p> Signup and view all the answers

<p>Loss of Consortium refers to the loss of companionship and benefits of a relationship due to a tortfeasor's actions, allowing loved ones to claim damages.</p> Signup and view all the answers

<p>McClenahan v. Cooley affirmed that negligent acts that lead to injuries don't lose their causal connection even if intervening events occur, if they are foreseeable.</p> Signup and view all the answers

<p>The defendant's good or bad faith is considered regarding the extent and duration of interference with the property.</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 it is kept.</p> Signup and view all the answers

<p>A possessor is liable if they know or have reason to know that the domestic animal has dangerous propensities abnormal to its class.</p> Signup and view all the answers

<p>The basic elements are establishing the manufacturer or seller, proving defectiveness, causation, and damages.</p> Signup and view all the answers

<p>A manufacturing defect occurs when a product departs from its intended design during production.</p> Signup and view all the answers

<p>The consumer expectation test evaluates whether a product is safe as an ordinary consumer would expect it to be.</p> Signup and view all the answers

<p>It established that a seller is responsible for injuries caused by a defective product, regardless of when or how the defect occurred.</p> Signup and view all the answers

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

<p>The risk-utility test balances the risks of a product against its utility to determine if it is defectively designed.</p> Signup and view all the answers

<p>The case established that a manufacturer incurs absolute liability for defects in products placed on the market for use without inspection.</p> Signup and view all the answers

<p>Compensatory damages are intended to reimburse the injured party for actual losses incurred due to a defective product.</p> Signup and view all the answers

<p>It states that a seller is liable for injuries caused by a product in a defective condition unreasonably dangerous to users, regardless of care taken.</p> Signup and view all the answers

<p>Modification can serve as an affirmative defense for manufacturers, potentially limiting their liability.</p> Signup and view all the answers

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

<p>One affirmative defense is comparative fault, where the plaintiff's own negligence contributed to their injury.</p> Signup and view all the answers