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Questions and Answers
What is the primary goal of tort law?
What is the primary goal of tort law?
Which of the following is NOT a necessary component to prove negligence?
Which of the following is NOT a necessary component to prove negligence?
In tort law, what does 'Cause-in-Fact' refer to?
In tort law, what does 'Cause-in-Fact' refer to?
What type of duty do professionals like doctors or lawyers owe their clients compared to the general public?
What type of duty do professionals like doctors or lawyers owe their clients compared to the general public?
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Which of the following best defines Proximate Cause in tort law?
Which of the following best defines Proximate Cause in tort law?
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What is a broad classification of who has a duty to rescue in tort law?
What is a broad classification of who has a duty to rescue in tort law?
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Which of the following scenarios would likely not result in liability due to proximate cause?
Which of the following scenarios would likely not result in liability due to proximate cause?
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What does the Good Samaritan Law protect individuals from?
What does the Good Samaritan Law protect individuals from?
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What is the requirement for intent in intentional torts?
What is the requirement for intent in intentional torts?
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Which of the following describes battery in civil cases?
Which of the following describes battery in civil cases?
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In the context of assault, what are the necessary elements?
In the context of assault, what are the necessary elements?
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What constitutes trespass to land?
What constitutes trespass to land?
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Which of these defenses can be applied in scenarios of false imprisonment?
Which of these defenses can be applied in scenarios of false imprisonment?
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Which statement accurately describes defamation?
Which statement accurately describes defamation?
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What is a key element of the merchant's privilege defense?
What is a key element of the merchant's privilege defense?
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What distinguishes actionable defamation per se?
What distinguishes actionable defamation per se?
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In a case where an unforeseeable event breaks a chain of events, what outcome is likely for the defendant?
In a case where an unforeseeable event breaks a chain of events, what outcome is likely for the defendant?
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Under the burden of proof known as Res Ipsa Loquiter, who has the responsibility to prove non-negligence?
Under the burden of proof known as Res Ipsa Loquiter, who has the responsibility to prove non-negligence?
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What essential element must a plaintiff demonstrate to support a claim of assumption of risk?
What essential element must a plaintiff demonstrate to support a claim of assumption of risk?
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What is the primary requirement for a plaintiff to prove damages in a civil trial?
What is the primary requirement for a plaintiff to prove damages in a civil trial?
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In which type of negligence can a plaintiff only recover damages if they are less than 51% at fault?
In which type of negligence can a plaintiff only recover damages if they are less than 51% at fault?
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Which doctrine holds that the negligent party is responsible for losses suffered by would-be rescuers?
Which doctrine holds that the negligent party is responsible for losses suffered by would-be rescuers?
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Which of the following represents a defense challenging the element of duty?
Which of the following represents a defense challenging the element of duty?
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What does the term 'preponderance of evidence' mean in civil trials?
What does the term 'preponderance of evidence' mean in civil trials?
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Study Notes
Torts & the legal system
- A tort is a breach of duty owed to another that causes harm.
- The goal of tort law is to put the plaintiff back in the position they were in before the harm occurred.
- Not all wrongs have a remedy.
- The most common type of tort is negligence.
Negligence-based Torts
- Negligence-based torts involve unintentional actions or omissions that cause harm.
- These torts protect people from legally careless conduct, even if it was unintentional.
- To prove negligence, a plaintiff must show:
- Duty
- Breach
- Causation
- Damages
Duty of Care
- Everyone owes a duty to use reasonable care to not injure others.
- This is called a "blanket duty."
- Professionals, like doctors and lawyers, owe a higher duty of care, called a "specialized duty."
- Common carriers like airlines, ferries, and trains owe the highest duty of care.
- Unless you created the situation, you generally don't have a duty to rescue.
- Exceptions to the duty to rescue include:
- Special relationships: Parents, spouses, lifeguards, etc.
- Beginning a rescue: If you start rescuing someone, you can't leave them in a worse condition than you found them.
- The "Good Samaritan Law" protects rescuers from liability for accidental injuries as long as they act in good faith.
Breach of Duty
- A breach of duty occurs when the defendant's actions or omissions fail to meet the standard of care expected of a reasonable person.
- Professionals must meet the standard of care expected of a reasonable person in their profession.
Causation
- The defendant's actions must have caused the plaintiff's harm.
- This is the "chain of causation."
- Two types of causation must be proven:
- Cause-in-fact
- Proximate cause
Cause-in-Fact
- The "but for" rule: The injury would not have occurred "but for" the defendant's conduct.
- This is not enough to establish liability, but it is still important to show.
Proximate Cause
- Proximate cause is about fairness.
- It must be reasonably foreseeable that the defendant's actions would result in the harm.
- Consequences that are too remote or far removed from the defendant's negligence are not considered proximate cause.
- The Palsgraf case is a famous example of a case where cause-in-fact was established, but not proximate cause.
Superseding Clause
- This is an unforeseeable event that breaks the chain of events between the defendant's actions and the harm resulting from those actions.
- The intervening, unforeseeable act may relieve the defendant of liability.
- The "danger-invites-rescue doctrine" is a specific type of superseding clause where the negligent party is responsible for the losses suffered by rescuers who are injured while attempting to rescue someone due to the negligent acts of others.
Burden of Proof
- In a civil trial, the plaintiff must prove their case by a "preponderance of the evidence," meaning more likely than not.
- This applies to each element of the tort – duty, breach, causation, and damages.
- The burden of proof can be shifted with the doctrine of "Res Ipsa Loquiter," meaning "the thing speaks for itself."
- This occurs when negligence is so obvious that the burden shifts to the defendant to prove they were not negligent.
- Common example: A surgeon leaving a tool inside a patient after closing a wound.
Damages
- Damages are typically the easiest element to prove, but the plaintiff must still show their harm by a preponderance of the evidence.
- Types of damages include medical bills, pain and suffering, lost wages, and emotional distress.
Defenses Against Negligence
- Defendants can attack the elements of negligence to avoid liability.
- This could include:
- Arguing no duty existed (e.g., secondhand asbestos exposure)
- Showing they acted reasonably, thus not breaching the duty of care
- Challenging proximate cause by claiming the harm was not reasonably foreseeable
Assumption of Risk
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Elements:
- Plaintiff must know of the specific danger.
- Plaintiff must understand the potential damages.
- Plaintiff must voluntarily expose themselves to the danger.
- The danger must proximately cause the damage.
Comparative Negligence
- This defense involves the plaintiff's own negligence.
- States have different systems of comparative negligence:
- Contributory Negligence: If the plaintiff is at fault AT ALL, they are barred from recovery.
- Pure Comparative Negligence: The plaintiff can recover damages, but their recovery is reduced based on their percentage of fault.
- Modified Comparative Negligence: The plaintiff can only recover if their fault is less than a certain percentage (usually 51%).
Intentional Torts
- Unlike negligence, which is unintentional, intentional torts require intent on the part of the defendant.
- Intent means the defendant voluntarily committed the act, not that they intended to harm anyone.
- Transferred intent: When the defendant intends to harm one person but ends up harming someone else.
Battery (Civil)
- The unlawful touching of another person without consent.
- The intention to touch and the act of touching must be proven.
- Direct physical contact isn't necessary; the defendant need only set in motion the forces that cause the contact.
Assault (Civil)
- Intentional conduct that:
- Threatens bodily harm or offensive contact.
- Is directed towards a person.
- Places the person in fear of immediate bodily harm or offensive contact.
Trespass to Land
- Intentionally entering the land of another.
- The act of entering must be voluntary; a defendant cannot be found liable if they were unaware they were trespassing.
Defenses to Intentional Torts
- Consent: Did the injured party give permission to the defendant's actions?
- Privilege: The defendant was furthering a social interest when committing the tort.
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Self-Defense: Right to use reasonable force to protect yourself or others.
- Lethal force can only be used when lethal force is threatened.
- Nonlethal force can only be used when nonlethal force is threatened.
- Lethal force cannot be used to protect property.
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False Imprisonment: Intentional confinement of a person against their will that is unreasonable under the circumstances.
- There must be no reasonable means of escape.
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Merchants Privilege:
- Elements:
- The defendant is a merchant or employee of a merchant.
- The defendant reasonably believes a person has stolen or is attempting to steal merchandise.
- The defendant reasonably confines the person for a reasonable time until the matter can be resolved.
- Elements:
Defamation
- This is a category that includes two torts: slander and libel.
- Slander: Spoken defamation.
- Libel: Written defamation.
- Elements: False statements about someone to a third party that cause harm to the person the statement was made about.
Defenses to Defamation
- Truth: A total defense. If the defendant can prove the statement was true, there is no defamation.
- Absolute Privilege: Statements made by judges and witnesses in court, as well as elected officials during legislative proceedings.
- Defamation Per Se: Certain false statements are automatically presumed to cause harm, such as accusing someone of committing a crime. The plaintiff only has to show the false statement was made.
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Description
Explore the fundamental concepts of tort law, focusing on negligence-based torts. Understand the duty of care owed to others and the key elements required to prove negligence. This quiz will guide you through the essential principles governing torts and their implications in the legal system.
