Torts Law Overview
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Questions and Answers

What is the primary factor in determining if conduct lacks reasonable care?

  • The personal characteristics of the individual
  • The opinions of legal experts
  • The foreseeable likelihood and severity of harm (correct)
  • The experience level of the individual

Which statement accurately reflects the principle of contributory negligence?

  • Plaintiffs cannot recover any damages if their negligence contributed to the accident. (correct)
  • Contributory negligence does not prevent recovery if the plaintiff’s actions were unforeseen.
  • Plaintiffs can recover damages as long as they used due care.
  • Plaintiffs are always barred from recovery if their carelessness contributed to their injuries.

What standard does a reasonable person conform to in order to avoid negligence, unless they are a child?

  • The standard outlined by the governing body
  • The standard of a person of similar age
  • The standard of a reasonable person under the circumstances (correct)
  • No standard is applied to adults

Which of the following statements about mental ability and negligence is true?

<p>Individuals with mental defects are still required to act reasonably. (C)</p> Signup and view all the answers

Which case illustrates that moral compulsion does not affect the reasonable person standard?

<p>Friedman v. State (D)</p> Signup and view all the answers

What is a directed verdict?

<p>A ruling by the judge to not proceed to jury trial after a case has been presented (B)</p> Signup and view all the answers

Which of the following is true about intentional torts?

<p>They involve deliberate contact causing harm or offense (B)</p> Signup and view all the answers

Which of the following best describes strict liability?

<p>Liability where the defendant pays damages regardless of intention or negligence (C)</p> Signup and view all the answers

What must a plaintiff demonstrate to establish a case of battery?

<p>That there was no consent and harmful or offensive contact occurred (D)</p> Signup and view all the answers

Regarding the 'Eggshell Skull' rule, what is true?

<p>It provides full liability for the extent of harm caused regardless of prior conditions (B)</p> Signup and view all the answers

Which element is NOT necessary to establish a battery?

<p>Intent to harm (B)</p> Signup and view all the answers

In what situation is an act considered involuntary?

<p>When done during sleep or seizure (D)</p> Signup and view all the answers

What is the primary focus of tort law?

<p>To promote fairness and corrective justice in civil matters (A)</p> Signup and view all the answers

What is the legal implication when a person gives consent based on fraud or duress?

<p>It is considered as no consent in battery cases. (B), The person can still recover damages. (D)</p> Signup and view all the answers

If a person is impaired and gives consent, when is that consent deemed ineffective?

<p>If the other party knows about the impairment. (C)</p> Signup and view all the answers

What must occur if a different medical procedure is performed that was not originally consented to?

<p>New consent must be obtained. (D)</p> Signup and view all the answers

In the context of trespass to land, what does 'intentional' mean?

<p>The individual must know they are on another's property. (C)</p> Signup and view all the answers

In the case of consent to operate on different body parts, what is necessary?

<p>Consent must be obtained if it is not an emergency. (B)</p> Signup and view all the answers

What is one of the elements necessary to establish a claim of trespass to land?

<p>Intentional entry onto another's possessory interests. (D)</p> Signup and view all the answers

What was the ruling in the case of Mcneil v Mullin regarding consent to unlawful acts?

<p>Victims may still claim damages despite giving consent. (B)</p> Signup and view all the answers

What does the principle of single intent imply in the context of trespass?

<p>Only intent to be on the land is necessary. (D)</p> Signup and view all the answers

Under what circumstances is one privileged to enter another's land to avert an imminent public disaster?

<p>When they reasonably believe it is necessary to prevent public disaster (D)</p> Signup and view all the answers

What is the main factor determining if damages from police actions during suspect apprehension are compensated?

<p>If the actions were considered within the state's police power (A)</p> Signup and view all the answers

What condition must be met for parents and teachers to impose reasonable force as a form of discipline?

<p>The force must not be excessive and must maintain order (C)</p> Signup and view all the answers

In the context of negligence, what does a person act with if they fail to exercise reasonable care under all circumstances?

<p>Breach of duty (B)</p> Signup and view all the answers

What must be demonstrated for a plaintiff to successfully sue for negligence?

<p>The defendant owed a duty to the plaintiff (D)</p> Signup and view all the answers

Under which circumstance is corporal punishment considered justified?

<p>In cases involving life and death situations (A)</p> Signup and view all the answers

What is required for a person to be found liable for negligence?

<p>They must demonstrate a lack of reasonable care (A)</p> Signup and view all the answers

Which principle justifies the police taking action that might damage property during an operation?

<p>Public necessity (D)</p> Signup and view all the answers

What is a common carriers' primary duty towards passengers?

<p>To ensure passengers' safety while on their vessel (A)</p> Signup and view all the answers

Under what circumstance does a social host have no duty to guests regarding alcohol?

<p>When the majority of law rules apply (B)</p> Signup and view all the answers

What is the Public Duty Doctrine primarily concerned with?

<p>Public injuries resulting from individual negligence (C)</p> Signup and view all the answers

What affirmative obligation is imposed on landowners regarding trespassers?

<p>To use care for those who come onto their property (B)</p> Signup and view all the answers

What legal standard applies to known trespassers according to premises liability?

<p>Landowners must refrain from intentional harm (D)</p> Signup and view all the answers

Under Dram Shop Acts, what is specifically prohibited?

<p>Selling alcohol to already intoxicated customers (C)</p> Signup and view all the answers

In the case of a trespasser, when is a landowner potentially liable for injuries?

<p>When there is a known danger created by the landowner (A)</p> Signup and view all the answers

What outcome is possible if negligence by a seller leads to a customer's injury to a third party under statutory law?

<p>The seller may face liability for the customer's actions (D)</p> Signup and view all the answers

What is the primary focus of the principle of Negligence Res Ipsa Loquitur?

<p>The type of accident suggests that negligence has likely occurred. (D)</p> Signup and view all the answers

Which scenario best illustrates a compliance error in negligence?

<p>A factory worker failing to wear protective gear as required. (D)</p> Signup and view all the answers

What does the rule from Ybarra state regarding the occurrence of accidents?

<p>Accidents must have occurred through someone’s negligence to be actionable. (D)</p> Signup and view all the answers

How can a defendant rebut the presumption of negligence in a case involving Res Ipsa Loquitur?

<p>By providing proof of their adherence to standard safety protocols. (A)</p> Signup and view all the answers

What does the term 'foreseeable likelihood' refer to in the context of negligence?

<p>The reasonable expectation of outcomes following specific actions. (B)</p> Signup and view all the answers

Which of the following is an example of negligence per se?

<p>A driver exceeding the speed limit and colliding with another vehicle. (B)</p> Signup and view all the answers

What is a key distinction between Res Ipsa Loquitur and negligence per se?

<p>Res Ipsa Loquitur requires jury involvement, while negligence per se does not. (A)</p> Signup and view all the answers

What constitutes a 'burden of precautions' in negligence cases?

<p>The cost and effort required to implement safety measures. (D)</p> Signup and view all the answers

Under what circumstances does a custodian have a duty to protect individuals in their custody?

<p>If the custodian has superior ability to protect them (B)</p> Signup and view all the answers

Which type of person is NOT typically considered to have a special relationship imposing a duty of care?

<p>A neighbor and a visitor (C)</p> Signup and view all the answers

Which of the following statements is true regarding negligent entrustment?

<p>It involves the provision of a chattel to someone who is likely to use it negligently. (A)</p> Signup and view all the answers

What is the Rescue Doctrine primarily focused on?

<p>Protecting rescuers from liability unless acting recklessly. (B)</p> Signup and view all the answers

What must occur for a parent or guardian to have a duty to warn a minor about known dangers?

<p>There must be a specific dangerous habit known to the parent. (D)</p> Signup and view all the answers

Which of the following describes the liability of commercial vendors of alcohol for on-premise consumption?

<p>They may be held liable for injuries caused by intoxicated patrons. (A)</p> Signup and view all the answers

What must an individual with superior physical abilities do in a situation where their abilities can help avoid danger?

<p>Use their abilities to avoid the danger (D)</p> Signup and view all the answers

What characterizes the relationship between a therapist and a patient in terms of duty?

<p>There must be an identifiable victim for the duty to arise. (C)</p> Signup and view all the answers

In cases involving children aged 7 and under, how is their capability to be negligent viewed?

<p>They are presumed incapable of negligence (C)</p> Signup and view all the answers

In the context of Tort law, what exemplifies the term 'imminent danger'?

<p>An immediate threat that requires prompt action. (A)</p> Signup and view all the answers

What is required from a plaintiff to prove negligence?

<p>Demonstrating that a duty existed (B)</p> Signup and view all the answers

What standard of care must a mentally deficient individual be held to when they cause harm?

<p>A standard adjusted for their mental capacity (B)</p> Signup and view all the answers

How are older individuals with physical infirmities expected to behave in terms of safety?

<p>They must take precautions similar to a reasonable person (C)</p> Signup and view all the answers

What does the Rule of 7s state regarding children between the ages of 7 and 14?

<p>They are presumed incapable but can be liable under certain conditions (D)</p> Signup and view all the answers

What must a tortfeasor prove if they claim insanity as a defense against a wrongful act?

<p>Their mental state was solely due to the act in question (B)</p> Signup and view all the answers

What is the standard of care expected from a reasonable person in similar circumstances?

<p>They are expected to act as a reasonable person would (A)</p> Signup and view all the answers

What standard of care is expected of common carriers?

<p>Heightened standard of care (B)</p> Signup and view all the answers

Under what conditions can a minor be held to an adult standard of care?

<p>If they are participating in a typically adult activity that poses danger (D)</p> Signup and view all the answers

What duty does RST 322 impose on an actor who has harmed another person?

<p>To prevent further harm if they know the person is helpless (B)</p> Signup and view all the answers

In RST 321, what must an actor do upon realizing their conduct has created an unreasonable risk of harm?

<p>Take reasonable measures to prevent the risk from materializing (B)</p> Signup and view all the answers

What is the implication of RST 323 concerning services rendered to another?

<p>Increased risk of harm makes the provider liable for negligence (C)</p> Signup and view all the answers

What distinguishes RST 321 from RST 322 in terms of duty?

<p>RST 321 focuses on preventing previously caused harm, while RST 322 addresses the need for aid after harm has occurred (D)</p> Signup and view all the answers

Which party can be considered liable under the rule of reasonable care if they undertake a service that results in further harm?

<p>Any individual providing services (B)</p> Signup and view all the answers

Under what unique situation does the law allow reduced standards of care for host drivers?

<p>If the passenger is inebriated (A)</p> Signup and view all the answers

What is the primary duty of common carriers concerning their passengers?

<p>Ensure passenger safety while on their vessel (B)</p> Signup and view all the answers

Under what circumstance do social hosts have a duty towards third parties regarding alcohol consumption?

<p>When intoxicated guests cause injury to a third party (A)</p> Signup and view all the answers

What does the Public Duty Doctrine state regarding governmental liability?

<p>Governmental entities cannot be held liable if a breach of duty is to the general public (C)</p> Signup and view all the answers

What is the legal standard applied to known trespassers according to premises liability?

<p>A duty to prevent accidental harm and warn about dangers (C)</p> Signup and view all the answers

Which of the following statements regarding Dram Shop Acts is true?

<p>They cannot attach liability for injuries sustained by the intoxicated individual (D)</p> Signup and view all the answers

Who does the law impose a duty to use care towards when it comes to trespassing?

<p>Only frequent or known trespassers (C)</p> Signup and view all the answers

Under which condition are landowners potentially liable for trespassers' injuries?

<p>If the activity on property endangers public safety (B)</p> Signup and view all the answers

According to common law regarding social hosts, what is the typical rule about their liability?

<p>They have no liability for accidents resulting from alcohol consumed by guests (D)</p> Signup and view all the answers

What must a possessor of land know to be liable for harm to children caused by an artificial condition?

<p>That children are likely to trespass on the property. (A)</p> Signup and view all the answers

What is one condition that must be met for a possessor of land to be liable for injuries to trespassing children?

<p>The artificial condition poses a risk of serious harm. (A)</p> Signup and view all the answers

Which of the following is NOT a requirement for establishing liability for harm caused by an artificial condition?

<p>The owner of the property must have created the artificial condition. (D)</p> Signup and view all the answers

When evaluating whether a land possessor has breached their duty of care, what is a common approach used?

<p>Cost-benefit analysis of the potential harm vs. precaution. (C)</p> Signup and view all the answers

What type of evidence is considered circumstantial in proving negligence?

<p>Inferences drawn from facts surrounding the incident. (B)</p> Signup and view all the answers

Which of the following scenarios would indicate a land possessor has failed to exercise reasonable care?

<p>Failing to warn children about a steep drop near a playground. (B)</p> Signup and view all the answers

What must a defendant prove to rebut the presumption of negligence in a liability case involving a dangerous condition?

<p>They had taken all possible precautions to mitigate risks. (D)</p> Signup and view all the answers

Which case indicates that simply having a warning sign is insufficient if the dangers are not comprehensible to all individuals?

<p>Weirs v Jones (C)</p> Signup and view all the answers

What must be satisfied for requirement (II) regarding defendant B in the context of negligence?

<p>Defendant B's negligence must not lessen the probability of defendant A's negligence. (A)</p> Signup and view all the answers

In the situation of res ipsa loquitur, under what circumstance can multiple defendants be held liable?

<p>If they had any control over the plaintiff's body or the instrumentalities involved. (A)</p> Signup and view all the answers

Which of the following cases supports the notion that an innocent party should not be held responsible for another's wrong?

<p>Wolf v American Tract (B)</p> Signup and view all the answers

What does the criterion of 'voluntary action by the plaintiff' imply in negligence cases?

<p>The plaintiff's actions cannot contribute to the injury for liability to be established. (A)</p> Signup and view all the answers

In the context of the Bond v Otis Elevator case, what is emphasized regarding group liability?

<p>Defendants must demonstrate a high level of integration in their actions to apply res ipsa. (C)</p> Signup and view all the answers

What does the Judson v Giant Powder Co case illustrate concerning unknown incidents?

<p>It demonstrates the impossibility of recovery if the cause of the incident is unknown. (D)</p> Signup and view all the answers

Which statement correctly reflects the requirement for establishing negligence through res ipsa?

<p>The harm must be of a type that ordinarily does not occur in the absence of negligence. (C)</p> Signup and view all the answers

What outcome occurs if a group was working independently without coordination, such as in the scenario described for elevator liability?

<p>Only those with direct control over the situation are liable. (A)</p> Signup and view all the answers

What constitutes offensive contact under tort law?

<p>Contact that is offensive to an average person’s dignity. (D)</p> Signup and view all the answers

In which case was it determined that an ordinary person would not be offended by a door closing in their face?

<p>Wishnatsky v Huey (C)</p> Signup and view all the answers

What is one important criterion for establishing offensive contact as a battery?

<p>The contact must offend a communicated sense of dignity. (C)</p> Signup and view all the answers

How is apparent consent defined in relation to torts?

<p>Any behavior that can be interpreted as a willingness to engage. (A)</p> Signup and view all the answers

What is a key factor that might exempt someone from liability for offensive contact?

<p>If it is determined that avoiding contact would cause undue burdens. (A)</p> Signup and view all the answers

Which case ruled that a purposeful act was deemed reasonably offensive?

<p>Leichtman v WLW (C)</p> Signup and view all the answers

What type of standard is used to determine if contact is offensive to personal dignity?

<p>Objective standard based on societal norms. (C)</p> Signup and view all the answers

What does the case Cohen v Smith illustrate regarding offensive contact?

<p>Expressing objection to contact can establish battery. (C)</p> Signup and view all the answers

Under which condition is an actor's violation of a statute excused?

<p>The violation is due to unclear requirements presented to the public. (C)</p> Signup and view all the answers

What standard of care must a physician exercise according to medical malpractice law?

<p>The degree of care practiced by a reasonably careful professional in the same field. (D)</p> Signup and view all the answers

Which locality rule permits expert witnesses to come from similar markets rather than requiring them to be from the same locality as the defendant?

<p>Modified Locality (C)</p> Signup and view all the answers

In a case questioning a hospital’s facilities, which locality rule is considered appropriate?

<p>Modified Locality Rule (D)</p> Signup and view all the answers

What is the primary factor in determining the standard of care in medical malpractice cases?

<p>Expert testimonies about procedures in similar circumstances. (D)</p> Signup and view all the answers

What aspect differentiates the National Medical Standard from the Modified Locality Rule?

<p>It allows expert witness testimonies from anywhere in the U.S. (D)</p> Signup and view all the answers

In cases where common knowledge suffices, when might expert witnesses be unnecessary?

<p>When the medical condition in question is widely understood by the public. (A)</p> Signup and view all the answers

Which of the following best describes the implications of confusing statute requirements on an actor's liability?

<p>Confusion can excuse the violation if it leads to non-compliance. (D)</p> Signup and view all the answers

Which of the following best describes the application of Res Ipsa Loquitur in the context provided?

<p>It is applicable when safety measures are inadequate but do not violate the hand formula. (C)</p> Signup and view all the answers

In the context of Negligent Infliction of Emotional Distress (NIED), what does the 'Zone of Danger' rule entail?

<p>Claimants must have witnessed the accident occur to recover damages. (A)</p> Signup and view all the answers

Which of the following statements accurately reflects RST 46 concerning liability for emotional distress?

<p>To be liable, conduct must directly place the victim in immediate danger. (C)</p> Signup and view all the answers

Under what condition can a jury modify the standard of care applicable to a defendant in a negligence case?

<p>The judge modifies the jury instructions or evidence on breach. (D)</p> Signup and view all the answers

Under RST 47, what is necessary for a third party to seek damages for emotional distress?

<p>The third party must be a close family member and perceive the event contemporaneously. (B)</p> Signup and view all the answers

What is the central standard for personal injury cases arising out of athletic events in some jurisdictions?

<p>Reckless disregard for safety. (C)</p> Signup and view all the answers

Which approach to NIED requires a direct physical impact for a claim to be made?

<p>Impact rule (D)</p> Signup and view all the answers

Which aspect is essential to determine whether negligence per se is applicable?

<p>The judge's decision regarding the statute's application. (D)</p> Signup and view all the answers

In which scenario could a defendant's violation of a statute be excused under negligence per se?

<p>The violation is reasonable due to the defendant's incapacitation. (B)</p> Signup and view all the answers

Which of the following is not a consideration for establishing negligence per se according to the Restatement (Third) of Torts?

<p>The economic status of the defendant. (A)</p> Signup and view all the answers

What must be shown to determine if a plaintiff is entitled to a negligence per se instruction?

<p>The specific harm caused aligns with the statute's intent. (A)</p> Signup and view all the answers

Under what circumstances does the assumption of risk apply in personal injury cases related to sports?

<p>When the risk involved is inherent to the sport. (A)</p> Signup and view all the answers

What does the Restatement (Third) of Torts suggest about statutory violations and negligence?

<p>An actor is negligent if they violate a statute designed to prevent specific accidents. (A)</p> Signup and view all the answers

In which scenario would a common carrier have an expanded duty to its passengers?

<p>When the passenger is in imminent danger while on the bus. (D)</p> Signup and view all the answers

What type of duty arises between a school and its students?

<p>An obligation to provide a safe environment at all times. (B)</p> Signup and view all the answers

Which relationship is an example of a special duty to protect individuals?

<p>A therapist with a patient suffering from severe anxiety. (D)</p> Signup and view all the answers

What must be demonstrated for a rescuer to have legal protection under the Rescue Doctrine?

<p>The rescuer must have assumed the duty and acted reasonably. (D)</p> Signup and view all the answers

Which situation does NOT typically impose a duty of care on a custodian for those in their custody?

<p>A neighbor watching over a pet. (A)</p> Signup and view all the answers

Which of the following best defines negligent entrustment?

<p>Loaning a weapon to a person with a drinking problem. (D)</p> Signup and view all the answers

In what situation might a parent have a duty to warn about specific dangers?

<p>When there is a specific known threat that could harm the child. (A)</p> Signup and view all the answers

What does the Rescue Doctrine establish regarding contributions to negligence?

<p>Rescuers are only responsible if they enter a dangerous situation recklessly. (B)</p> Signup and view all the answers

Which of the following elements is NOT necessary to establish an act for liability in battery?

<p>Conscious intent to harm the plaintiff (D)</p> Signup and view all the answers

What differentiates 'imminent apprehension' from general fear in the context of assault?

<p>Imminent apprehension involves an immediate threat of harmful contact. (C)</p> Signup and view all the answers

In the case of Brower v Ackerley, why were future threats deemed insufficient for establishing assault?

<p>The threats lacked the element of immediacy. (B)</p> Signup and view all the answers

How does the case of Tuberville v Savage clarify the relationship between intent and assault?

<p>Intent to create apprehension must accompany an overt act. (A)</p> Signup and view all the answers

Why is context important when determining if an act is harmful or offensive?

<p>Certain environments redefine what is considered offensive. (D)</p> Signup and view all the answers

What characterizes 'conditional threats' in relation to assault liability?

<p>They may be considered assault if the defendant is not privileged. (A)</p> Signup and view all the answers

In what scenario could an assault occur even if the defendant acts towards someone other than the plaintiff?

<p>When the plaintiff reasonably perceives the threat intended for a third party. (A)</p> Signup and view all the answers

Which statement best describes the liability related to unconscious acts?

<p>Unconscious acts are not seen as volitional and cannot create liability. (B)</p> Signup and view all the answers

What is the primary condition that permits a person to enter another's land to prevent an imminent public disaster?

<p>They believe it to be necessary. (A)</p> Signup and view all the answers

Under what condition is a municipality typically liable for damages caused by police actions?

<p>When property is damaged during the apprehension of a suspect. (B)</p> Signup and view all the answers

Which of the following describes the limitation on reasonable force for discipline by parents and teachers?

<p>It must be proportionate to the child's previous conduct. (C)</p> Signup and view all the answers

In the context of negligence, what must a plaintiff prove regarding the defendant's duty?

<p>The defendant held a legal duty towards the plaintiff. (B)</p> Signup and view all the answers

What constitutes instigation in the context of false imprisonment?

<p>Encouraging the authorities to take unlawful action against a person (C)</p> Signup and view all the answers

What is required for the use of corporal punishment to be considered justified?

<p>Reasonable judgment and discretion must be exercised. (C)</p> Signup and view all the answers

What must be proven for a party to be held liable for false imprisonment in the absence of probable cause?

<p>That the party conveyed misleading information resulting in an arrest (C)</p> Signup and view all the answers

What foundational element is necessary to establish a negligence claim?

<p>The defendant breached a duty by failing to act with reasonable care. (A)</p> Signup and view all the answers

What element is required to establish a claim of assault?

<p>An act that creates imminent apprehension of harm (C)</p> Signup and view all the answers

In the case where A throws a stone at B thinking he is asleep, but B dodges it, what legal principle applies?

<p>Transferred liability between A and B (D)</p> Signup and view all the answers

What is the consequence of a person failing to exercise reasonable care under all circumstances?

<p>They may be held liable for negligence. (B)</p> Signup and view all the answers

Which scenario best illustrates the concept of 'imminent apprehension' in assault?

<p>Someone observing a person being chased and fearing for their safety (B)</p> Signup and view all the answers

Which of the following best illustrates the distinction regarding public necessity in legal contexts?

<p>The state must compensate for damages caused during emergency interventions. (C)</p> Signup and view all the answers

What is a crucial factor in determining the liability for assault?

<p>The intent to create apprehension for the victim (A)</p> Signup and view all the answers

What is the primary condition under which a conditional or restricted consent to enter land creates a privilege?

<p>The condition or restriction is complied with. (D)</p> Signup and view all the answers

In the context of false imprisonment, what does 'probable cause' refer to?

<p>A reasonable basis for believing that a crime has occurred (B)</p> Signup and view all the answers

What circumstance would NOT typically make a mistaken belief a valid defense against trespassing?

<p>The trespasser's belief was reasonable but induced by others. (C)</p> Signup and view all the answers

When does an act of instigation not result in liability for false imprisonment?

<p>When the instigator accepts the final decision of authorities (A)</p> Signup and view all the answers

Which of the following acts constitutes conversion of a chattel?

<p>Refusing to return a borrowed item after the agreed time. (C)</p> Signup and view all the answers

What is a necessary element to establish liability for a trespass to a chattel?

<p>The possessor must have been dispossessed. (A)</p> Signup and view all the answers

Which action does NOT lead to liability for conversion according to the Restatement of Torts?

<p>Misusing the chattel with owner's consent. (A)</p> Signup and view all the answers

In the case of Van Alstyne v Rochester, what action led to exceeding the scope of consent?

<p>Leaving materials on the land beyond the agreed time. (D)</p> Signup and view all the answers

What does the Restatement Second 164 indicate regarding mistaken entry onto another's land?

<p>Mistake does not excuse trespass if no consent is present. (B)</p> Signup and view all the answers

Which of the following is an example of wrongful detention of a chattel?

<p>Keeping a borrowed book beyond the due date. (C)</p> Signup and view all the answers

What is required to establish the trespass to chattel in terms of impairment?

<p>There must be a reduction in the chattel's value or condition. (A)</p> Signup and view all the answers

Which of the following statements about conversion is accurate?

<p>Conversion can include misusing property even with consent. (D)</p> Signup and view all the answers

What must a tortfeasor demonstrate when claiming mental incapacity as a defense in a wrongful act?

<p>Their mental incompetence was solely due to their efforts to perform a duty. (B)</p> Signup and view all the answers

In the case of a minor, which age group is presumed incapable of negligence?

<p>7 years and under. (D)</p> Signup and view all the answers

Which case established that lacking higher intelligence does not negate the standard of care expected?

<p>Vaugh v Menlove. (A)</p> Signup and view all the answers

When a tortfeasor possesses superior physical abilities, what is expected of them?

<p>To avoid greater dangers by employing their superior capabilities. (B)</p> Signup and view all the answers

What standard of care is applied to an individual who is blind, as seen in Davis v Feinstein?

<p>They are held to the same standard as a reasonable person. (B)</p> Signup and view all the answers

In the context of the Rule of 7s, what presumption applies to minors aged 7 to 14 when engaged in dangerous activities?

<p>They have a weaker presumption of incapability depending on the circumstances. (D)</p> Signup and view all the answers

What is required of individuals with physical infirmities according to the content provided?

<p>They need to exercise care for their own safety based on their condition. (B)</p> Signup and view all the answers

What is the primary element necessary to establish a negligence claim?

<p>Establishing that a duty existed. (B)</p> Signup and view all the answers

What is the significance of the Rowland case in tort law?

<p>It abolished distinctions between different categories of entrants onto land. (A)</p> Signup and view all the answers

Under RST 321, when does an actor have a duty to act?

<p>If they realize their action has created a risk of harm. (B)</p> Signup and view all the answers

Which factor is NOT considered in determining the standard of care for children under tort law?

<p>Socioeconomic status (D)</p> Signup and view all the answers

According to RST 322, what must an actor do if they have harmed another making them helpless?

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What differentiates RST 321 from RST 322 in terms of duty?

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What does RST 323 pertain to regarding the duty of care?

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When can minors be held to an adult standard of care in tort law?

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How does the standard of care for common carriers differ from that of ordinary citizens?

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Under what condition can a judge modify the standard of care in a negligence case?

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How is the standard of care altered in personal injury cases arising from athletic events?

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What determines whether negligence per se applies in a case?

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Which condition allows for an actor's violation of a statute to be excused in negligence per se?

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In the context of negligence per se, what must a judge determine regarding the statute involved?

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Under the Restatement (Third) of Torts, when is an actor considered negligent?

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What kind of knowledge may impact the admission of evidence to establish a breach in certain negligence standards?

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Which of the following describes a potential judge's role in determining negligence per se?

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Flashcards

Intentional Tort

A deliberate action causing harm to another person.

Unintentional Tort

Harm caused by a careless or negligent action, not a deliberate one.

Battery (Prima Facie Case)

Intentional act of unwanted touching or contact of another person.

Act (Battery)

A voluntary movement needed for liability in battery.

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Intent (Battery)

Purposeful action with a substantial certainty of contact, not necessarily harm.

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Directed Verdict

A judge's decision to resolve a case without a jury's input.

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Strict Liability

Defendant pays damages regardless of how the action was done.

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Eggshell-Skull Rule

Defendant is liable for all harm, even if the plaintiff has a pre-existing condition causing magnified harm.

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Public Necessity

A legal defense where someone is allowed to trespass on property or damage property to prevent an imminent public disaster, like a fire.

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Police Power & Public Necessity

When police take, damage, or destroy property during an arrest, the municipality is responsible for compensating the owner.

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Discipline: Reasonable Force

Parents, teachers, and others in authority can use reasonable force to maintain order and discipline.

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Discipline: Sea & School

Authority figures aboard ships and in schools are allowed to use reasonable force for discipline and to enforce rules.

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Negligence: Duty of Care

A person who acts negligently fails to exercise reasonable care under the circumstances. This involves both a duty to act reasonably and a breach of that duty.

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Negligence: Reasonable Care

The standard for negligence is failing to take reasonable precautions against harm.

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Negligence: Breach of Duty

In negligence cases, the question is whether the defendant failed to use reasonable care, and if so, whether that breach of duty caused the plaintiff's harm.

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Negligence: Plaintiff's Case

In negligence cases, the plaintiff must prove that the defendant had a duty to care, breached that duty, and that the breach was the cause of their injuries.

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Consent as a Defense

Consent to an act generally bars a battery claim. However, consent is invalid if obtained through fraud, mistake, duress, or if the action goes beyond the consented scope.

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Consent to Unlawful Acts

Consent to an unlawful act, such as a crime, is generally not a defense to battery, unless the law specifically protects the class of people involved.

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Consent When Impaired

Consent given while intoxicated or impaired is invalid if the other party knew about the impairment.

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Consent in Medical Procedures

Patients generally consent to treatment by all hospital staff, but consent for specific procedures must be obtained from the patient even if they are physically able to give it.

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Consent to Operate Different Part

In non-emergency situations, separate consent is required to operate on a different body part than initially agreed upon.

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Trespass to Land - Elements

Trespass to land requires an intentional invasion of the plaintiff's possessory interest in their land.

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Intentional Entry (Trespass)

Trespass occurs even if the entry is unintentional. Intent refers to the act of entering, not necessarily the intent to trespass.

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Mistake as a Defense (Trespass)

Mistake is not a defense to trespass. Entering another's land, even by mistake, is still considered an intentional act.

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Reasonable Care

A legal standard requiring an individual to act with the caution that a reasonable person would exercise under similar circumstances to prevent foreseeable harm.

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Contributory Negligence

A legal doctrine where a plaintiff's own negligence, even partially, bars them from recovering damages from a defendant.

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Comparative Negligence

A legal doctrine where a plaintiff's recovery is reduced proportionally to their fault, but they are not completely barred from recovery.

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Moral Compulsion

A subjective belief or feeling of moral obligation that does not excuse an individual from meeting the objective standard of reasonable care.

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Reasonable Man Standard

The legal standard used to determine negligence, requiring individuals to act like a hypothetical 'reasonable person' under the same circumstances.

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Duty of Common Carriers

Common carriers have a legal obligation to ensure the safety of their passengers while they are on board their vessel. This includes protecting passengers from harm caused by luggage or other objects.

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Social Host Liability (Majority Rule)

In most jurisdictions, social hosts are not legally responsible for injuries caused by guests who have consumed alcohol at their parties, even if the guests later injure themselves or others.

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Social Host Liability (Minority Rule)

Some states hold social hosts liable for injuries caused by their intoxicated guests to third parties. This liability is limited to injuries caused outside the host's property.

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Dram Shop Acts

State laws that hold businesses that sell alcohol responsible for injuries caused by intoxicated patrons who were served alcohol while already intoxicated. These acts usually do not apply to injuries sustained by the intoxicated customer themselves.

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Public Duty Doctrine

This rule prevents individuals from suing government entities for injuries caused by government employees' failure to fulfill a general public duty, as opposed to a specific duty owed to that individual.

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Duty to Protect Those Who Help Prosecute Criminals

Despite the public duty doctrine, government entities have a duty to protect those who help prosecute criminals, as this encourages public cooperation with law enforcement.

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Duty to Trespassers

Landowners owe a duty to trespassers to avoid intentional harm or reckless conduct. They also have a duty to warn trespassers about known dangerous conditions, especially when the trespassers frequent a specific area.

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Duty to Known Trespassers

Landowners have a greater duty to known trespassers. They must take reasonable care to prevent harm to known trespassers, especially when the landowner's activities present a danger to the public, such as a leaking gas line.

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Negligence: Foreseeable Harm

A key factor in negligence is whether a reasonable person would have foreseen the likelihood of harm resulting from their actions. This involves both the probability of harm occurring and the severity of that harm.

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Negligence: Burden of Precautions

A crucial part of negligence analysis is weighing the cost or burden of taking precautions to prevent harm against the likelihood and severity of that harm.

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Compliance Errors: Negligence

Failing to comply with established standards of care, even those commonly agreed upon, is considered negligence. This can involve a lack of vigilance or repetition of a careless act.

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Res Ipsa Loquitur: The Thing Speaks For Itself

Res ipsa loquitur is a legal doctrine where the mere occurrence of an accident is strong evidence of negligence. It allows the Plaintiff to avoid proving specific negligence by showing that the incident wouldn't normally occur without carelessness.

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Res Ipsa Loquitur: Difference from Negligence Per Se

Res ipsa loquitur shifts the burden of proof to the Defendant to show they weren't negligent, while negligence per se establishes negligence based on a violation of a statute or rule.

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Res Ipsa Loquitur: Elements

To establish res ipsa loquitur, the Plaintiff must show the accident ordinarily wouldn't happen without negligence, the defendant had control over the instrumentality causing the harm, and the Plaintiff wasn't contributing to the cause.

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Ybarra v. Spangard (188)

This case established that res ipsa loquitur may apply in medical situations where multiple parties could have been negligent and the Plaintiff can't prove specifically who was at fault.

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Res Ipsa Loquitur: Rebuttal

The Defendant can rebut res ipsa loquitur by presenting sufficient evidence that the accident occurred due to non-negligent causes, shifting the burden back to the Plaintiff.

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Statutory Duty

A legal obligation imposed by a statute or law to protect others from harm, regardless of intent. For example, a driver has a statutory duty to obey traffic signals.

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Undertaking to Help

A voluntary promise or agreement to assist someone, which creates a duty of care to perform that promise reasonably. This can arise from a formal contract or informal agreement.

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Special Relationship Duty

A legal duty to protect another person from harm due to an existing relationship where one party is in a position of power or control over the other.

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Common Carrier Duty

A legal duty to ensure the safety of passengers while they are on board a common carrier (like a bus or train).

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Innkeeper Duty

A legal duty to protect guests from harm while they are staying at an inn or hotel.

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Landowner Duty (Open to Public)

A legal duty to protect individuals lawfully on their property from harm caused by dangerous conditions on the land.

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Employer Duty (Employees)

An employer's legal duty to protect employees from harm while at work, including providing a safe work environment and reasonable responses to workplace injuries or illnesses.

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Custodian Duty

A legal obligation to protect individuals in custody from harm when the custodian has superior ability to protect them.

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ROWLAND Case

A California case that abolished the distinction between trespassers, licensees, and invitees in tort law, applying common law negligence to determine landowner liability.

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Standard of Care: Common Carriers

Common carriers have a heightened standard of care, meaning they must exercise a higher level of caution to protect passengers.

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Standard of Care: Host Drivers

Host drivers generally have a reduced standard of care compared to common carriers. However, some states have statutory regulations impacting this.

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Standard of Care: Children

Children are held to a standard of care reasonable for their age, maturity, and intelligence.

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Duty to Act: Prior Conduct

If your actions unintentionally create a risk of harm, you have a duty to take reasonable care to prevent the harm from occurring.

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Duty to Aid: Harm Caused by Actor

If your actions, whether intentional or not, cause harm to someone, you have a duty to take reasonable care to prevent further harm.

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Undertaking to Render Services

If you gratuitously or for pay agree to help someone, you have a duty to act reasonably to prevent harm caused by your failure to perform the service.

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Negligence: Accidents vs. Intentional Torts

Negligence involves accidents caused by carelessness while intentional torts involve deliberate actions causing harm.

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Mental Competency & Tort

Insanity or mental deficiency generally isn't a defense for wrongful acts. However, if the condition was solely caused by duty performance, negligence may be negated.

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Standard of Care for Those With Disabilities

Individuals with disabilities are held to the reasonable person standard, but they must take reasonable precautions to account for their limitations.

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Children's Negligence

Children are held to a standard of care based on their age and experience. Younger children are generally presumed incapable of negligence.

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Superior Abilities & Duty

Individuals with superior abilities (strength, vision, etc.) must use them reasonably to prevent harm. Ignoring those abilities can lead to negligence.

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Elements of Negligence

To prove negligence, the plaintiff must show: (1) duty of care, (2) breach of that duty, (3) causation (their harm was caused by the breach), and (4) actual harm or injury.

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Reasonable Person Standard

The standard of care in negligence is to act as a hypothetical 'reasonable person' would under similar circumstances.

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Contributory vs. Comparative Negligence

Contributory negligence completely bars recovery if the plaintiff was partly responsible, while comparative negligence reduces damages proportionally to their fault.

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Moral Compulsion Not an Excuse

Feeling a 'moral obligation' does not excuse failure to meet the objective standard of reasonable care in negligence cases.

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Res Ipsa Loquitur: Requirement II

The negligence of one defendant does not reduce the likelihood of another defendant's negligence. This establishes a shared responsibility potentially leading to liability for both.

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Ybarra Rule & Multiple Defendants

In medical negligence cases, if a patient experiences unusual injuries while unconscious under the care of multiple parties, all those who had control over the patient's body or the instrumentalities that could have caused the injuries may be jointly liable.

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Res Ipsa Loquitur: Group Liability

Res ipsa loquitur can be applied to a group if they work together as a team, such as a hospital or a clinic.

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Res Ipsa Loquitur: Lack of Plaintiff Contribution

For res ipsa loquitur to apply, the plaintiff's injury must not be a result of their own voluntary action or a contribution to the cause.

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Wolf v. American Tract: Proof of Causation

Identifying the author of the wrong requires some evidence or proof.

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Bond v. Otis Elevator: Lack of Group Liability

Res ipsa loquitur doesn't apply to random individuals acting independently, but only to groups that work together as a team.

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Attractive Nuisance

A landowner is liable for injuries to trespassing children if they know or should know children are likely to trespass and the property has an artificial condition that's dangerous to children. Elements include: a) knowledge of trespassing children, b) dangerous condition, c) children's unawareness of danger, d) low utility and high risk, and e) failure to exercise reasonable care.

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Duty of Care: Trespassing Children (Restatement §339)

Landowners have a heightened duty to protect trespassing children from injuries caused by artificial conditions on their property. They must take steps to reasonably prevent harm, especially when the condition is known to attract children and poses a significant risk.

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Breach of Duty (Negligence)

A defendant breaches their duty of care by failing to act reasonably in light of the relevant standard of care (SOC). This means they created an unreasonable risk of harm, often determined using a BPL (burden-probability-liability) analysis.

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BPL Analysis

A key method for determining if a defendant breached their duty of care. It weighs the burden of taking precautions against the probability of the harm occurring and the potential severity of the harm.

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Direct vs. Circumstantial Evidence

Direct evidence directly proves a fact, while circumstantial evidence allows a fact to be inferred from other proven facts. Both can be used to prove a breach of duty in negligence cases.

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Common Knowledge vs. Expert Testimony

Common knowledge refers to facts that are generally accepted by a community, while expert testimony provides specialized knowledge from a qualified expert. Both can be used to establish standards of care and breach of duty.

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Preponderance of the Evidence

The standard of proof in most civil cases, including negligence. It means that the evidence must be more likely than not to prove the truth of the claim. It's a higher burden than mere suspicion but less than absolute certainty.

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Knowledge of Children Playing (Keffe)

In attractive nuisance cases, the knowledge that children are playing near the dangerous condition can be interpreted as the landowner alluring them. This creates a heightened duty to protect them from the danger.

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Offensive Contact

Touching another person in a way that is offensive to a reasonable sense of personal dignity, or highly offensive to a person with unusual sensitivity, when the actor knows of that sensitivity.

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Implied License

A situation where a person's presence or conduct suggests they have implied consent to be in a certain location or engage in specific activities, allowing for some contact.

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Unusual Sensitivity

When a person is unusually sensitive to touch, and the actor knowingly interacts in a way that is highly offensive to that sensitivity.

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Apparent Consent

When a person's words or conduct reasonably suggest they consent to the contact, even if they didn't explicitly say so.

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Communicated Offensiveness

If a person communicates that they would be offended by a specific touch, even if it is not usually offensive, it can constitute battery.

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One Degree of Care

The principle that everyone owes the same standard of care to others, regardless of their profession or expertise, unless modified by a court or statue.

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Superior Knowledge

When someone with specialized knowledge or training is expected to use that knowledge to prevent harm, even if it exceeds the regular 'reasonable person' standard.

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Sports Personal Injury

In many places, the standard of care for injuries during sports is higher, often requiring reckless disregard of safety, not just negligence, for liability.

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Negligence Per Se

When an action violates a statute or regulation, it's automatically considered negligent, without needing to prove carelessness.

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Is Negligence Per Se Applicable?

Judges decide if a violation of a statute creates negligence per se, considering if the law sets a specific standard, if it protects against the harm that occurred, and if the plaintiff was in the protected group.

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Excuse Instruction

In negligence per se cases, a defendant may be able to avoid liability if they can prove an Excuse, such as a medical emergency, showing their violation was justified.

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Restatement (Third) of Torts

A collection of legal principles, including the rule that violation of a protective statute is negligence per se unless the violation is excused.

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Excused Violations

The violation of a statute may not be negligence if it's excused by factors like the actor's childhood, disability, or physical limitations.

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Statutory Violation Defense

A defendant can avoid liability for violating a statute if they can show they exercised reasonable care, were unaware of the circumstances making the statute applicable, the statute was confusing, or compliance would have created a greater risk.

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Medical Malpractice Standard of Care

A physician must exercise the same degree of care, skill, and proficiency that reasonably careful, skillful, and prudent practitioners in the same class would exercise under similar circumstances.

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Expert Witness Locality Rules

These rules determine the geographic scope from which an expert witness must come to testify in a medical malpractice case. They range from strict locality to national standards.

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What is the 'Modified Locality' Rule?

This rule requires expert witnesses in medical malpractice cases to come from similar markets, considering factors like geographical location, size, and medical facilities.

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National Medical Standard

This standard allows expert witnesses from anywhere in the U.S. to testify about the national standard of care in medical malpractice cases.

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Voluntary Act

An act must be volitional or voluntary; it must be a conscious and controlled movement of the body. Unconscious acts, such as those during sleep or a seizure, are not considered voluntary.

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Legal Incompetence (Battery)

Legal incompetence (such as insanity or having a mental illness) is not a legal defense for battery. The defendant's act must still be voluntary to make them liable.

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Imminent Apprehension (Assault)

The plaintiff must have a reasonable apprehension of an immediate battery; the threat of contact must be perceived as imminent. Mere words, without an accompanying act, are not enough.

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Apprehension vs. Fear (Assault)

The plaintiff must have been aware of the defendant's threatening act at the time, before it is terminated. Apprehension is all that is required, the plaintiff doesn't need to be afraid.

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Transferred Intent (Battery)

If the defendant intends to harm one person but accidentally harms another, the intent transfers, making the defendant liable for battery against the unintended victim.

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Joke is no defense (Assault)

The fact that the defendant meant the act as a joke is not a legal defense for assault. If the plaintiff reasonably apprehends imminent harmful or offensive contact, the defendant is still liable.

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Statutorily Imposed Duty

A legal obligation to act in a certain way, determined by a statute or law. For example, drivers have a statutory duty to obey traffic signals.

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Employer-Employee Duty

An employer's legal duty to protect employees from harm while at work. Includes providing a safe environment and responding to injuries or illnesses.

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Negligent Entrustment

Liability for giving a dangerous item (like a weapon or keys) to someone who is likely to use it recklessly. Like giving a car to a drunk person.

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Commercial Vendors of Alcohol

Businesses selling alcohol on-premises have a duty to prevent injuries caused by intoxicated patrons. Think of bars or restaurants.

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No Duty to Rescue

Generally, there's no legal obligation to help someone in danger, unless you caused the danger or have a special relationship.

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Res Ipsa Loquitur?

A legal doctrine where negligence is presumed from the mere occurrence of an accident, shifting the burden of proof to the defendant to show they weren't negligent. It applies when the accident wouldn't normally happen without negligence, the defendant controlled the instrumentality, and the plaintiff didn't contribute to the cause.

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What are the 5 approaches to NIED?

These are different legal approaches to determining liability for negligent infliction of emotional distress (NIED). They include the Impact Rule (physical contact required), Zone of Danger, Physical Consequences, Foreseeability, and Pre-Existing Duty.

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What are the elements of Res Ipsa Loquitur?

To establish Res Ipsa Loquitur, the plaintiff must prove: 1) the accident wouldn't normally happen without negligence, 2) the defendant had control over the instrumentality causing harm, and 3) the plaintiff didn't contribute to the cause.

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RST § 46: Negligent Conduct Directly Inflicting ED

This Restatement of Torts section states that an actor is liable for serious emotional distress caused by their negligence if it (a) placed another in immediate danger of bodily harm OR (b) occurred in situations where negligent conduct is likely to cause severe emotional distress (like a doctor-patient relationship).

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RST § 47: Conduct Intended to Invade Other Interests

This Restatement of Torts section covers liability for emotional distress caused by negligent conduct that harms a third person. An actor is liable if they negligently injure a third person, and the plaintiff: (a) witnessed the event, and (b) is a close family member of the injured person.

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Fraudulent Consent

Consent obtained through deception is still valid if the parties perform the agreed-upon actions.

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Restricted Consent

Entering land with a specific condition or restriction only grants privilege to the extent that the condition is met.

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Conversion

Intentionally interfering with another's right to control their personal property.

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Elements of Conversion

Conversion requires intentional exercise of dominion or control over another's chattel that seriously interferes with their rights.

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Ways of Committing Trespass to Chattel

Trespass to chattel can occur by dispossessing someone, using or interfering with their property, or causing harm.

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Acts of Conversion

Examples of actions that constitute conversion include theft, selling, refusing to return, damaging, or misusing property.

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Liability to Person in Possession

Someone who commits trespass to chattel is liable if they dispossess, impair, deprive, or cause harm.

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Intentional (Conversion)

For conversion, the intent required is to perform the act that interferes with the plaintiff's possession rights.

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Exceeding the Scope of Consent

Using property beyond the agreed-upon terms or transferring it to someone else constitutes conversion.

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Instigation (False Imprisonment)

Encouraging, inviting, or directing someone to unlawfully confine another person.

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False Imprisonment (No Probable Cause)

Liability arises when someone instigates an arrest without probable cause, provides false information to authorities, or uses persuasion as the deciding factor.

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Assault (Intent)

In assault, intent means acting with substantial certainty that your action will cause the other person to reasonably fear immediate harmful or offensive contact.

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Assault (Transferred Intent)

If you intend to harm one person but your actions make another person fear immediate harmful or offensive contact, you are liable for assault.

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Assault (Elements)

Assault requires (1) intentional (2) act that creates imminent apprehension in the victim (3) of harmful or offensive physical contact.

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Assault (Character of Intent)

To be liable for assault, you must have intended to make the victim fear harmful or offensive contact.

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Trespass to Land (Intentional Entry)

Trespass occurs when you intentionally enter another person's land, even if you do so by mistake.

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Mental Incompetence as a Defense

Insanity or mental deficiency is generally not a defense to wrongful acts. A person is still held to the reasonable person standard, even if they have a mental condition.

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Standard of Care for Disabled Individuals

Individuals with disabilities are held to the reasonable person standard, but they must take reasonable precautions to account for their limitations.

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Children's Negligence Standard

Children are held to a standard of care based on their age, experience, and intelligence. Younger children are generally presumed incapable of negligence.

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What is the 'Reasonable Person' Standard?

The standard of care for negligence is to act as a hypothetical 'reasonable person' would under similar circumstances. This means acting with the caution that a reasonable person would take to prevent foreseeable harm.

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Study Notes

Torts Outline

  • General:
    • Types of verdicts - directed verdict (rare)
    • Torts are civil suits seeking compensation from another party
    • Tort law creates fairness in society, aiming for corrective justice
    • Intentional Tort: Deliberate contact
    • Unintentional Tort: Inadvertent harm
    • Strict Liability: Defendant liable for damages regardless of how action occurred.
    • Negligence Liability: Defendant liable if they failed to exercise reasonable care, causing harm.
    • Case of Nonliability: Defendant not liable, there is no compensation.
    • Eggshell Skull Rule: Defendant is liable for the full extent of harm, even if the severity is due to the plaintiff's existing condition, even if it was not known by the defendant.
  • Intentional Tort - Battery:
    • Prima Facie Case: An act by a person, with intent to cause offensive contact, with another (without consent), and actual contact occurs.
    • Elements: (A) Intent to touch, (B) Touch occurring, and (C) Offensive contact.
    • Act: External manifestation of will (voluntary). An act by commission or omission. Includes conscious acts.
    • Intent: Purpose intent, substantial certainty that contact occurred. Motives behind intent are irrelevant.
    • Offensive Contact: Objective standard- Did a reasonable person find the contact offensive?

Intentional Tort - Further Points

  • Rule of Transferred Intent: Intent is transferred if the defendant intends to cause harm to one person, but harms a different person.
  • Touching: Direct contact person-to-person, a contact with an object closely attached to a person, or a contact that doesn't need to be physically felt (e.g., smoke).
  • Consent: Consent as a defense to battery. Understanding of voluntary consent manifested by actions or inactions.
  • Offensive Contact: If an otherwise non-offensive contact is deemed offensive by the plaintiff, it can be considered a battery.
  • Lack of intent leads to no liability for battery.

Other Defenses

  • Consent: Agreement to the act. May be expressed or implied.
  • Self-Defense: Reasonable force to defend against an immediate threat of harm

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Torts Outline PDF

Description

This quiz covers key concepts in tort law, including types of torts, liability, and the principles of intentional and unintentional torts. Explore the nuances of negligence and the Eggshell Skull Rule as they relate to liability in tort cases. Perfect for students studying law or preparing for exams.

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