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?

Individuals with mental defects are still required to act reasonably. Signup and view all the answers

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

Friedman v. State Signup and view all the answers

What is a directed verdict?

A ruling by the judge to not proceed to jury trial after a case has been presented Signup and view all the answers

Which of the following is true about intentional torts?

They involve deliberate contact causing harm or offense Signup and view all the answers

Which of the following best describes strict liability?

Liability where the defendant pays damages regardless of intention or negligence Signup and view all the answers

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

That there was no consent and harmful or offensive contact occurred Signup and view all the answers

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

It provides full liability for the extent of harm caused regardless of prior conditions Signup and view all the answers

Which element is NOT necessary to establish a battery?

Intent to harm Signup and view all the answers

In what situation is an act considered involuntary?

When done during sleep or seizure Signup and view all the answers

What is the primary focus of tort law?

To promote fairness and corrective justice in civil matters Signup and view all the answers

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

It is considered as no consent in battery cases. Signup and view all the answers

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

If the other party knows about the impairment. Signup and view all the answers

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

New consent must be obtained. Signup and view all the answers

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

The individual must know they are on another's property. Signup and view all the answers

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

Consent must be obtained if it is not an emergency. Signup and view all the answers

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

Intentional entry onto another's possessory interests. Signup and view all the answers

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

Victims may still claim damages despite giving consent. Signup and view all the answers

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

Only intent to be on the land is necessary. Signup and view all the answers

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

When they reasonably believe it is necessary to prevent public disaster Signup and view all the answers

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

If the actions were considered within the state's police power Signup and view all the answers

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

The force must not be excessive and must maintain order 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?

Breach of duty Signup and view all the answers

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

The defendant owed a duty to the plaintiff Signup and view all the answers

Under which circumstance is corporal punishment considered justified?

In cases involving life and death situations Signup and view all the answers

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

They must demonstrate a lack of reasonable care Signup and view all the answers

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

Public necessity Signup and view all the answers

What is a common carriers' primary duty towards passengers?

To ensure passengers' safety while on their vessel Signup and view all the answers

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

When the majority of law rules apply Signup and view all the answers

What is the Public Duty Doctrine primarily concerned with?

Public injuries resulting from individual negligence Signup and view all the answers

What affirmative obligation is imposed on landowners regarding trespassers?

To use care for those who come onto their property Signup and view all the answers

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

Landowners must refrain from intentional harm Signup and view all the answers

Under Dram Shop Acts, what is specifically prohibited?

Selling alcohol to already intoxicated customers Signup and view all the answers

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

When there is a known danger created by the landowner 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?

The seller may face liability for the customer's actions Signup and view all the answers

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

The type of accident suggests that negligence has likely occurred. Signup and view all the answers

Which scenario best illustrates a compliance error in negligence?

A factory worker failing to wear protective gear as required. Signup and view all the answers

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

Accidents must have occurred through someone’s negligence to be actionable. Signup and view all the answers

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

By providing proof of their adherence to standard safety protocols. Signup and view all the answers

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

The reasonable expectation of outcomes following specific actions. Signup and view all the answers

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

A driver exceeding the speed limit and colliding with another vehicle. Signup and view all the answers

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

Res Ipsa Loquitur requires jury involvement, while negligence per se does not. Signup and view all the answers

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

The cost and effort required to implement safety measures. Signup and view all the answers

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

If the custodian has superior ability to protect them Signup and view all the answers

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

A neighbor and a visitor Signup and view all the answers

Which of the following statements is true regarding negligent entrustment?

It involves the provision of a chattel to someone who is likely to use it negligently. Signup and view all the answers

What is the Rescue Doctrine primarily focused on?

Protecting rescuers from liability unless acting recklessly. 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?

There must be a specific dangerous habit known to the parent. Signup and view all the answers

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

They may be held liable for injuries caused by intoxicated patrons. 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?

Use their abilities to avoid the danger Signup and view all the answers

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

There must be an identifiable victim for the duty to arise. Signup and view all the answers

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

They are presumed incapable of negligence Signup and view all the answers

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

An immediate threat that requires prompt action. Signup and view all the answers

What is required from a plaintiff to prove negligence?

Demonstrating that a duty existed Signup and view all the answers

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

A standard adjusted for their mental capacity Signup and view all the answers

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

They must take precautions similar to a reasonable person Signup and view all the answers

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

They are presumed incapable but can be liable under certain conditions Signup and view all the answers

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

Their mental state was solely due to the act in question Signup and view all the answers

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

They are expected to act as a reasonable person would Signup and view all the answers

What standard of care is expected of common carriers?

Heightened standard of care Signup and view all the answers

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

If they are participating in a typically adult activity that poses danger Signup and view all the answers

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

To prevent further harm if they know the person is helpless 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?

Take reasonable measures to prevent the risk from materializing Signup and view all the answers

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

Increased risk of harm makes the provider liable for negligence Signup and view all the answers

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

RST 321 focuses on preventing previously caused harm, while RST 322 addresses the need for aid after harm has occurred 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?

Any individual providing services Signup and view all the answers

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

If the passenger is inebriated Signup and view all the answers

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

Ensure passenger safety while on their vessel Signup and view all the answers

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

When intoxicated guests cause injury to a third party Signup and view all the answers

What does the Public Duty Doctrine state regarding governmental liability?

Governmental entities cannot be held liable if a breach of duty is to the general public Signup and view all the answers

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

A duty to prevent accidental harm and warn about dangers Signup and view all the answers

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

They cannot attach liability for injuries sustained by the intoxicated individual Signup and view all the answers

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

Only frequent or known trespassers Signup and view all the answers

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

If the activity on property endangers public safety Signup and view all the answers

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

They have no liability for accidents resulting from alcohol consumed by guests 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?

That children are likely to trespass on the property. 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?

The artificial condition poses a risk of serious harm. Signup and view all the answers

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

The owner of the property must have created the artificial condition. Signup and view all the answers

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

Cost-benefit analysis of the potential harm vs. precaution. Signup and view all the answers

What type of evidence is considered circumstantial in proving negligence?

Inferences drawn from facts surrounding the incident. Signup and view all the answers

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

Failing to warn children about a steep drop near a playground. 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?

They had taken all possible precautions to mitigate risks. 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?

Weirs v Jones Signup and view all the answers

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

Defendant B's negligence must not lessen the probability of defendant A's negligence. Signup and view all the answers

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

If they had any control over the plaintiff's body or the instrumentalities involved. 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?

Wolf v American Tract Signup and view all the answers

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

The plaintiff's actions cannot contribute to the injury for liability to be established. Signup and view all the answers

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

Defendants must demonstrate a high level of integration in their actions to apply res ipsa. Signup and view all the answers

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

It demonstrates the impossibility of recovery if the cause of the incident is unknown. Signup and view all the answers

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

The harm must be of a type that ordinarily does not occur in the absence of negligence. 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?

Only those with direct control over the situation are liable. Signup and view all the answers

What constitutes offensive contact under tort law?

Contact that is offensive to an average person’s dignity. 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?

Wishnatsky v Huey Signup and view all the answers

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

The contact must offend a communicated sense of dignity. Signup and view all the answers

How is apparent consent defined in relation to torts?

Any behavior that can be interpreted as a willingness to engage. Signup and view all the answers

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

If it is determined that avoiding contact would cause undue burdens. Signup and view all the answers

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

Leichtman v WLW Signup and view all the answers

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

Objective standard based on societal norms. Signup and view all the answers

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

Expressing objection to contact can establish battery. Signup and view all the answers

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

The violation is due to unclear requirements presented to the public. Signup and view all the answers

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

The degree of care practiced by a reasonably careful professional in the same field. 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?

Modified Locality Signup and view all the answers

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

Modified Locality Rule Signup and view all the answers

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

Expert testimonies about procedures in similar circumstances. Signup and view all the answers

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

It allows expert witness testimonies from anywhere in the U.S. Signup and view all the answers

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

When the medical condition in question is widely understood by the public. Signup and view all the answers

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

Confusion can excuse the violation if it leads to non-compliance. Signup and view all the answers

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

It is applicable when safety measures are inadequate but do not violate the hand formula. Signup and view all the answers

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

Claimants must have witnessed the accident occur to recover damages. Signup and view all the answers

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

To be liable, conduct must directly place the victim in immediate danger. 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?

The judge modifies the jury instructions or evidence on breach. Signup and view all the answers

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

The third party must be a close family member and perceive the event contemporaneously. Signup and view all the answers

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

Reckless disregard for safety. Signup and view all the answers

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

Impact rule Signup and view all the answers

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

The judge's decision regarding the statute's application. Signup and view all the answers

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

The violation is reasonable due to the defendant's incapacitation. 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?

The economic status of the defendant. Signup and view all the answers

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

The specific harm caused aligns with the statute's intent. Signup and view all the answers

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

When the risk involved is inherent to the sport. Signup and view all the answers

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

An actor is negligent if they violate a statute designed to prevent specific accidents. Signup and view all the answers

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

When the passenger is in imminent danger while on the bus. Signup and view all the answers

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

An obligation to provide a safe environment at all times. Signup and view all the answers

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

A therapist with a patient suffering from severe anxiety. Signup and view all the answers

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

The rescuer must have assumed the duty and acted reasonably. Signup and view all the answers

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

A neighbor watching over a pet. Signup and view all the answers

Which of the following best defines negligent entrustment?

Loaning a weapon to a person with a drinking problem. Signup and view all the answers

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

When there is a specific known threat that could harm the child. Signup and view all the answers

What does the Rescue Doctrine establish regarding contributions to negligence?

Rescuers are only responsible if they enter a dangerous situation recklessly. Signup and view all the answers

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

Conscious intent to harm the plaintiff Signup and view all the answers

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

Imminent apprehension involves an immediate threat of harmful contact. Signup and view all the answers

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

The threats lacked the element of immediacy. Signup and view all the answers

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

Intent to create apprehension must accompany an overt act. Signup and view all the answers

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

Certain environments redefine what is considered offensive. Signup and view all the answers

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

They may be considered assault if the defendant is not privileged. Signup and view all the answers

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

When the plaintiff reasonably perceives the threat intended for a third party. Signup and view all the answers

Which statement best describes the liability related to unconscious acts?

Unconscious acts are not seen as volitional and cannot create liability. 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?

They believe it to be necessary. Signup and view all the answers

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

When property is damaged during the apprehension of a suspect. Signup and view all the answers

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

It must be proportionate to the child's previous conduct. Signup and view all the answers

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

The defendant held a legal duty towards the plaintiff. Signup and view all the answers

What constitutes instigation in the context of false imprisonment?

Encouraging the authorities to take unlawful action against a person Signup and view all the answers

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

Reasonable judgment and discretion must be exercised. 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?

That the party conveyed misleading information resulting in an arrest Signup and view all the answers

What foundational element is necessary to establish a negligence claim?

The defendant breached a duty by failing to act with reasonable care. Signup and view all the answers

What element is required to establish a claim of assault?

An act that creates imminent apprehension of harm 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?

Transferred liability between A and B Signup and view all the answers

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

They may be held liable for negligence. Signup and view all the answers

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

Someone observing a person being chased and fearing for their safety Signup and view all the answers

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

The state must compensate for damages caused during emergency interventions. Signup and view all the answers

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

The intent to create apprehension for the victim Signup and view all the answers

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

The condition or restriction is complied with. Signup and view all the answers

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

A reasonable basis for believing that a crime has occurred Signup and view all the answers

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

The trespasser's belief was reasonable but induced by others. Signup and view all the answers

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

When the instigator accepts the final decision of authorities Signup and view all the answers

Which of the following acts constitutes conversion of a chattel?

Refusing to return a borrowed item after the agreed time. Signup and view all the answers

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

The possessor must have been dispossessed. Signup and view all the answers

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

Misusing the chattel with owner's consent. Signup and view all the answers

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

Leaving materials on the land beyond the agreed time. Signup and view all the answers

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

Mistake does not excuse trespass if no consent is present. Signup and view all the answers

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

Keeping a borrowed book beyond the due date. Signup and view all the answers

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

There must be a reduction in the chattel's value or condition. Signup and view all the answers

Which of the following statements about conversion is accurate?

Conversion can include misusing property even with consent. Signup and view all the answers

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

Their mental incompetence was solely due to their efforts to perform a duty. Signup and view all the answers

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

7 years and under. Signup and view all the answers

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

Vaugh v Menlove. Signup and view all the answers

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

To avoid greater dangers by employing their superior capabilities. Signup and view all the answers

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

They are held to the same standard as a reasonable person. 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?

They have a weaker presumption of incapability depending on the circumstances. Signup and view all the answers

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

They need to exercise care for their own safety based on their condition. Signup and view all the answers

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

Establishing that a duty existed. Signup and view all the answers

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

It abolished distinctions between different categories of entrants onto land. Signup and view all the answers

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

If they realize their action has created a risk of harm. Signup and view all the answers

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

Socioeconomic status Signup and view all the answers

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

They are required to exercise reasonable care to prevent further harm. Signup and view all the answers

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

RST 321 focuses on recognizing a risk before harm occurs. Signup and view all the answers

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

It discusses the negligent performance of services rendered. Signup and view all the answers

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

When involved in dangerous activities typically done only by adults. Signup and view all the answers

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

They are held to a heightened standard of care. Signup and view all the answers

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

If the jury is instructed on an excuse. Signup and view all the answers

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

It is based on reckless disregard for safety. Signup and view all the answers

What determines whether negligence per se applies in a case?

The protective purpose of the statute. Signup and view all the answers

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

The violation was reasonable in light of temporary conditions. Signup and view all the answers

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

Whether the statute provides for a private civil cause of action. Signup and view all the answers

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

When they act without a valid excuse for their behavior. Signup and view all the answers

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

Superior knowledge of the risks involved. Signup and view all the answers

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

Determining if excuses for violations are legally recognized. Signup and view all the answers

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

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

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.