Torts Overview and Intentional Tort: Battery
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Questions and Answers

What is necessary for conduct to be considered extreme and outrageous in a legal context?

  • It must be merely insulting
  • It must go above all possible decency (correct)
  • It must be acceptable in a professional setting
  • It must be typical behavior in society

Which situation exemplifies an abuse of power leading to liability?

  • A stranger making rude comments
  • A family member offering unsolicited advice
  • A doctor making abusive statements to a patient (correct)
  • A friend jokingly teasing another friend

Under what circumstances can contact be considered offensive according to RoT 3?

  • If the contact is offensive to a person's reasonable sense of dignity or known to be highly offensive to someone sensitive. (correct)
  • If the contact is accidental and the person does not express discomfort.
  • If the contact occurs in a private setting.
  • If the contact is intentional regardless of the context.

In what scenario can a plaintiff claim emotional distress caused by the defendant’s conduct directed at a third person?

<p>If a family member witnesses the event (A)</p> Signup and view all the answers

What did the Leichtman v. WLW case demonstrate regarding offensive contact?

<p>That purposeful acts deemed disgusting or insulting are considered offensive. (D)</p> Signup and view all the answers

What is required for liability in cases of severe emotional distress?

<p>Proof of true damages suffered (B)</p> Signup and view all the answers

In Wallace v. Rosen, what conclusion was reached regarding contact in crowded situations?

<p>Ordinary contacts that are customary and necessary can be expected and accepted. (B)</p> Signup and view all the answers

Which of the following can lead to liability for extreme and outrageous conduct?

<p>Flagrant abuses of power in a relationship (C)</p> Signup and view all the answers

What is meant by 'apparent consent' in the context of torts battery?

<p>Consent inferred from circumstances or actions that suggest willingness. (C)</p> Signup and view all the answers

In the context of emotional distress claims, what level of distress is not sufficient to create liability?

<p>Mere insults and petty expressions (D)</p> Signup and view all the answers

What aspect of communication is critical in establishing offensive contact when the individual has expressed their discomfort?

<p>Acts deemed unoffensive can become offensive once discomfort is communicated. (B)</p> Signup and view all the answers

What is the significance of the relationship between the defendant and the plaintiff in emotional distress cases?

<p>It must be viewed differently than for acquaintances (A)</p> Signup and view all the answers

What is the key factor in determining if contact is considered unduly burdensome?

<p>Whether public policy would allow for avoidance of such contact. (C)</p> Signup and view all the answers

What must a plaintiff demonstrate regarding the conduct of the defendant to claim severe emotional distress?

<p>That the conduct was intentional or reckless (B)</p> Signup and view all the answers

In the context of torts, which of the following statements is true regarding consent?

<p>Consent can still be established through an action or inaction. (C)</p> Signup and view all the answers

In the context of contact deemed offensive, what is the role of social customs?

<p>Social customs help establish what a reasonable person might find offensive. (D)</p> Signup and view all the answers

How do expert witnesses influence the determination of medical standards of care in court?

<p>The jury decides which standard to apply based on the testimonies. (A)</p> Signup and view all the answers

What standard applies if a physician cannot meet the industry standard?

<p>They should refer patients to another qualified practitioner. (D)</p> Signup and view all the answers

What stipulation is necessary for an expert witness to be considered qualified in a malpractice case?

<p>They should have expertise in the same area of medicine relevant to the case. (B)</p> Signup and view all the answers

Which statement best describes the standard of care expected from nurses?

<p>They are judged by the standards of nurses in similar practices. (C)</p> Signup and view all the answers

How do specialists differ when it comes to the standard of care in legal cases?

<p>They are judged by the standards of their specific specialty. (B)</p> Signup and view all the answers

What is the standard of care owed by hospitals to patients?

<p>They owe a duty of reasonable care as per national standards set by accrediting bodies. (A)</p> Signup and view all the answers

What is the primary expectation for a general practitioner in a legal context, according to established standards of care?

<p>To adhere to the average level of care provided by similarly qualified practitioners. (B)</p> Signup and view all the answers

How is the standard of care determined for nonmedical practitioners?

<p>By their specific school of belief or practice. (D)</p> Signup and view all the answers

Under what condition does a duty to control the conduct of a third person arise?

<p>When a special relationship exists between the actor and the third person (B)</p> Signup and view all the answers

What is the standard of care generally owed by a defendant to another party?

<p>Reasonableness in the context of the situation (A)</p> Signup and view all the answers

When can a lessor be said to owe a duty to their tenant or tenant's guests?

<p>If the lessor has knowledge of a defect that could cause harm (C)</p> Signup and view all the answers

Which of the following situations would NOT impose a duty on a landlord?

<p>If the tenant is aware of existing defects (D)</p> Signup and view all the answers

What must a person realize to potentially have a duty to act in an emergency?

<p>That the other person is incapable of helping themselves (D)</p> Signup and view all the answers

Which of the following is a true statement regarding lessors and trespassers?

<p>Lessors owe no duty to trespassers unless they are aware of them (C)</p> Signup and view all the answers

What is a possible consequence of an actor discontinuing aid or protection?

<p>Liability may arise if harm comes from leaving the person in a worse position (A)</p> Signup and view all the answers

Which consequence does NOT arise from the failure of an actor to exercise reasonable care?

<p>Imposition of strict liability regardless of circumstances (A)</p> Signup and view all the answers

Under what conditions can a possessor of land be held liable for physical harm to children trespassing on their property?

<p>If the condition creates a risk that the possessor should have known would cause harm. (C)</p> Signup and view all the answers

Which factor is NOT included in the criteria determining the liability of a possessor of land for child trespassers?

<p>The possessor must actively create the dangerous condition. (C)</p> Signup and view all the answers

How is the 'burden of proof' established in evaluating a defendant's breach of duty?

<p>The burden is on the plaintiff with a standard of preponderance of the evidence. (A)</p> Signup and view all the answers

What is essential for determining whether a condition involving child trespassers represents an unreasonable risk of harm?

<p>A balance of the utility of the condition versus the potential harm it may cause. (D)</p> Signup and view all the answers

In the context of liability for land possessors, what does 'soc' refer to?

<p>Standard of Care in fulfilling duty. (D)</p> Signup and view all the answers

Which legal case emphasizes the duty of care regarding children who cannot control themselves around potential dangers?

<p>Keffe v Railroad (B)</p> Signup and view all the answers

Which statement regarding the knowledge of children and potential risks does NOT reflect the underlying principles of liability?

<p>Possessors need to actively inform all children of risks present. (B)</p> Signup and view all the answers

Which element must be proven to establish a breach of duty by the defendant?

<p>The defendant created an unreasonable risk of harm. (D)</p> Signup and view all the answers

What is required for the application of requirement (II) regarding negligence of multiple defendants?

<p>The negligence of one defendant must not affect the other's negligence probability. (D)</p> Signup and view all the answers

In the context of res ipsa loquitur, what does the Ybarra case emphasize about defendant liability?

<p>All defendants who had control over the plaintiff or the instruments involved are potentially liable. (B)</p> Signup and view all the answers

Which statement accurately reflects the principle of res ipsa loquitur as related to groups of defendants?

<p>A higher degree of integration among defendants increases the likelihood of res ipsa being applicable. (A)</p> Signup and view all the answers

What requirement must be met for a plaintiff under res ipsa loquitur to establish negligence?

<p>The plaintiff must not have engaged in any voluntary actions leading to their injuries. (D)</p> Signup and view all the answers

In the case of Wolf v American Tract, what must be established to hold defendants liable?

<p>Jurors must identify the specific author of the wrong. (D)</p> Signup and view all the answers

What does the Bond v Otis Elevator case illustrate about team dynamics in liability?

<p>Defendants must be part of a coordinated team effort to be held liable. (A)</p> Signup and view all the answers

What legal principle prevents innocent parties from being held liable according to the content?

<p>It is better for the injury to go without redress than to hold innocent parties responsible. (C)</p> Signup and view all the answers

How does the Judson v Giant Powder Co case relate to the unpredictability of injuries?

<p>Massive and unforeseen injuries complicate identifying responsible parties. (B)</p> Signup and view all the answers

Under what conditions are possessors of land not liable for physical harm to trespassers?

<p>When they fail to exercise reasonable care in activities that endanger trespassers. (B)</p> Signup and view all the answers

What duty does a landowner have towards known trespassers regarding highly dangerous conditions?

<p>To exercise reasonable care regarding the dangerous aspects of the land. (D)</p> Signup and view all the answers

Which of the following correctly summarizes the Attractive Nuisance doctrine?

<p>Liability arises if a hazardous condition attracts children who cannot understand the risks. (C)</p> Signup and view all the answers

What is the primary aspect of liability for a landowner concerning activities that are dangerous to constant trespassers?

<p>Understanding the presence of trespassers and acting with reasonable care. (C)</p> Signup and view all the answers

In relation to trespassers, what distinguishes a failure to warn from a general failure to exercise care?

<p>A failure to warn specifically concerns dangers that are not readily discoverable by trespassers. (A)</p> Signup and view all the answers

What standard applies to possessors of land regarding discovered licensees?

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

Under what conditions can a possessor of land be found liable for conditions known to them that pose a risk to licensees?

<p>If they expect licensees will not realize the danger (A)</p> Signup and view all the answers

What is the key determining factor for the 'attractive nuisance' doctrine related to child trespassers?

<p>The attractiveness of the object causing harm (D)</p> Signup and view all the answers

What does the standard of care become for undiscovered licensees according to the legal principles discussed?

<p>A reduced standard of care is applicable (D)</p> Signup and view all the answers

Which statement best describes the liability concerning frequent trespassers on a property?

<p>Possessors may be liable if they knew of the risk to those individuals (D)</p> Signup and view all the answers

In Lordi v Spiotta, what was emphasized regarding the liability of a possessor of land?

<p>A possessor is liable for conditions they could have discovered (D)</p> Signup and view all the answers

What critical element must be met for a licensee to succeed in a claim against a land possessor for physical harm?

<p>The possessor had actual knowledge of the hazard (B)</p> Signup and view all the answers

Which scenario would likely fall under the doctrine of 'attractive nuisance'?

<p>A child wandering near a construction site with barriers (D)</p> Signup and view all the answers

Under what conditions can a defendant be held liable for discontinuing assistance after initially offering help?

<p>If the defendant's actions leave the plaintiff in a worse position. (B), If third parties are discouraged from helping due to the defendant's initial actions. (D)</p> Signup and view all the answers

Which statement accurately represents the concept of 'duty to rescue' as outlined in the content?

<p>Ship owners must make strenuous efforts to rescue individuals who are overboard. (A)</p> Signup and view all the answers

In which situation can a defendant be deemed to have assumed a duty of care towards a plaintiff?

<p>When a defendant gives keys to a friend who is intoxicated. (A)</p> Signup and view all the answers

What constitutes a special relationship that may result in liability for a defendant?

<p>The relationship between a captain and the crew aboard a ship. (B)</p> Signup and view all the answers

Which scenario exemplifies a lack of duty to act in a negligent interference context?

<p>A driver witnesses another driver swerving and does nothing. (C)</p> Signup and view all the answers

In Larson v Francis, what aspect of exclusive control is emphasized regarding liability?

<p>Exclusive control can include the right to control the instrumentality causing the injury. (C)</p> Signup and view all the answers

What barrier does the public duty doctrine create regarding the duty to assist others?

<p>Individuals do not have an obligation to assist strangers in distress. (D)</p> Signup and view all the answers

Which of the following statements is true regarding the undertaking of duties in negligence cases?

<p>If a defendant's initial help is reasonable, they remain liable even if stopped. (D)</p> Signup and view all the answers

What must be demonstrated to invoke the doctrine of res ipsa loquitur in a legal case?

<p>The instrumentality causing the injury must be under the exclusive control of the defendant. (D)</p> Signup and view all the answers

In Braunuer v Peterson, what was highlighted regarding events leading to negligence?

<p>Events that are rarely occurring cannot indicate negligence. (A)</p> Signup and view all the answers

What does RST 315 state regarding a defendant's duty to control a third party?

<p>A defendant is only liable if a direct relationship with the third party exists. (C)</p> Signup and view all the answers

What conclusion was reached in Guthrie v Powell regarding unusual events?

<p>Such events are typically without any negligence involved. (C)</p> Signup and view all the answers

How does the case of Wilson v Stillwill impact the understanding of liability in unusual occurrences?

<p>Rarity does not negate liability if negligence is present. (A)</p> Signup and view all the answers

What does the content imply about the presence of multiple negligent parties?

<p>Multiple negligent parties can complicate the application of comparative negligence. (C)</p> Signup and view all the answers

In Connolly v Nicollet, what factor was most relevant to the hotel's liability?

<p>Prior knowledge of potential risks associated with hotel parties. (C)</p> Signup and view all the answers

Regarding the influence of comparative negligence, which option best represents its effect on defendant liability?

<p>It might reduce a plaintiff’s claim but does not eliminate a defendant’s liability. (A)</p> Signup and view all the answers

What obligation do common carriers have towards their passengers?

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

Under what circumstances can social hosts be held liable for injuries to third parties caused by their guests?

<p>When the guest is intoxicated and injures a third party. (A)</p> Signup and view all the answers

What limitation does the Public Duty Doctrine impose upon governmental entities?

<p>They cannot be held liable for individual injuries unless specifically legislated. (D)</p> Signup and view all the answers

What is the landowners' duty towards known trespassers?

<p>To warn them about any potential hazards on the property. (B)</p> Signup and view all the answers

In terms of premises liability, what is the difference regarding unknown trespassers?

<p>There is no duty owed to unknown trespassers except for intentional harm. (C)</p> Signup and view all the answers

What does the Dram Shop Act typically impose on alcohol sellers?

<p>Liability when a customer negligently injures another party after consuming alcohol. (B)</p> Signup and view all the answers

What must be established for a municipality to be held liable under the Public Duty Doctrine?

<p>Legislation explicitly creating liability for failing to protect individuals. (B)</p> Signup and view all the answers

What is a necessary condition for liability in a false imprisonment case?

<p>The intent to confine must be present. (B)</p> Signup and view all the answers

Which scenario does not constitute false imprisonment?

<p>Stopping someone from entering a building they have no right to access. (C)</p> Signup and view all the answers

How is 'confinement' defined with respect to false imprisonment?

<p>Complete control of an individual within defined boundaries. (A)</p> Signup and view all the answers

Which of the following options could be interpreted as a 'lack of privilege' in false imprisonment cases?

<p>A bouncer detaining someone suspected of theft until police arrive. (D)</p> Signup and view all the answers

What must a victim demonstrate to establish harm in false imprisonment?

<p>They must be aware of their confinement at the time. (A)</p> Signup and view all the answers

Which example illustrates a way confinement may occur?

<p>Using a legal document to assert authority unlawfully. (B)</p> Signup and view all the answers

What is NOT a form of confinement recognized in false imprisonment cases?

<p>Unintentional confinement due to negligence. (C)</p> Signup and view all the answers

Which statement is true regarding the knowledge of confinement?

<p>Victims must be conscious of being confined to pursue a legal claim. (D)</p> Signup and view all the answers

Match the legal concepts with their corresponding definitions:

<p>IIED = Intentionally inflicting emotional distress on another Defense of Property = Using force to protect personal property from harm Self-Defense = Using reasonable force to protect oneself from harm Recapture of Property = Using force to reclaim property that was taken</p> Signup and view all the answers

Match the legal cases with the principles they illustrate:

<p>Hull v Scruggs = Court ruled that reasonable efforts were exhausted and no liability for killing the dog Katko v Briney = Court ruled that deadly force cannot be used for property defense Wright v Haffke = Court allowed the use of deadly force against an armed robbery Bethlehem Steel Corp = Court ruled that a claim of emotional distress was not sufficient for IIED</p> Signup and view all the answers

Match the elements of bystander claims with their requirements:

<p>Close relationship to the victim = Must be closely related to the victim Present at the scene = Must be present when the event occurs Awareness of injury = Must be aware that the event causes injury Emotional distress = Must suffer emotional distress as a result</p> Signup and view all the answers

Match the type of force used in defense with its description:

<p>Non-deadly force = Force that does not have the capacity to cause death or serious injury Reasonable force = Proportionate force that is necessary to protect against intrusion Deadly force = Force that may cause death or serious harm Mistake destroys privilege = A misunderstanding negates the justification for using force</p> Signup and view all the answers

Match the legal terms with their corresponding privileges:

<p>Self-Defense = Privilege to use reasonable force against an unprivileged act Defense of Property = Privilege to use reasonable force to protect property Defense of Others = Privilege to use force to protect another person Mistake = Condition that can negate the privilege of defense</p> Signup and view all the answers

Match the following legal cases with their relevant principles:

<p>Edwards v Lee = Rights of landowners extend above and below the land Smith v New England = Trespass need only interfere with the use of space Desnick v. = Consent obtained by fraud is a defense to trespass RoT 166 = Unintentional entry does not subject actor to liability</p> Signup and view all the answers

Match the following defenses to trespass with their descriptions:

<p>Accidental Intrusion = Non-negligent entry causing harm Abnormally Dangerous Activity = Conduct leading to liability regardless of intent Consent = Defense can be invalidated if actions exceed scope Unequivocal Consent = Consent cannot be obtained by mistake or deception</p> Signup and view all the answers

Match the following legal principles with their definitions:

<p>Consent by Fraud = Valid only if actions stay within agreed limits Trespass = Interference with the possession or use of land Unintentional Entry = Liability excluded if the entry was non-negligent Possessor's Rights = Owner has rights to the benefit of the use of space</p> Signup and view all the answers

Match the following tort concepts with their implications:

<p>Intentional Trespass = Liability for knowingly entering another's land Negligent Entry = Liability for failing to foresee potential harm Strict Liability = Liability without intent, associated with dangerous activities Defensive Trespass = A legal ground to justify entering another's property</p> Signup and view all the answers

Match the following examples with their corresponding trespass principles:

<p>Stringing lights = Interference with use of airspace Driving fast and losing control = Abnormally dangerous activity Walking and tripping over a dog = Accidental intrusion without liability Flying low over property = Interference with reasonable use of land and airspace</p> Signup and view all the answers

Match the legal concepts with their descriptions:

<p>Attractive Nuisance = Liability for injuries to children unable to appreciate risks. Beaten Path Rule = Knowing trespassers require reasonable care in activities. Artificial Conditions = Duty of care for dangerous conditions known to trespassers. Possessor's Duty = Not liable for physical harm unless reasonable care is exercised.</p> Signup and view all the answers

Match the Restatement sections with their applicable scenarios:

<p>RST 334 = Liability for failing to carry on activities with care for trespassers. RST 333 = Lack of liability for ordinary conditions affecting trespassers. RST 337 = Liability for known dangers posed by artificial conditions. RST 333(b) = Failure in activities leading to potential harm to trespassers.</p> Signup and view all the answers

Match the legal principles with their implications:

<p>Failure to Warn = Liability for not informing about a dangerous condition. Knowledge of Trespassers = Increased duty of care for frequently trespassing individuals. Reasonable Care Standard = Expectation to avoid engaging in hazardous activities carelessly. Clear Condition Responsibility = Possessor's responsibility for ensuring safety where known dangers exist.</p> Signup and view all the answers

Match the legal responsibilities with their descriptions:

<p>Landowner's Duty to Trespassers = Not generally liable unless conditions are hazardous. Duties to Known Trespassers = Specific responsibilities toward individuals known to trespass. Activities Imposing Risk = Liability for dangerous activities conducted without caution. Condition of Safety = Expectation to prepare land for use by trespassers.</p> Signup and view all the answers

Match the concepts with their respective duties:

<p>Liability for Hazardous Objects = Responsibility to prevent attraction of children. Constructive Knowledge = Liability based on known frequent trespassers. Reasonable Safety Measures = Expectation of care in maintaining land conditions. Judgment of Risk = Determination of whether conditions pose unreasonable harm.</p> Signup and view all the answers

Match the following concepts with their definitions:

<p>Apparent Consent = Consent inferred from a person's words or conduct Implied Consent = Permission presumed in emergencies when consent cannot be acquired Consent to Combat = Agreement to engage in physical altercations in specified contexts Fraud-Based Consent = Consent obtained through deception regarding the circumstances</p> Signup and view all the answers

Match the cases with their relevant legal principles:

<p>Werth v Taylor = Implied consent in medical emergencies Hart v Geysel = Consent barring recovery in illegal fights Broska v Olson = Consent validity despite unreasonable fears Restatement on Consent = Legal considerations of consent in torts</p> Signup and view all the answers

Match the scenarios with their outcomes based on consent-related principles:

<p>Counterfeit money for transfusion = Considered battery due to deception Counterfeit money for sex = Not considered battery under consent Unwanted kiss received without objection = Inferred to have consented based on actions Emergency medical procedure against religious views = Implied consent justified by emergency circumstances</p> Signup and view all the answers

Match the type of consent with its explanation:

<p>Implied in Law = Legally presumed consent in specific situations Implied in Fact = Consent suggested by the behavior of the individuals Consent Exists = Defense against claims of battery Consent to Invasion of Privacy = Waives the right to recover damages for privacy breaches</p> Signup and view all the answers

Match each type of consent with an example:

<p>Apparent Consent = Silence in response to a healing touch Implied Consent = Playing dodgeball with friends Consent to Combat = Agreeing to participate in a boxing match Fraud-Based Consent = Agreeing to a medical procedure based on misrepresentation</p> Signup and view all the answers

Match the case with its significant ruling:

<p>Hart v Geysel = Engaging in an illegal fight narrows recovery rights Werth v Taylor = Emergency situations allow for inferred medical consent Broska v Olson = Ruling against recovery based on unsubstantiated fears Restatement on Battery = Differentiation of battery based on consent scenarios</p> Signup and view all the answers

Match the terms with their respective legal implications:

<p>Apparent Consent = Silent agreement inferred through actions Implied Consent = Assumed permission in unavoidable conditions Informed Consent = Using knowledge to agree to potential risks Non-Consent = Legal grounds for pursuing battery claims</p> Signup and view all the answers

Match legal concepts with their related definitions:

<p>Consent Implied in Law = Accepted in emergencies without prior agreement Consent Implied in Fact = Assumed from behavior suggesting agreement Consent to Injury in Sports = Right to engage in competitive physical activities Relevance of Fraud = Validity of consent challenged by dishonesty</p> Signup and view all the answers

Match the case with the principle it illustrates regarding battery:

<p>Keel v Hainline = Liability for battery due to indirect involvement in contact Manning v Grimsley = Transfer of liability for actions leading to unintended contact Morgan v Loyacoma = Seizure of an item as battery Fisher v Carrousel Motor Hotel = Grasping an object intimately connected to a person constitutes battery</p> Signup and view all the answers

Match the type of contact with its corresponding description:

<p>Direct Contact = Physical connection between bodies Contact with closely attached objects = Involves grabbing or interfering with items near the person Offensive contact = Involves interactions that invoke offensive feelings Liability for light touch = Touch does not need to be felt to constitute battery</p> Signup and view all the answers

Match the scenario with the appropriate legal concept of battery:

<p>Accidental contact from a thrown object = Transfer of intent Smoke causing offense = Indirect contact Snatching away a plate = Battery via closely held object A light touch not felt = Touch established as battery</p> Signup and view all the answers

Match the case with its implications regarding offensive contact:

<p>Leichtman v WLW J Comm = Tobacco smoke can be harmful contact Vosburg v Putney = Contact not felt can still be actionable Fisher v Carrousel Motor Hotel = Grasping items absolutely connected to a person Morgan v Loyacoma = Seizure of personal property qualifies as battery</p> Signup and view all the answers

Match the legal concept with the description that fits it best:

<p>Transfer of Liability = Responsibility passed from one party to another Intentional conduct = Deliberate actions leading to harmful outcomes Proximate cause = Direct link between the defendant's actions and the plaintiff's harm Unlawful manner = Conduct executed against a person's rights</p> Signup and view all the answers

Match the description of touch categories with their definitions:

<p>Direct Person-to-Person Contact = Immediate bodily interaction Contact with Attached Objects = Interference with belongings held closely Offensive Contact = Contact that can lead to feelings of offense Indirect Contact = Non-physical interactions recognized by law</p> Signup and view all the answers

Match the case with its respective outcome regarding battery:

<p>Keel v Hainline = Liability established despite indirect contact Manning v Grimsley = Intent found even when target was missed Vosburg v Putney = Established that touch can be recognized without feeling Leichtman v WLW J Comm = Emergence of new definitions of contact offense</p> Signup and view all the answers

Match the principle with the corresponding legal case:

<p>Liability for Snatching = Morgan v Loyacoma Tobacco Smoke as Offensive = Leichtman v WLW J Comm Transfer via Unwanted Contact = Manning v Grimsley Indirect Touch Leading to Liability = Vosburg v Putney</p> Signup and view all the answers

Match the following duties with their corresponding relationships:

<p>Common carrier = Passengers Innkeeper = Guests Employer = Employees School = Students</p> Signup and view all the answers

Match the following exceptions to duty with their descriptions:

<p>Statutorily imposed duty = Legal obligation mandated by law Negligent entrustment = Providing a potentially dangerous item to an unfit person Therapist-patient duty = Obligation to warn identifiable victims Parent-dependent duty = Responsibility for minor child welfare</p> Signup and view all the answers

Match the following relationships that impose duty to act:

<p>Custodian-ward = Superior ability to protect Employer-employee = Facilitation of tortious act Landlord-tenant = Duty of care for leased premises Parent-child = Specific dangerous habit</p> Signup and view all the answers

Match the following rescuers' responsibilities with their conditions:

<p>Assumed duty = Requires acceptance of responsibility Acted recklessly = Potential contributory negligence Comparative negligence = Jury allocation of fault Imminent danger = Duty not to abandon rescue</p> Signup and view all the answers

Match the following legal scenarios with their respective duties:

<p>Rescue Doctrine = Cannot be charged unless duty assumed Commercial vendors = Duties while serving alcohol Custodian relationship = Duty of care in supervising custody Special relationships = Imposed duties by law</p> Signup and view all the answers

Match the following types of duties to the appropriate context:

<p>Imminent danger = Duty towards victims in peril Negligent entrustment = Liability for allowing dangerous use Alcohol vendors = Responsibilities for served customers Therapist obligations = Duty to inform at-risk individuals</p> Signup and view all the answers

Match the following parties to their legal duties:

<p>Employer = Duty to ensure worker safety Landlord = Duty towards tenants' safety Therapist = Duty to protect identifiable victims Parent = Duty to raise and safeguard children</p> Signup and view all the answers

Match the following legal principles with their implications:

<p>Duty to Rescue = No liability if rescuer assumes duty Common carrier duty = Extra duty of care to passengers Therapist duty = Notify at-risk persons of threats Commercial vendors' duty = Care towards patrons consuming on-premises</p> Signup and view all the answers

Flashcards

Offensive Contact

A contact that is offensive to a reasonable person's sense of dignity, or highly offensive to the other's sensitive self, and the actor knows the contact will be highly offensive.

Reasonable Person Standard

Objective standard used to determine if a contact would be considered offensive. Based on social customs and the context.

Implied License

Permission to engage in certain contact that is accepted as normal in a given setting.

Consent as Defense

A person willingly allows another to act in a manner that, without consent, would be considered a tort.

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Apparent Consent

Consent that is understood through a person's actions or words. It's as valid as actual consent.

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Battery

A harmful or offensive physical contact.

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Unreasonable Contact

A contact not normally expected in a typical situation.

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Liability

Responsibility for the harmful effect of offensive contact.

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Physician's Standard of Care

The degree of care and skill expected of an average qualified practitioner in a similar situation, considering advancements in the profession.

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Expert Witnesses (Medicine)

Multiple medical experts can be used, with juries determining the relevant medical standard.

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Expert's Area of Practice

Expert medical witnesses must practice in a similar area to the defendant; e.g., a neurologist or orthopedist.

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Non-Medical Practitioners' Standard

Their standard of care is set by the school of practice, not medical standards.

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Nurses' Standard of Care

Nurses are held to the same standard as other nurses practicing similarly.

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Hospital Standard of Care

Hospitals are expected to provide reasonable care, following Joint Commission rules.

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Specialist's Standard of Care

Specialists are judged by the standards of their specific field.

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Locality rules (specialists)

Judges often dismiss locality rules for assessing specialist care.

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Extreme and Outrageous Conduct

Conduct that surpasses acceptable decency and is considered atrocious in civilized society.

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Abuse of Power

Using a position of authority or trust to harm someone's interests, exceeding normal persuasion or communication.

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Outrageous Conduct vs. Mere Annoyances

To establish liability, conduct must be truly devastating, not just insults, digs, or occasional unkind remarks or words.

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Severe Emotional Distress

Emotional distress so significant it results in demonstrable physical harm, that is truly devastating.

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Casual Connection

A direct link between the defendant's actions and the plaintiff's emotional distress.

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Liability for Conduct Directed at 3rd Person

If someone intentionally or recklessly causes severe emotional distress to another person, and the plaintiff witnesses this while being a member of that person's immediate family- liability can arise.

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Actual Damages Required

The plaintiff must demonstrate verifiable damage.

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Power Relationship in Outrageous Conduct

In cases where there's a power dynamic, like a doctor-patient relationship, the level of outrageousness required to cause liability may be lower than in cases involving strangers.

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Duty to Act

A person only has a duty to act if there's a special relationship or they have taken charge of someone.

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Special Relationship (RST315)

A relationship that imposes a duty to control another's conduct.

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Landlord's Duty (to tenants,licensees,invitees)

Landlords generally have NO duty to tenant or their guests unless a defect is known or contracted to repair,or premises in control.

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Taking Charge

If someone takes charge of someone else who can't care for themselves, they have a duty of care to keep them safe.

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Standard of Care

The level of care that a reasonable person would exercise under the circumstances.

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Duty to repair (landlord)

Landlord has a duty if they contract or know a defect exists at the time of lease and tenant is not aware.

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No duty rule

Duty of care is generally owed in most circumstances but it may not be owed due to certain conditions.

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Landlord's duty - premises

When leased for public use or retained in landlord control, duty exists to maintain reasonable safety.

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Attractive Nuisance Doctrine

A landowner's liability for injuries to trespassing children caused by an artificial condition on their property. It applies when the landowner knows children are likely to trespass, the condition is dangerous, and the children are unaware of the risk.

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Duty of Care

A legal obligation owed by a landowner to use reasonable care to protect children from harm caused by dangerous conditions on their property.

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Unreasonable Risk

A risk of harm that a reasonable person would consider too great to accept, given the potential consequences.

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Trespassing Children

Children who enter a landowner's property without permission. This doctrine specifically focuses on young children.

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Artificial Condition

A man-made feature on the landowner's property that poses a risk of harm to children, like a broken fence or an unguarded pool.

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Knowledge of Trespassing

The landowner must either know or have reason to know that children are likely to trespass on the property.

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Breach of Duty

The landowner fails to act reasonably to protect children from the known dangerous condition on their property.

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Hand Test

A balancing test used to determine the reasonableness of the landowner's actions. It weighs the utility of the dangerous condition against the risk of harm to children.

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Res Ipsa Loquitur

A legal doctrine that allows a plaintiff to infer negligence from the mere fact that an injury occurred, without direct proof of the defendant's negligence. This applies when the injury is of a type that would not normally occur unless someone was negligent, and the defendant had exclusive control over the instrumentality that caused the injury.

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False Imprisonment

Intentionally confining another person without their consent and against their will. The victim must be aware of the confinement or be harmed by it.

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Intentional Confinement

A key element of false imprisonment. The act must be done with the intention of confining someone.

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Complete Confinement

False imprisonment requires complete confinement within a bounded area. There must be no reasonable means of escape, or the victim must be unaware of it.

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Means of Escape

A reasonable means of escape can negate confinement, but only if the victim is aware of it.

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Confinement by Threat

False imprisonment can be accomplished through a threat of physical force, implicit or explicit, or false assertion of legal authority.

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Duress of Goods

Confinement can occur when someone is prevented from leaving due to the threat of harm to their property.

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Confinement Area Boundaries

The area of confinement can be large or small, but it must be a defined area.

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Moral Pressure or Future Threats

Typically not sufficient to constitute false imprisonment.

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Duty to Rescue

Generally, there is no legal duty to rescue someone in distress, even if you could easily save them. However, there are exceptions, like special relationships.

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Negligent Interference with Aid

You can be liable if you negligently interfere with someone who's trying to help someone else, even if you didn't cause the initial problem.

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Duty Undertaken

If you VOLUNTARILY start helping someone, you generally have a duty to continue acting reasonably, and not leave them in a worse position.

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Special Relationships (Duty)

Certain relationships, like Captain & Crew, Landlord & Tenant, or even Social Host, can create a duty to help someone in need.

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Public Duty Doctrine

A legal principle that limits government liability for failing to provide public services, like police protection or fire rescue.

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Duty to Rescue: Ship Owners

Ship owners have a specific duty to use all available means to rescue crew members or passengers who fall overboard.

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Duty to Trespassers

A landowner's legal obligation to use reasonable care to protect trespassers from harm, particularly on their property. This duty is often dependent on the type of trespasser and whether the owner should have known about them.

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Discovered Trespasser

A trespasser whose presence on the property is known to the landowner. The landowner owes a reasonable standard of care to prevent harm to discovered trespassers.

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Frequent Trespasser

A trespasser who frequently uses a specific area of the landowner's property. The landowner owes a reasonable standard of care to prevent harm to frequent trespassers.

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Child Trespasser

A trespasser who is a child and might be attracted to a hazardous feature, like a pool or an open construction site. The landowner's duty to protect children is higher, especially if the property presents an "attractive nuisance."

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Licensee

A person who enters or remains on land with the owner's permission, but not for the owner's benefit. Examples include social guests or repairmen.

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Duty to Licensees

A landowner's responsibility to licensees involves providing reasonable care for their safety, especially if they might encounter a hidden danger or risk.

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Undiscovered Licensee

A licensee whose presence is unknown to the landowner. The landowner owes a reduced standard of care to undiscovered licensees.

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Discovered/Frequent Licensee

A licensee whose presence is known or frequent on the property. The landowner owes a reasonable standard of care to these licensees, similar to discovered trespassers.

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Trespasser

A person who enters or remains on land without permission. Landowners have a duty to prevent harm caused by dangerous conditions on their property, but the level of care owed varies depending on the type of trespasser.

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Landowner's Duty to Trespassers

A landowner's legal obligation to use reasonable care to protect trespassers from harm, particularly on their property. This duty is often dependent on the type of trespasser and whether the owner should have known about them.

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Attractive Nuisance

A hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the risk posed by the object or condition.

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Common Carrier Duty

Common carriers (like bus companies or airlines) have a legal responsibility to ensure the safety of their passengers while they are on board their vessels.

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Social Host Liability

Social hosts (people hosting parties) generally don't have a legal duty to protect guests from harm caused by alcohol consumption.

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Dram Shop Acts

Laws that hold businesses selling alcohol liable if they serve intoxicated customers who then injure others. They don't usually apply to injuries caused by the customer's own intoxication.

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Duty to Known Trespassers

Landowners have a duty to warn known trespassers of dangerous conditions on their property.

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Duty to Warn of Traps

Landowners have a duty to warn trespassers of hidden dangers or traps on their property. This duty extends to both known and unknown trespassers.

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Duty Arising from Occupation of Land

Landowners have legal duties to people who come onto their property, based on the nature of the person's presence (trespasser, licensee, invitee).

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Exclusive Control

Res Ipsa Loquitur applies when the injury's cause is solely under the defendant's management.

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Ordinary Occurrence?

Res Ipsa Loquitur requires the event to be unusual, unlikely to happen without negligence.

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Multiple Negligent Parties

Res Ipsa Loquitur can still apply even if there are other possible negligent parties besides the defendant.

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Comparative Negligence

Even if the plaintiff shares some blame, Res Ipsa Loquitur can still apply if the defendant's negligence remains a likely cause.

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Larson v Francis Rule

Exclusive control in Res Ipsa Loquitur doesn't just mean physical control, but also the RIGHT to control the item causing injury.

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Connolly v Nicollet: Hotel Liability

Hotels can be liable under Res Ipsa Loquitur if they knew about dangerous conditions, even if guests caused them.

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Braunuer v Peterson: Cow Escape

Res Ipsa doesn't always apply. Ordinary events, like a cow escaping, don't necessarily show negligence.

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Transferred Intent

When someone intends to harm one person but accidentally harms another, the intent is transferred, making the actor liable for the unintended harm.

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Battery: Direct Contact

Battery requires direct contact with the victim's body or something closely connected to it. This contact can be physical or something like smoke or offensive substances.

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Battery: Contact with Something Closely Attached

If you intentionally take something from someone's grasp, like a plate or belongings, it can be considered battery as the item is seen as part of the person.

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Battery: Touch Doesn't Have to be Felt

The contact for battery doesn't need to be felt at the time. Even a very light touch can be considered battery if it's proven to have happened.

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Battery: Intent to Cause Harmful or Offensive Contact

To constitute a battery, there must be an intentional act that causes harmful or offensive contact with another person. Accidental contact is not battery.

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Keel v Hainline: Battery by Shared Responsibility

This case shows that a defendant can be liable for battery even if they didn't directly cause the physical contact. If their actions contribute to the contact, they can be held responsible.

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Manning v Grimsley: Transfer of Liability to Employer

This case established that employers can be held responsible for their employee's actions if the actions are done within the scope of employment. Even if the intent was not to harm someone, unlawful actions can lead to liability.

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Battery: Unintended Contact is Still Battery

Even if you don't intend to hit someone, but your actions do cause contact, it can still be considered battery.

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Edwards v Lee

This case established that the owner of land has rights extending above and below the surface to the extent they can make beneficial use of that space.

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Trespass of Land: Acts Constituting Trespass

Acts constituting trespass don't need to cause harm, just interfere with the owner's use of the space.

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Trespass Defense: Accidental Intrusion

An unintentional and non-negligent entry onto land, even if it causes harm, is not considered trespass unless the activity was abnormally dangerous.

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Trespass Defense: Consent

Consent obtained by fraud or mistake is not a valid defense to trespass, unless the act exceeded the scope of consent.

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Trespass Defense: Abnormally Dangerous Activity

If an unintentional entry onto land is caused by an abnormally dangerous activity, it is considered trespass.

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Consent Implied in Law (Implied Consent)

Consent is assumed in emergency situations where it's impossible to get explicit consent, like a medical procedure where the patient is unconscious.

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Consent Implied in Fact (Apparent Consent)

When someone's actions suggest actual consent to being touched, even if they don't explicitly say so, like accepting an unwanted kiss without objecting.

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Consent to Combat for Business or Sport

If someone voluntarily engages in a risky activity like a fight or sports, they consent to the potential contact and injury, and cannot later sue for battery.

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Consent Based on Fraud Related to Unreasonable Fears

Consent is not invalidated if someone's fear is not reasonable or if they are touched exactly how they agreed to be touched.

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Fraudulent Consent: Collateral Matter

Fraud only invalidates consent if it concerns the nature of the act itself. If it's about a different matter, consent still stands.

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Consent in Medical Emergencies

In medical emergencies, implied consent is given to doctors to provide necessary treatment even if the patient is unconscious or unable to give consent.

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Reasonable Force Rule

A person defending their property or person can use reasonable and proportionate force to stop intrusion, taking, or harm.

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Mistake Destroys Privilege

If a person uses force for self-defense or property defense but makes a mistake about the threat, they may lose the privilege and be held liable.

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Deadly Force for Self-Defense

Deadly force can only be used in self-defense if the person believes they are facing imminent deadly force.

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Recapture of Property

A property owner can use non-deadly force to recapture property taken from them, but the law prefers legal means for regaining possession.

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Can You Use Deadly Force for Property Protection?

You cannot use force capable of death or serious harm to protect property (e.g., using a spring gun).

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Known Trespassers

A landowner has a duty to warn known trespassers about dangers on their property.

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Trespasser Types (Discovered/Frequent)

Landowner has a duty to act reasonably to protect discovered trespassers and those who frequently trespass in a specific area.

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Statutory Duty

A legal obligation to act imposed by a law, like a common carrier's duty to its passengers.

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Undertaking to Act

A promise or agreement to do something for another person, which creates a duty to fulfill that promise.

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Negligent Entrustment

Providing a harmful object to someone who is likely to misuse it, like giving a gun to a drunk person.

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No Duty to Rescue (General Rule)

You are not legally required to help someone in danger, even if you can easily do so.

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Rescue Doctrine

Someone who tries to rescue someone in danger cannot be blamed for contributory negligence if their actions were reasonable.

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Prenatal Duties

Legal issues surrounding the care of unborn children and the potential duties owed to them by parents or healthcare professionals.

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Duty to Warn (Therapist)

Therapists have a duty to warn potential victims if a patient threatens to harm them.

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Study Notes

Torts Overview

  • Torts are civil lawsuits seeking compensation for harm.
  • Types of verdicts, directed verdict, is extremely rare
  • Tort law incentivizes correct behavior.
  • Intentional torts involve deliberate contact (battery).
  • Unintentional torts are inadvertent harm (negligence).
  • Strict liability means liability regardless of intent.

Intentional Tort: Battery

  • Battery involves an intentional act causing offensive contact.
  • Intent to touch and offensive contact are crucial elements.
  • Consent negates battery.
  • Intent to harm is not required for a battery.
  • If the act is purposeful, or the defendant has a substantial certainty that the contact will occur, this is enough for intent.

Negligence

  • Negligence is failing to use reasonable care.
  • It includes duty, breach, causation, and damages.
  • Duty is the legal obligation to act reasonably.
  • Breach is failing to meet the duty of care.
  • Causation is the link between breach and harm.
  • Damages are the harm suffered.
  • The reasonable person standard is used to evaluate negligence.

Defenses to Torts

  • Consent is a defense.
  • Self Defense is a defense.
  • Private necessity is a defense
  • Public necessity is a defense

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Description

This quiz covers the fundamentals of tort law, including the definitions and types of torts. It specifically focuses on intentional torts, particularly battery, and explores the concepts of negligence and strict liability. Enhance your understanding of legal principles that govern civil lawsuits.

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