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10 Cards in this Set
- Front
- Back
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May consent (as to a battery) be implied?
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YES, need not be express--MAY be implied from behavior
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Is foreseeability relevant to intentional torts?
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NO, only as to negligence!
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Private nuisance is conduct that ____ and ____ ____ with another person's ____ and ____ of his land.
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substantially
unreasonably interferes use enjoyment |
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Does the standard of "substantial" interference apply to any hypothetical person, no matter how sensitive?
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NO! It must be offensive to a person of normal sensibilities in the community
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Does zoning have any relevance to a nuisance suit?
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It doesn't bar liability for nuisance, but it MAY be considered a factor in the "unreasonableness" of the nuisance
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If a business refunds a person's money for a transaction for a good or service, does that estop any claims by that person as to that transaction?
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NO, it may even be considered an admission of wrongdoing by the company!
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A superseding cause is an ____ ____ that ____the chain of causation between the initial wrongful act and the ultimate injury, relieving the ____ of any wrongdoing.
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unforeseeable
intervention breaks original tortfeasor |
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T/F: A superseding cause can happen before the initial injury.
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FALSE--if something happened BEFORE the injury that created a special vulnerability in the victim, then the eggshell skull rule applies--the D still takes the P as he finds her!
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Is a claim of res ipsa loquitur allowed IF the instrumentality causing the injury was NOT in the defendant's EXCLUSIVE control?
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YES--at common law, it was required that the instrumentality be in the exclusive control of the D, but the modern law allows res ipsa to lie IF "other responsible causes, including the conduct of the P or other third parties, be sufficiently eliminated"
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The preexisting duty rule
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