Mbe Torts

Front 1

Self-Defense

Back 1

A person is privileged to use reasonable force to protect himself from unlawful bodily harm/injury

Front 2

Mistake & Self Defense

Back 2

If a person knos that the other's intention to attack him is inspired by a mistake as to one's identity, the person is not privileged to await the other's attack and use force to defend himself if he has time to correct the mistake and prevent the attack.

Front 3

Is the employer of an independent contractor liable for the negligence of the contractor?

Back 3

Generally, the employer of an independent contractor is NOT liable for the negligence of the contractor UNLESS:
1)the independent contractor is engaged in a non-delgable duty (i.e. the performance of medical services)and
2)the contractor is engaged in an abnormally dangerous activity

Front 4

Recovery for negligence per se

Back 4

In order to recover for negligence per se (or violation of a statute):
1) the plaintiff must be a member of the class of persons intended to be protected by the statute and
2)the harm suffered must be of a type the statute was designed to protect against

Front 5

Tortious assault

Back 5

1) Actor acts intending to cause a harmful/offensive contact w/ the person of the other or a 3rd person or an imminent aprehencion of such contact and
2) the other is therby put in such imminent aprehension
**although words alone are generally insufficient for assualt, they can be actionable when combined w/ an overt act causing immediate physical threat