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22 Cards in this Set
- Front
- Back
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Intent to ____ (2 answers)
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act, harm
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fragile skull
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take your plaintiff as you find them
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false imprisonment elements
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intent to confine another within fixed boundaries, person confined is conscious of the confinement
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IIED elements
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intentional, extreme and outrageous, causal connection, proof of distress
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what is "sufficient communication"?
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enough so that a reasonable person would understand
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self-defense elements
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reasonable belief of harm, reasonable contact
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jury role in negligence
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find facts, set standards of care
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BPL
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Burden should be less than the Probability of loss, and the Loss amount
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2 areas where children are deficient as far as negligence is concerned
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bad data, bad judgment
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Per Se elements
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violation of statute, causation, protected class
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res ipsa three elements
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the action would not ordinarily happen without negligence, exclusive control of the defendant (old), and events not caused by injured party
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4 standards of scientific knowledge:
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testable, peer review, rate of error, general acceptability*
*this was the old standard, before other three were added |
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dillon rule, three factors
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contemporaneous, shock from direct emotional impact, relationship between plaintiff and victim
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Impact rule, 4 part test
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proximate cause, emotional distress HAS TO bring physical injury, emotional distress caused by D, reaction must be reasonable (no thin skin rule)
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3 catagories of land entrants
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trespassor, liscensees, invitees
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pure comparative negligence
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damages are exactly recoverable based on percent of the fault
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two moditfied comparative negligence schemes:
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1)D's fault is be greater than P's for P to recover
2)D's fault must be greater than 50% for P to recover |
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4 catagories of indivisible harm:
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actors knowingly join together, actors fail to perform a common duty, special relationship between the actors, independant acts combine to create the harm
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2 rules for abnormally dangerous activities:
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not common usage, high chance of harm even if all rules followed
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3 reasons for punitive damages
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deterrence, retribution, compensation
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Garret v. Dailey
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chair pulled out case, minors are liable for intentional torts but not for negligence
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Ranson v. Kitner
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wolf/dog case
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