Mixed Torts Flashcards

1
Q

What is the firefighter’s rule?

A

Public safety officers are prohibited from tort recovery for personal injuries suffered while in the line of duty.

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2
Q

When are employers responsible for intentional torts of employees?

A

Only when the intentional tort is foreseeable in the scope of their work.

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3
Q

Who has standing to file a private nuisance claim?

A

The person who occupies the property. If rented, then the renter has standing and not the owner.

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4
Q

How is the doctrine of continuing trespass applied?

A

When a person takes property without intent to permanently deprive the true owner and later establishes intent to permanently deprive, then their original taking becomes a larceny.

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5
Q

A person who is a professional or has special skill is held to what standard?

A

The standard is their professional standard. They must possess and exercise the knowledge and skill of a member of the profession or occupation in good standing in similar communities.

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6
Q

When is a principal liable for the torts of an independent contractor?

A

The independent contractor takes part in:

  1. Abnormally dangerous activities (blasting with dynamite)
  2. Non-delegable duties (performance of medical services)
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7
Q

When does negligence per se occur?

A

When a statute imposes a duty of care and the breach of the statute creates a rebuttable presumption of negligence.

For the presumption to be triggered:

  1. The plaintiff must be a member of the class of persons the statute was designed to protect

And

2.The plaintiff’s harm must be of the type the statute was designed to prevent.

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8
Q

What is the scope of objects that a battery can occur to?

A

Anything connected to the person.

Example:

Hitting a man’s cane while it is in use is a battery to the man.

Hitting a dog on a leash held by the owner is a battery to the owner.

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9
Q

If a plaintiff fails to mitigate their damages, what are they entitled to?

A

Whatever damages they would have incurred had they properly mitigated their damages.

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10
Q

When will strict liability apply to lateral support removed from improved land?

A

Only when the land would have collapsed in its natural state. If the improvements caused the land to collapse, then a plaintiff must prove negligence.

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11
Q

What is physician’s duty to disclose for informed consent?

A

Must disclose all risks that are material to the patient’s decision to undergo a specific treatment.

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12
Q

In what fact pattern does transferred intent occur?

A

Defendant meant to hit person X but missed and hit person Y.

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13
Q

When is a product defectively designed for strict liability?

A
  1. When the magnitude of the danger outweighs the utility of product

Or

  1. When feasible alternative designs are available with less harmful consequences.
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14
Q

What does strict Liability for an ultra-hazardous activity require?

A
  1. The ultra-hazardous activity causes a foreseeable injury

And

  1. A foreseeable victim that was inside zone of danger of the activity.
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15
Q

What are the elements of defamation?

A
  1. A statement of fact (not opinion) that
  2. Defendant publishes to a 3rd party who reasonably understands the facts as true.
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16
Q

What are the different standards of proof for defamation claims?

A
  1. Public official/Public figure: Malice
  2. Private person & matter of public concern: negligence
  3. Private person & matter of only private concern: publication only
17
Q

What damages are available for defamation?

A

General damages are presumed. Special damages must be shown; unless, the defamation is libel or slander per se.

18
Q

Are purely economic losses recoverable in negligence actions?

A

No, purely economic losses are not recoverable.

19
Q

Differentiate the effect on recovery for express assumption of the risk from implied assumption of the risk.

A

Express: complete bar to recovery

Implied: not a complete bar to recovery

20
Q

When is there an express assumption of a risk?

A

Plaintiff relieves defendant of a legal duty either by:

  1. Contract

Or

  1. Overt language agreeing to waive liability and not sue
21
Q

When is the assumption of a risk implied?

A

Plaintiff voluntarily agrees to encounter a known risk

22
Q

What are the elements of misrepresentation?

A
  1. A false representation of a past or present material fact
  2. Scienter
  3. Plaintiff actually and justifiably relies on the representation
  4. Plaintiff has damages
23
Q

When can a misrepresentation claim be brought due to the non-disclosure of information?

A

When a fiduciary duty exists between the parties.

24
Q

What is the effect of res ipsa loquitur?

A

It gives an inference of negligence

25
Q

What must a defendant control for res ipsa loquitur to apply?

A

A defendant must have control over the instrumentality. The defendant must have the right to control the instrumentality and actual control over the instrumentality.

26
Q

Will establishing res ipsa loquitur support a judgment for damages?

A

No, the jury must still determine that the defendant was actually negligent.