Torts Jeopardy

1
Torts Jeopardy
Definitions
Duty
Standard of Care
Privileges/ Defenses
Hypos or Potpourri
100
100
100
100
100
200
200
200
200
200
300
300
300
300
300
400
400
400
400
400
500
500
500
500
500
Final Jeopardy
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FINAL JEOPARDY

• ANSWER But for the negligent conduct of D, the
  ensuing injury would not have happened, more
  likely than not or was defendants negligence a
  substantial factor in Plaintiffs injury?
• QUESTION What are theories of Proximate Cause in
  Fact?

3
Definitions-100

• ANSWER False Imprisonment.
• QUESTION What is Defendant intentionally, by
  acts or threats, causes Plaintiff to be confined
  for a significant period of time (to Ps
  knowledge or harm) to boundaries, tangible or
  intangible, established by defendant without a
  reasonable means of escape and without privilege?

4
Definitions-200

• ANSWER Battery
• QUESTION Intentionally causing, directly or
  indirectly, harmful or offensive contact with Ps
  person or logical extension of Ps Person without
  consent or privilege.

5
Definitions-300

• ANSWER Assault.
• QUESTION What is Defendant, by an overt act
  directed at Plaintiff, intentionally causes
  Plaintiff to reasonably believe he/she will
  immediately suffer an offensive or harmful
  contact, where the Defendant has the apparent
  present ability to carry out the batter without
  consent or privilege?

6
Definitions-400

• ANSWER Intent.
• QUESTION What is Voluntarily acting for the
  purpose of causing X or voluntarily acting with
  knowledge to a substantial certainty that X will
  occur.

7
Definitions-500

• ANSWER Objective standard used where persons
  conduct is measured against what a person with
  minimum amount of knowledge would do.
• QUESTION What is the reasonable/prudent person
  test?

8
Duty-100

• ANSWER Foreseeability of harm, seriousness of
  harm possible, and burden on defendant to prevent
  determine this.
• QUESTION What is the reasonable risk of harm?

9
Duty-200

• ANSWER The (narrow view) of duty to conform to a
  standard of care of the Plaintiff was promoted
  by this judge and the opposite view where duty is
  viewed as duty to the public was promoted by this
  judge.
• QUESTION What is Cardozos view of duty vs.
  Andrews view?

10
Duty-300

• ANSWER Duty owed towards children requires this
  variation of the normal duty to use reasonable
  care.
• QUESTION What is liability for harm caused by an
  artificial condition on land if the place is
  likely to have child trespassers, involves
  unreasonable risk of death or serious bodily
  harm, children cannot appreciate the harm or
  cannot discover the harm, and burden of reducing
  or eliminating is low.

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Duty-400

• ANSWER Duty to these requires person to warn of
  latent defects that plaintiff would not be able
  to discover.
• QUESTION What are Licensees?

12
Duty-500

• ANSWER Duty to these requires person to seek and
  warn of dangers where as these only require
  warning once person is identified.
• QUESTION What are Invitees and Trespassers?

13
Standard of Care-100

• ANSWER Handicaps have this effect on the
  reasonable standard of care.
• QUESTION What is handicapped persons must take
  precautions, be they more or less, which a
  reasonable person with the same handicap would
  take?

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Standard of Care-200

• ANSWER Children are held to this standard of
  care.
• QUESTION What is a subjective standardreasonable
  child of same age, intelligence, maturity,
  training as defendant in the same circumstances
  except where activities are considered inherently
  dangerous?

15
Standard of Care-300
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Standard of Care-400

• ANSWER Insanity has this effect on the standard
  of care.
• QUESTION Most courts find NO EFFECT. Few courts
  have allowed for sudden, unexpected bouts of
  insanity. Why? Policy reasonseasy to fake,
  plaintiffs are still damaged

17
Standard of Care-500

• ANSWER Standard that requires one to possess and
  use the degree of skill and learning of the
  reasonable or ordinary practitioner in the same
  school/field in the community in which he
  practices.
• QUESTION What is the Professional Standard of
  Care?

18
Privileges/Defenses-100

• ANSWER Express or implied.
• QUESTION What is consent?

19
Privileges/Defenses-200

• ANSWER Must be reasonable force in retaliation
  of a real threat of similar force to self or
  others
• QUESTION What is self defense or defense of
  others?

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Privileges/Defenses-300

• ANSWER Information of material fact adequately
  given, which if failed to receive such
  information, plaintiff would have decided
  differently.
• QUESTION What is Informed Consent Doctrine?

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Privileges/Defenses-400

• ANSWER If Defendant raises fact that he abided
  by a statute and therefore is not liable, what
  must be considered about the statute?
• QUESTION What is 1) Was it a safety statute, 2)
  Was P an intended person to be protected by the
  statute, 3) was the harm suffered of a type which
  the statute intended to protect plaintiffs from?,
  4) Is this a negligence per se, presumption of
  negligence, or evidence of negligence
  jurisdiction?

22
Privileges/Defenses-500

• ANSWER Statute barring claims after a certain
  period of time, such as two years.
• QUESTION What is the Statute of Limitations?

23
Hypos Potpourri-100

• ANSWER Defendant throws a stick at a boy on the
  roof of his shed. The Stick struck another person
  (Plaintiff) and blinds him. Is Defendant liable
  and why?
• QUESTION What is yes he is liable on the basis
  of transferred intent unless defendant
  successfully argues he was defending his property
  and did not use unreasonable force?

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Hypos Potpourri-200

• ANSWER Mother and 5 year old son, Billy Bob, are
  walking across Wacker Drive on a green light to
  go visit the Sears Tower Skydeck when a cabbie
  fails to stop in time and hits Billy Bob killing
  him. Billy Bob was running ahead and about 6 feet
  in front of Mom. Can Mom sue for Mental Distress?
  
• QUESTION What is maybe under Zone of danger
  theory (was she in fear of herself too) and yes
  under Bystander witness and the Present at scene
  theory?

25
Hypos Potpourri-300

• ANSWER A bitter Torts student sets Brills
  house on fire when he is not home. The fire dept
  arrives, rushes into the home, and the Fireman
  Bob steps on a loose floorboard that Brill didnt
  know about, falls through the floor, and breaks
  both his legs. Can Fireman Bob successfully sue
  Brill?
• QUESTION What is no because the fireman is
  considered a bare licensee requiring only Brill
  to warn of known latent defects that the
  Plaintiff would not be able to discover? Brill
  did not have to seek out and warn of dangers

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Hypos Potpourri-400

• ANSWER Doctor Devin M.D. performs an
  appendectomy on Mr. Patient. After the surgery he
  fails to give antibiotics and sends the patient
  home. Patient dies two days later. What will you
  consider in your analysis of Mr. Patients claim
  against Dr. Devin?
• QUESTION What is 1) duty, 2) professional
  standard of careis the standard within the
  profession to give antibiotics? School/Practice,
  skills? Community?

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Hypos Potpourri-500

• ANSWER Hotel pool uses drain cap A in all its
  pool throughout the chain. Industry custom and
  practice is to use drain cap A. However, drain
  cap A has been proven to be unsafe, causing
  swimmers to get suctioned to the drain and,
  therefore, drowning. News reports have surfaced
  throughout the country. Drain cap B has been on
  the market for 2 years and has been shown to be a
  safer alternative though it costs twice as much.
  What effect will this have on the Hotels
  liability?
• QUESTION What is the effect of custom might be
  strong evidence but in the end must pass the
  reasonable prudent person test and considering
  the higher standard to invitees?