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Torts Jeopardy

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Title: Science Jeopardy Author: Norman Herr Last modified by: Maria Pellegrino Created Date: 7/3/2000 6:19:09 PM Document presentation format: On-screen Show – PowerPoint PPT presentation

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Date added: 16 September 2019
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Title: 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
2
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.

11
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?

14
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
16
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?

20
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?

21
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?

24
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

26
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?

27
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?
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