Torts
Got it! I’ll continue systematically covering the rest of the document, including key cases and doctrines. Here’s the next set of flashcards, focusing on the remaining content in detail.
Negligence: Causation and Damages (111–130)
Flashcard 111:
Q: What is the “substantial factor test” in causation?
A: A test to determine if the defendant’s conduct was a substantial factor in bringing about the harm, even if not the sole cause.
Flashcard 112:
Q: What is the holding in Summers v. Tice?
A: When two defendants are negligent and it is unclear who caused the harm, the burden of proof shifts to the defendants.
Flashcard 113:
Q: What is the doctrine of multiple sufficient causes?
A: Liability is imposed when each act alone would have caused the harm (Kingston v. Chicago & NW Ry.).
Flashcard 114:
Q: How does Ybarra v. Spangard apply Res Ipsa Loquitur?
A: A group of defendants in a surgery case was held liable under Res Ipsa when harm occurred, shifting the burden to the defendants to explain.
Flashcard 115:
Q: What is the “but-for” standard in causation?
A: Requires proof that the harm would not have occurred but for the defendant’s negligence (New York Central R.R. v. Grimstad).
Flashcard 116:
Q: What is the holding in Herskovits v. Group Health Cooperative?
A: Reduced chance of survival due to delayed diagnosis allowed partial recovery for loss of chance.
Flashcard 117:
Q: What case addresses concurrent causes of harm?
A: Anderson v. Minneapolis R.R. – When two fires combine to destroy property, both negligent parties are liable.
Flashcard 118:
Q: What is the difference between intervening and superseding causes?
A: Intervening causes are foreseeable and do not break the chain of causation, while superseding causes are unforeseeable and do break it.
Flashcard 119:
Q: What is the holding in Haft v. Lone Palm Hotel?
A: A hotel without a lifeguard or warning sign was liable for drowning under a statute intended to prevent such harm.
Flashcard 120:
Q: What is the policy behind the “all or nothing” rule in causation?
A: Requires plaintiffs to prove by a preponderance of the evidence (more than 50%) that the defendant’s negligence caused the harm.
Flashcard 121:
Q: How does Wagon Mound (No. 1) limit proximate causation?
A: Foreseeability of harm determines liability, rejecting liability for harm caused in unforeseeable ways.
Flashcard 122:
Q: What is the take-away from Wagon Mound (No. 2)?
A: A small probability of foreseeable harm can still justify liability if precautions were reasonable.
Flashcard 123:
Q: What case demonstrates foreseeability in proximate cause?
A: Palsgraf v. Long Island Railroad Co. – No liability when harm to the plaintiff was unforeseeable.
Flashcard 124:
Q: What is the “thin skull” rule in damages?
A: Defendants are liable for the full extent of harm, even if the plaintiff’s condition made them more susceptible.
Flashcard 125:
Q: What is the holding in Hughes v. Lord Advocate?
A: Liability exists when the type of harm is foreseeable, even if the manner of occurrence is unusual (e.g., burns from an explosion).
Flashcard 126:
Q: How does the Andrews dissent in Palsgraf view proximate cause?
A: Proximate cause should focus on natural, continuous sequences and be a jury question.
Flashcard 127:
Q: What is the significance of Derdiarian v. Felix Contracting Corp.?
A: Foreseeable intervening events (e.g., a negligent driver at an unsecured site) do not absolve liability.
Flashcard 128:
Q: What damages are recoverable in tort law?
A: Compensatory (economic and non-economic), punitive (for egregious conduct), and sometimes nominal damages.
Flashcard 129:
Q: What case illustrates punitive damages?
A: Grimshaw v. Ford Motor Co. – Ford was penalized for knowingly selling a dangerous car (the Pinto).
Flashcard 130:
Q: What is the “collateral source rule”?
A: Prevents defendants from reducing damages by showing that the plaintiff received compensation from other sources.
Defenses in Negligence (131–150)
Flashcard 131:
Q: What is contributory negligence?
A: A complete bar to recovery when the plaintiff’s negligence contributes to their harm.
Flashcard 132:
Q: What is the last clear chance doctrine?
A: Allows recovery despite contributory negligence if the defendant had the final opportunity to avoid harm.
Flashcard 133:
Q: How does comparative negligence differ?
A: Reduces recovery by the plaintiff’s percentage of fault but allows partial recovery.
Flashcard 134:
Q: What is the difference between pure and modified comparative negligence?
A: Pure allows recovery regardless of fault level; modified bars recovery if the plaintiff is equally or more at fault.
Flashcard 135:
Q: What is assumption of risk?
A: A defense where the plaintiff voluntarily accepts a known risk, potentially barring recovery.
Flashcard 136:
Q: What is express assumption of risk?
A: The plaintiff explicitly agrees to accept a risk, often through a contract or waiver.
Flashcard 137:
Q: What is implied assumption of risk?
A: Inferred from the plaintiff’s conduct, indicating voluntary acceptance of a risk.
Flashcard 138:
Q: How does the firefighter’s rule limit recovery?
A: Public safety officers cannot recover for injuries inherent to their job duties.
Flashcard 139:
Q: What is the significance of Murphy v. Steeplechase Amusement Co.?
A: Established primary assumption of risk; the plaintiff accepted risks inherent in riding an amusement ride.
Flashcard 140:
Q: What is sovereign immunity?
A: Shields government entities from liability unless expressly waived.
Flashcard 141:
Q: What is qualified immunity?
A: Protects government officials from liability unless they violate clearly established rights.
Flashcard 142:
Q: What is charitable immunity?
A: Limits liability for charitable organizations to encourage their activities, though largely abolished in most jurisdictions.
Flashcard 143:
Q: What is the distinction between primary and secondary assumption of risk?
A: Primary bars recovery for inherent risks; secondary applies when the plaintiff assumes risks caused by the defendant’s negligence.
Flashcard 144:
Q: What case demonstrates assumption of risk in sports?
A: Knight v. Jewett – No liability in a touch football game because injuries were inherent to the sport.
Flashcard 145:
Q: How does comparative fault interact with assumption of risk?
A: Many jurisdictions treat assumption of risk as a factor in comparative negligence rather than a complete defense.
Flashcard 146:
Q: What is the holding in Cohen v. Smith?
A: A plaintiff’s expressed objection to male medical personnel created an actionable claim when ignored, overriding implied consent.
Flashcard 147:
Q: How does Laidlaw v. Sage define imminent danger?
A: Acts to avoid imminent danger are involuntary and thus a defense to liability.
Flashcard 148:
Q: What is the holding in Katko v. Briney?
A: Deadly force cannot be used to protect property unless there is also a threat to personal safety.
Flashcard 149:
Q: What is the emergency doctrine?
A: Allows defendants to act in emergencies without the same standard of care, provided their actions are reasonable.
Flashcard 150:
Q: What is the “Good Samaritan” rule?
A: Provides immunity to rescuers acting in good faith, barring gross negligence or willful misconduct.
Continuing with the note outline for VII. Strict Liability, VIII. Products Liability, and IX. Defenses:
VII. Strict Liability (81–90)
Flashcard 81:
Q: What is strict liability?
A: Liability imposed without regard to fault or intent, typically for abnormally dangerous activities or defective products.
Flashcard 82:
Q: What are the elements of strict liability for abnormally dangerous activities?
A: (1) Activity involves a high degree of risk, (2) Risk cannot be eliminated with reasonable care, (3) Activity is not commonly performed.
Flashcard 83:
Q: What is the holding in Rylands v. Fletcher?
A: A landowner who brings something likely to cause harm onto their land is strictly liable if it escapes and causes damage.
Flashcard 84:
Q: What factors determine if an activity is abnormally dangerous under the Restatement (Second) of Torts?
A: (1) High risk of harm, (2) Likelihood of severe harm, (3) Inability to eliminate risk, (4) Uncommon usage, (5) Inappropriateness for location, (6) Low community value.
Flashcard 85:
Q: What are defenses to strict liability?
A: Assumption of risk and unforeseeable intervening causes.
Flashcard 86:
Q: What is the distinction between strict liability and negligence?
A: Strict liability does not consider the defendant’s level of care, while negligence focuses on unreasonable conduct.
Flashcard 87:
Q: What is the standard for animals under strict liability?
A: Owners are strictly liable for injuries caused by wild animals and domestic animals with known dangerous propensities.
Flashcard 88:
Q: How is strict liability applied in cases of blasting?
A: Blasting is considered abnormally dangerous, so defendants are strictly liable for harm caused by vibrations or debris.
Flashcard 89:
Q: What is the “zone of danger” limitation in strict liability?
A: Liability extends only to those within the foreseeable range of harm.
Flashcard 90:
Q: How does strict liability promote policy goals?
A: Encourages safer practices and ensures injured parties are compensated, even without proving negligence.
VIII. Products Liability (91–100)
Flashcard 91:
Q: What are the three primary theories of products liability?
A: Negligence, strict liability, and breach of warranty.
Flashcard 92:
Q: What are the elements of strict products liability under §402A of the Restatement (Second)?
A: (1) Product was defective, (2) Defect existed when it left the defendant’s control, (3) Defect caused the plaintiff’s injury.
Flashcard 93:
Q: What is a manufacturing defect?
A: A product deviates from its intended design, making it more dangerous than consumers expect.
Flashcard 94:
Q: What is a design defect?
A: A product is unreasonably dangerous due to its design, even if manufactured correctly.
Flashcard 95:
Q: What is the consumer expectation test in design defect cases?
A: A product is defective if it is more dangerous than an ordinary consumer would expect.
Flashcard 96:
Q: What is the risk-utility test in design defect cases?
A: A product is defective if the risks of its design outweigh its utility, considering reasonable alternatives.
Flashcard 97:
Q: What is a failure-to-warn defect?
A: A product is defective if it lacks adequate warnings or instructions about foreseeable risks.
Flashcard 98:
Q: What is the holding in Greenman v. Yuba Power Products?
A: Established strict products liability in California, holding manufacturers liable for injuries caused by defective products.
Flashcard 99:
Q: What are defenses to strict products liability?
A: (1) Assumption of risk, (2) Product misuse, (3) Comparative fault, (4) State-of-the-art design.
Flashcard 100:
Q: How does federal preemption impact products liability?
A: State law claims may be barred if federal regulations govern the product’s safety standards.
IX. Defenses (101–110)
Flashcard 101:
Q: What is contributory negligence?
A: A defense where the plaintiff’s own negligence completely bars recovery.
Flashcard 102:
Q: What is comparative negligence?
A: A defense that reduces the plaintiff’s recovery based on their percentage of fault.
Flashcard 103:
Q: What is the difference between pure and modified comparative negligence?
A: Pure allows recovery regardless of plaintiff’s fault; modified bars recovery if the plaintiff is 50% or more at fault.
Flashcard 104:
Q: What is assumption of risk?
A: A defense where the plaintiff knowingly and voluntarily accepts a risk, barring or reducing recovery.
Flashcard 105:
Q: What is the difference between express and implied assumption of risk?
A: Express involves a written or verbal agreement; implied arises from conduct.
Flashcard 106:
Q: How does sovereign immunity function as a defense?
A: Protects government entities from being sued unless immunity is waived.
Flashcard 107:
Q: What is the “last clear chance” doctrine?
A: Allows a negligent plaintiff to recover if the defendant had the final opportunity to avoid the harm.
Flashcard 108:
Q: What is the policy behind immunity defenses?
A: Encourages public services and limits liability to prevent excessive litigation against governments or charities.
Flashcard 109:
Q: What is the impact of waiver agreements on liability?
A: Waivers can limit liability for ordinary negligence but not for gross negligence or intentional torts.
Flashcard 110:
Q: What is the “firefighter’s rule”?
A: Bars recovery for injuries incurred by public safety officers in the line of duty, based on assumption of risk.
III. Intentional Torts (1–20)
Flashcard 1:
Q: What are the elements of battery?
A: (1) Intent to cause harmful or offensive contact, (2) Contact occurs, (3) Contact is harmful/offensive to a reasonable sense of personal dignity.
Flashcard 2:
Q: What is “dual intent” in battery?
A: Requires intent to act and intent to cause harm or offense.
Flashcard 3:
Q: What is the “Eggshell Skull Rule”?
A: Defendants are liable for all resulting harm, even if the harm is unforeseeable or more severe due to the plaintiff’s condition.
Flashcard 4:
Q: What is transferred intent?
A: If a defendant intends to harm one person but unintentionally harms another, the intent transfers to the actual victim.
Flashcard 5:
Q: What are the elements of assault?
A: (1) Intent to cause apprehension of harmful/offensive contact, (2) Imminent apprehension results.
Flashcard 6:
Q: What distinguishes assault from battery?
A: Assault requires apprehension of imminent contact; battery requires actual contact.
Flashcard 7:
Q: What is false imprisonment?
A: Intentional confinement of another person within fixed boundaries, without lawful privilege.
Flashcard 8:
Q: What are the defenses to intentional torts?
A: Consent, self-defense, defense of others, defense of property, necessity, and discipline.
Flashcard 9:
Q: What is the standard for trespass to land?
A: Intentional entry onto another’s land without permission, regardless of harm caused.
Flashcard 10:
Q: How does trespass to chattels differ from conversion?
A: Trespass to chattels involves temporary interference, while conversion involves substantial interference or deprivation of property.
Flashcard 11:
Q: What is IIED?
A: Intentional Infliction of Emotional Distress requires extreme and outrageous conduct causing severe emotional harm.
Flashcard 12:
Q: What is the policy rationale for no insanity defense in tort law?
A: Holding the insane accountable encourages caretakers to take precautions.
Flashcard 13:
Q: What case illustrates the “Eggshell Skull Rule”?
A: Vosburg v. Putney – Defendant caused significant injury by light contact, illustrating liability despite unforeseeable harm.
Flashcard 14:
Q: What is the defense of private necessity?
A: Allows trespass to protect oneself or property from imminent harm but requires compensation for damages.
Flashcard 15:
Q: What is the defense of public necessity?
A: Permits trespass or damage to private property to prevent a greater public harm, without compensation.
Flashcard 16:
Q: What is the standard for offensive contact in battery?
A: Contact must offend a reasonable sense of personal dignity or be highly offensive to a known sensitivity.
Flashcard 17:
Q: What is conditional consent in trespass?
A: Consent is limited to specific conditions; exceeding those conditions constitutes trespass.
Flashcard 18:
Q: What is the take-away from Katko v. Briney (spring gun case)?
A: Deadly force cannot be used to defend property unless there is a threat to personal safety.
Flashcard 19:
Q: What is the key takeaway from Ploof v. Putnam (storm docking case)?
A: Private necessity justifies trespass but requires payment for damages caused.
Flashcard 20:
Q: What is offensive battery in White v. University of Idaho?
A: Even non-harmful contact (teacher mimicking piano keys) can be battery if it is intentional and unconsented.
IV. Duty (21–40)
Flashcard 21:
Q: What is the default rule for duty in negligence?
A: Duty arises when the defendant’s actions create a foreseeable risk of harm.
Flashcard 22:
Q: What is the reasonable person standard?
A: An objective standard assessing how a reasonable person would act under similar circumstances.
Flashcard 23:
Q: What is the duty owed to trespassers?
A: No duty for undiscovered trespassers; duty to warn or make safe for known or foreseeable trespassers.
Flashcard 24:
Q: What is the attractive nuisance doctrine?
A: Landowners owe a duty of care to children trespassing due to an enticing, dangerous condition.
Flashcard 25:
Q: What is the duty owed to licensees?
A: Duty to warn of hidden dangers the landowner knows about, but no duty to inspect.
Flashcard 26:
Q: What is the duty owed to invitees?
A: Duty to inspect for and correct dangers and to make the premises safe.
Flashcard 27:
Q: How does Rowland v. Christian modify landowner duties?
A: Eliminates strict categorization of trespassers, licensees, and invitees, imposing a general duty of reasonable care.
Flashcard 28:
Q: What are the exceptions to the general rule of no duty to rescue?
A: Special relationships, voluntary undertakings, or situations created by the defendant’s negligence.
Flashcard 29:
Q: What case illustrates no general duty to rescue?
A: Yania v. Bigan – No duty to rescue an adult who voluntarily jumped into a trench.
Flashcard 30:
Q: What is the policy rationale for limiting rescue duties?
A: Avoid deterring bystanders and discouraging volunteer rescuers.
Flashcard 31:
Q: When does a special relationship create a duty to rescue?
A: Examples include carrier-passenger, innkeeper-guest, employer-employee, or school-student.
Flashcard 32:
Q: What is the holding in Soldano v. O’Daniels?
A: A business has a limited duty to allow emergency phone use if it poses no danger to them.
Flashcard 33:
Q: What is the key takeaway from Tarasoff v. Regents of the University of California?
A: Therapists have a duty to warn identifiable victims of a patient’s threats.
Flashcard 34:
Q: What is the “public duty doctrine”?
A: Public officials owe a duty to the public at large, not individuals, unless a special relationship exists.
Flashcard 35:
Q: What is the difference between nonfeasance and misfeasance?
A: Nonfeasance is a failure to act; misfeasance is an act performed carelessly.
Flashcard 36:
Q: What case demonstrates liability for voluntary undertakings?
A: Bloomberg v. Interinsurance – Tow company abandoned rescue, creating liability.
Flashcard 37:
Q: What duty is owed in Brosnahan v. Western Airlines?
A: Airlines owe a duty to supervise passenger safety during boarding.
Flashcard 38:
Q: What duty is imposed under Octillo v. Superior?
A: Assuming responsibility for another (e.g., taking keys from a drunk driver) creates a duty of care.
Flashcard 39:
Q: What is the duty standard under Restatement (Third) §7?
A: Actors have a duty to exercise reasonable care when their conduct creates a risk of harm.
Flashcard 40:
Q: What is the holding in Herrick v. Wixom?
A: Known trespassers are owed a duty of care for dangerous activities, even if their identities are unknown.