Miscellaneous Quiz / Torts Cases #2 (Ben Asher)

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Can you name the Torts Cases?

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Police officers able to briefly detain for purpose of investigation
Mentally disabled man injures other w/ touching; Do not need to intend harm, just contact.
D unmoored boat that P tied to dock during storm - boat + passengers then injured; Necessity can justify interference w/ other's property that would normally rise to trespass.
D drove truck w/ mobile home across P's property but no damage done b/c snow; Punitive damages available for trespass to protect property rights
P fired by company + need access to files on computers; May bring a conversion claim when D intentionally asserts dominion over P’s property; no tangible or intangible requiremen
Vet + Student (reporter) visit property, + student goes in P's home; Trespass claim where trespasser exceeds scope of consent, which is not limited to a geographical area.
Man blew smoke into other man's face; Battery need not be physical in the traditional sense
D rented apartment to P but then = reign of intimidation + harrasment after finding boyfriend black + daughter mix raced; IIED appropriate. Punitive damages okay if behavior suffic
Professor at Columbia - letters to restaurants re food poisoning; Can have IIED claim where evidence D harrassed or intimidated w/ reckless disregard for consequences + no alt theo
Man in facility for alcoholism; False imprisonment claim based on threats despite release request = show vulnerable P confronted w/ an oppressive, intimidating environment.
Coworker massages women from behind; Battery does not require an intention to actually cause harm or offense, so long as touch intentional
D flooded P's coal mines when creating reservoir land; Person who disrupts natural state by lawfully bringing something onto it that, if it escapes, is capable of doing harm = stri
Survey poorly done, so D thought fence was on his property; Strict liabilty; a trespass claim = no notice requirement + no fault tort
Train station employees woke tresspasser from drunken stooper while in safe space, + tresspasser then fell asleep on track where he was run over; Can have affirmative duty to tresp
Chinease speaker uses lye to clean drain + splashes some in eye; A defendant not liable for design defect if evidence shows that product’s utility outweighs its inherent risk of
D stayed mored during storm after unloading cargo, damaging dock; Prop damage but private necessity = compensate property owner; Corrective justice, distributive justice, + efficie
Firework explodes wrong place + injures bystander; Operator of public fireworks display is strictly liable; lists out factors for determining ultrahazardous activity; Strict liabil
Friend jokingly kicks friend in but, injuring her; Where D intentionally touches P in a manner that would be offensive to reasonable person, contact constitutes battery, not neglig
Football player used for tackling practice by large coach; Even if party explicitly or implicity consent to contact in rec. activities, can have battery claim if contact outside sc
Man told women if she would love + pet him he would fix her clock, while being close + large; Objective basis for apprehension of fear required for assault claim
Mortars used by D for years caused distruption to neighbor after extension built; A property’s occupant may come to nuisance - only a consideration
Motel knows bedbugs but still rents + says ticks; Punitive damages require sufficient evidence that D’s actions = willful + wanton conduct; Deterence + preventing profit from fra
Westboro baptist church protest funeral; private figures engendered some protection from IIED claims
Women wakes up next to man after being rapped by another; Aiding + abetting can give rise to assault
Ship doc gave shot to person who stood in line + held out hand; liability barred if genuine + reasonable belief of consent stemmed from P's actions
Man threatens to break women's neck over phone; Abusive language does not give rise to an assault claim absent special relationship
Clinton was super aggressive in coming onto state employee, + abused power; High Bar of Outrageousness
Boy kicks other boy lightly in class, which causes infection to spread + boy to lose leg; If harm intended then D liable for injuries; Egg-Skull (Thin-Skull) Doctrine
D shot at one person + hit another; Still intentional wrongful act, even if the person injured was not the person actor intended to harm; Transferred intent (2): Across victims
Lava burns iron worker's lip, leading to cancer + death; D may be liable for damages where the victim’s type of injury was foreseeable—even if the extent injury not; Thin Skull
Person was shooting at dog + hit dog's owner; Intend to commit wrongful act, then liable for consequences; Transferred intent (4): From Things to Property
P being stalked - ask for 5-0 help, + stalker had lye thrown in face; Absent legislation, not liable for failure to protect the public from crim. activity; Public duty rule + Alloc
African American had plate snatched away; Doctrine of Extended Personality in Battery
If no imminent physical danger to others - violates the suspect's right to be free from unreasonable seizure to use dealy force.
Man beat up after party by three jelouse men; Prima facie battery
Driver drove recklessly near P + friends spat at/threatned P, who swerved off road; Threatening words may form basis for assault if accompanied by conduct or circumstances
Mother Mink Frightened by Blasting + Kills Kittens; Proximate cause limits ultrahazardous liability
Spring gun shot trespasser; in protecting property, may not use force calculated to cause death or serious bodily injury, except where threat to person justifies self defense
Boy pulls chair from under aunt; Battery possible w/out contact if knowledge permit inference that action will cause physical injury
Products Liability Overview Case - guns and three types of defects; Manufacturer liable when product defective at time it left manufacturer’s hands + such defect caused injury
Manager accuses man of stealing, threatens to and calls 5-O; Can have claim for false imprisonment if the P was willfully detained by threat, w/out any physical restraint; Shopkeep
P was a belligerent drunk who was hit by D after he bumped D; Provocation does not bar recovery
Law student injured when skywalks fell + drops out; Compensatory damages for permanent injury = reasonably relate to nature + extent, age, present + future econ. losses + costs, +
Dog at neighbors house again, so man confronted neighbor aggresively; The use of reasonable force in self-defense shields D from a claim of assault + battery.
Bystander crashed into by defective car; products liablity extends to bystanders and nonusers
P slept w/ D's daughter, so D + others beat up P, + told him if he did not leave town he would be killed; Threat of future harm may give rise to a claim for IIED
Sanitary service operating new composting facility - cause horid smell; Injunction abating a nuisance improper if hardship to D in enforcing greatly outweighs benefit to P; Factors
Man was threatening another w/ gun + accidently shot him; Intent element of assault can provide intent element of battery; Transferred Intent (1): Across Torts
Cement plant w/ byproducts - neighbors argue nuisance; Damages, not injunction, appropriate when damages from nuisance = signif. less than benefit from party causing harm; Coase Th
Mailboxes at intersection led to accident; Sovereign Immunity applies where act reflects an exercise of discretion
Products liability not limited by contract
Truck's breaks failed leading to accident + deaths - Driver did not know; Punitive damages require evidence that D proceeded intentionally knowing act was naturally + likely to cau
Man attempted to shoot person w/ gun, but unloaded; Prima Facie Assault

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