Miscellaneous Quiz / Torts Cases #2 (Ben Asher)

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Forced Order
Score 0/53 Timer 11:00
If no imminent physical danger to others - violates the suspect's right to be free from unreasonable seizure to use dealy force.
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
Mentally disabled man injures other w/ touching; Do not need to intend harm, just contact.
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
Mother Mink Frightened by Blasting + Kills Kittens; Proximate cause limits ultrahazardous liability
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
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.
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
Mailboxes at intersection led to accident; Sovereign Immunity applies where act reflects an exercise of discretion
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.
Man threatens to break women's neck over phone; Abusive language does not give rise to an assault claim absent special relationship
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
African American had plate snatched away; Doctrine of Extended Personality in Battery
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
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
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
Clinton was super aggressive in coming onto state employee, + abused power; High Bar of Outrageousness
P was a belligerent drunk who was hit by D after he bumped D; Provocation does not bar recovery
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
Law student injured when skywalks fell + drops out; Compensatory damages for permanent injury = reasonably relate to nature + extent, age, present + future econ. losses + costs, +
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
Products liability not limited by contract
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
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 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
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 was threatening another w/ gun + accidently shot him; Intent element of assault can provide intent element of battery; Transferred Intent (1): Across Torts
Man in facility for alcoholism; False imprisonment claim based on threats despite release request = show vulnerable P confronted w/ an oppressive, intimidating environment.
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.
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
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
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
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
Bystander crashed into by defective car; products liablity extends to bystanders and nonusers
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
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
Man attempted to shoot person w/ gun, but unloaded; Prima Facie Assault
Coworker massages women from behind; Battery does not require an intention to actually cause harm or offense, so long as touch intentional
Boy pulls chair from under aunt; Battery possible w/out contact if knowledge permit inference that action will cause physical injury
Police officers able to briefly detain for purpose of investigation
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
Mortars used by D for years caused distruption to neighbor after extension built; A property’s occupant may come to nuisance - only a consideration
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
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
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
D stayed mored during storm after unloading cargo, damaging dock; Prop damage but private necessity = compensate property owner; Corrective justice, distributive justice, + efficie
Women wakes up next to man after being rapped by another; Aiding + abetting can give rise to assault
Man beat up after party by three jelouse men; Prima facie battery
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
Survey poorly done, so D thought fence was on his property; Strict liabilty; a trespass claim = no notice requirement + no fault tort

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Created Dec 1, 2015ReportFavoriteNominate
Tags:asher, ben, case, tort

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