Torts Fall Final Review

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Across
  1. 2. Negligence where the plaintiff recovers nothing; the plaintiff failed to exercise ordinary care for her own safety
  2. 7. defendant created a new harm/risk of harm
  3. 9. not known or suspected to the possessor; no duty or duty to refrain
  4. 11. intent to commit a tort on one person but committing tort against another
  5. 15. (1)duty owed (2)breach of duty (3)injury, damages (4)breach was actual and proximate cause of damages
  6. 18. extent of duty owed; generally due care
  7. 19. those the possessor is actually aware of or suspects; duty to notify of manmade dangerous conditions
  8. 25. (1)intentionally (2)causes reasonable apprehension (3) of a harmful or offensive contact
  9. 26. negligence where the plaintiff receives excess damages
  10. 28. (1)intent (2)cause contact that is harmful (3) with another
  11. 29. duty imposed by statute
  12. 31. case involving nursery rhyme
  13. 33. plaintiff will not recover if negligence exceeds 50.1% of fault
  14. 34. there for the financial benefit of the owner; duty to inspect and make safe
  15. 37. example of exceptions to battery: socially acceptable contact and history between parties
  16. 38. defendant argues plaintiff knew and appreciated the exact nature of the danger
  17. 40. Case where elderly woman struck caregiver; intent to act and appreciation of conduct necessary
  18. 42. case against donut shop owner; needed medical proof of severe distress
  19. 43. agreed to dangers before action
  20. 44. when a reasonable person would find it offensive
  21. 45. (1)extreme and outrageous conduct (2)intentionally or recklessly (3)that causes (4)severe emotional distress
  22. 47. whether a plaintiff can prove the elements of her claim
  23. 48. time and space; foreseeability of injury and victim
Down
  1. 1. case where doctor was shot; totality of circumstances for 3rd party criminal acts
  2. 3. barrier to battery
  3. 4. defense to battery
  4. 5. plaintiff only recovers if her percentage of fault is below a certain threshold(majority); some 50%+
  5. 6. burden, probability, loss
  6. 8. knew of dangers and participated anyway
  7. 10. those who enter the land with permission, not conducting business (BESTIE); duty to warn of concealed dangers
  8. 12. allows a plaintiff to establish an inference of negligence; good when evidence is harder to prove
  9. 13. carjacked in apartment complex; ruled on BPL
  10. 14. (1)intent to act, (2)appreciate the harmful or offensive nature of the conduct
  11. 16. defendant has done nothing, including helping
  12. 17. any physical impairment of the body
  13. 20. en employer is liable for negligent acts of employees
  14. 21. governs the liability to a person who enters the premises and is injured because of the condition of the premises
  15. 22. but for the defendant's breach the plaintiff would not have suffered harm
  16. 23. intent to make contact
  17. 24. (1)foreseeability of harm/injury occurring (2)possible magnitude of the potential harm (3)social value of activity (4)usefulness of conduct (5)feasibility of safer alternative conduct (6)costs and burden of safer conduct (7)usefulness of safer conduct (8)safety of alternative conduct
  18. 27. as a defense to assault, battery, and false imprisonment; (1)reasonable force (2)actually believed use of force was necessary (3)was reasonable to believe force was necessary (4)used force to prevent unlawful and immediate harm
  19. 30. Case against hotel
  20. 32. those who enter land without permission
  21. 35. a desire or purpose that a given consequence will occur, knowledge to a substantial certainty that a given consequence will occur
  22. 36. Case against Utah State for a woman getting hit by a mentally ill patient; found that appreciation of contact need not occur
  23. 39. take the plaintiff as they come
  24. 41. defendant acted intentionally wrong or unlawful, causing harm
  25. 46. whether a duty was owed at all