1-1 Lund Torts

You must have knowledge of confinement/restraint to recover for false imprisonment.

False Imprisonment can occur even if it’s just threats.

Which of the following statements best describes the Latin term damnun absque injuria?

The Third Restatement on Negligence agrees with Learned Hand’s B lesser than PL analysis.

The Restatements would agree with a court holding that a four year old boy who moves a chair, causing an old lady to fall and break her hip, should be liable for an intentional tort.

Brutus calls Popeye and tells him that he is coming over to beat him up. Brutus is likely liable for assaulting Popeye.

A RR is negligent to two passengers by missing their stops. Passenger A finds a nearby hotel and spends the night. She is injured when the kerosene lamp in her room catches her bed on fire. Passenger B is dropped off in a seedy neighborhood and attempts to walk home. She is raped twice. Using Harm within the Risk Doctrine, the RR can be held liable for both passengers.

“Where one of two innocent persons must suffer loss, it should be borne by the one who occasioned it.” This statement best describes the rule for intentional torts that:

The court in Cooley v. Public Service Co. (plaintiff goes nuts after power line lands on her telephone cable)would have found the defendant liable to both the plaintiff and to persons on the ground under which of the following theories of liability?

10. Which of the following is not a valid defense to battery:

I lock my younger brother in his first story room that has a window. He can probably not sue me for falsely imprisoning him.

I get pulled over for speeding when I am late to pick up a date. I will likely not be held liable if I can prove I thought I was acting as a reasonable person would that was late for a date.

At common law, a person was automatically liable for allowing fire to leave her property.

The reason why the court held the defendants liable in Brown v. Dellinger (two boys start fire in plaintiff’s BBQ) is because they illegally entered the plaintiff’s property.

There should be an explicit double standard of conduct, namely, an external standard for a defendant’s negligence and a (relaxed) subjective standard for contributory negligence.” This statement supports compensation.

If a defendant pleads “molitur manus” as a defense to a suit for assault and battery, it means that the plaintiff consented to a fight.

Assuming judges were able to use Hand’s “B lesser than PL” formula to assess the reasonableness of defendants’ conduct, which of the following would judges likely do when writing their opinions in order to most persuasively communicate the unreasonableness of the defendant’s conduct?

The standard of reasonable care for engineering of utilities equipment (e.g., fireplugs in Blyth v. Birmingham Water Works) requires that engineers take into consideration the full range of conditions to which the equipment will be subject during its product “lifetime.”

In a B lesser than PL analysis, the Plaintiff needs the B to be as small as possible to impose negligence.

A replevin is a type of writ that you would use to get your property back.

George is in a wheelchair. He is going down the ramp to the law school when he notices Tommy walking on the sidewalk below. In an effort to wave to Tommy, George loses control of his wheelchair and is injured. He sues the law school because he claims the ramp was too steep, though it is built to code and many others in wheelchairs have used the ramp without a problem. The law school will probably still be liable.

The legislature codifies a common law rule that it is illegal to jaywalk. This is an example of a declaratory law.

In Menlove (novice farmer builds hay stack near plaintiffs cottages), the court’s decision arguably endowed the defendant with knowledge he did not, in fact, possess.

The Menlove defendant’s beef with the trial court’s jury charge was that it did not take into consideration his personal knowledge of stacking hay ricks near other’s property lines.

Chris is sixteen years old. He decides to light fireworks in an open field next to an elementary school. One of the fireworks goes out of control and hits a child at the school. Chris will likely be held to the standard of a reasonable sixteen year old in this situation.