Torts Principles & Liability Rules Flashcards

An employer instructs a delivery driver to make deliveries only within the city. The driver detours 20 miles to visit a friend and causes an accident on the detour. Is the employer vicariously liable?

Answer: No, because the driver was on a frolic outside the scope of employment

A substantial departure from authorized routes constitutes a frolic, taking the employee outside the scope of employment and relieving employer liability.

A defendant is sued for private nuisance. Which element distinguishes private nuisance from trespass to land?

Answer: Nuisance involves interference with use and enjoyment without physical intrusion

Private nuisance protects against substantial, unreasonable interference with use and enjoyment of land, not requiring a physical entry that trespass demands.

A child trespasses onto a railroad's property and is injured by an unlocked switch left near the tracks. Which doctrine may allow the child to recover despite being a trespasser?

Answer: Attractive nuisance doctrine

The attractive nuisance doctrine imposes a duty on landowners when an artificial condition is likely to attract and injure trespassing children.

Paula suffers severe emotional distress after witnessing her child struck by a negligently driven car. Paula was not in the zone of danger herself. Under the majority rule (Dillon/Thing factors), can Paula recover for negligent infliction of emotional distress?

Answer: Yes, if she was present, closely related to the victim, and observed the injury

The Dillon/Thing bystander rule allows recovery when the plaintiff was present at the scene, closely related to the victim, and observed the injury.

A surgeon operates on the wrong patient due to a hospital scheduling error. The patient sues the surgeon for battery. Which element is most critical to establishing battery?

Answer: The surgeon made intentional contact with the patient without consent

Battery requires intentional, harmful or offensive contact without consent; the surgeon's intent to perform surgery without proper consent satisfies this even without harmful intent.

A landlord fails to repair a broken staircase despite repeated tenant complaints. A tenant falls and is injured. Under the modern approach to landlord-tenant tort liability, the landlord is most likely liable based on:

Answer: Negligence for failing to exercise reasonable care after notice

The modern rule imposes a negligence duty on landlords to maintain common areas and repair known defects after receiving notice.

Dan punches Victor in the face. Victor sues for battery. Dan claims he was defending himself because Victor insulted him verbally. Is verbal provocation a valid defense to battery?

Answer: No, words alone do not justify a physical response

Verbal provocation, no matter how offensive, does not justify battery; the privilege of self-defense requires a reasonable belief of imminent physical harm.