Torts Flashcards

A landowner owes the highest duty of care to which class of entrant?

Answer: Invitees

An invitee—one who enters with express or implied permission for a purpose connected to the landowner's business or where the land is open to the public—is owed the highest duty: reasonable care to inspect, repair, and warn of known dangers.

Under Massachusetts law, the traditional distinctions between trespasser, licensee, and invitee were replaced by what standard?

Answer: A single reasonable care standard for all lawful entrants

Massachusetts abolished the common-law categories in Mounsey v. Ellard (1973), adopting a reasonable care standard for all lawful entrants on the premises.

Which intentional tort requires proof that the defendant placed the plaintiff in reasonable apprehension of an imminent harmful or offensive contact?

Answer: Assault

Assault requires the defendant to intentionally cause the plaintiff to have a reasonable apprehension of an imminent harmful or offensive contact; actual contact is not required.

Under the law of nuisance, a private nuisance claim protects against:

Answer: A substantial and unreasonable interference with the plaintiff's use and enjoyment of their own land

Private nuisance requires a substantial and unreasonable interference with the plaintiff's use and enjoyment of land, and not every inconvenience rises to the level of an actionable nuisance.

Under strict liability for abnormally dangerous activities, which factor is NOT relevant?

Answer: Whether the defendant exercised due care

Strict liability for abnormally dangerous activities does not require proof of negligence—the defendant's exercise of due care is irrelevant because liability is imposed regardless of fault.

In Massachusetts, the statute of limitations for most personal injury tort claims is:

Answer: 3 years from the date of injury

Under M.G.L. c. 260, § 2A, the general statute of limitations for personal injury tort actions in Massachusetts is three years from the date the cause of action accrues.