LAW 122 Final: LAW 122 Final Exam Review

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Document Summary

There are 3 classification of torts: intentional, negligent, strict liability. Starting the legal analysis: step process: facts issue law application, suppose you are given a set of facts and asked to spot the issue . If it is a tort, what kind of tort is it? (intention, negligent, strict liability) Intentional act: causing person or object to interfere with land. Intentional, but low test(intention to act: land: above, on, or below. Remedies for trespass to land: damages: compensatory,, nominal, or punitive, removal of trespassers: arrest of trespassers; use of reasonable force in arrest. Injunction: preventing ongoing trespass; requirement to remove trespassing structure. No vicarious liability when : employer is not vicariously liable for independent contractors (non-employees, employee tort occurred completely outside the employment relationship. Independent contractors: sometimes preferable for a business to have work performed by an independent contractor (example of risk shifting , employee vs.