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Question 1

What damages is a plaintiff entitled when Defendant commits conversion of a chattel?

Answer 1

Plaintiff is entitled to the Fair Market Value of the chattel, at the time the chattel was converted.

Question 2

What is the liability rule for Pure Comparative Negligence?

Answer 2

Each Defendant is liable for their percentage of fault.

Plaintiff may recover no matter how great Plaintiff’s negligence was in causing the injury.

However, Plaintiff’s award will be reduced by Plaintiff’s negligence percentage.

Question 3

What is the liability rule for Contributory Negligence?

Answer 3

Contributory Negligence may act as a total bar to recovery by the Plaintiff if the Plaintiff was negligent in any way.

Contributory Negligence may be raised as a defense by the Defendant.

Question 4

What are the Four Privacy Torts?

1. ___________
2. ___________
3. ___________
4. ___________

Answer 4

Commercial appropriation
false Light
Intrusions into one’s seclusion/solitude
Public disclosure of private fact

Question 5

Many comparative negligence jurisdictions have adopted a partial or modified form, where Plaintiff may recover damages only if….

Answer 5

Plaintiff’s negligence is at or below a threshold level. (ex: 49% or 50%).

A Plaintiff entitled to recover will have Plaintiff’s recovery reduced by the amount of Plaintiff’s negligence.

Question 6

What is the Prima Facie for False Imprisonment?

Answer 6

Prima Facie for False Imprisonment

1. Act/omission by Defendant that confines/restrains Plaintiff to Bounded Area
2. Intent by Defendant to do so
3. Causation

Question 7

What damages may a Plaintiff recover if Defendant is liable for False Imprisonment of Plaintiff?

Answer 7

Plaintiff may recover all Foreseeable Damages that arise from the tort.

This includes Humiliation.

Question 8

In a strict liability action based on a defective product, at which point does dealer’s liability attach to dealer?

Answer 8

Upon sale.

Dealer’s liability attaches when Dealer sells the defective product to the consumer, not upon consumer’s use, or any other point.

Question 9

True or False:

Strict Liability for owning a wild animal will pass liability to the owner for harm that results from a person attempting to flee.

Answer 9

True

An owner of a wild animal will be strictly liable for the damage caused by the animal, including harms that result from persons attempting to flee.

Question 10

What is the PF for Private Nuisance?

Answer 10

Private Nuisance

1. Substantial, unreasonable interference (objective standard)
2. With another private individual’s use or enjoyment of property
3. That person actually possesses

Question 11

What kind of liability/duty attaches to rescuers when they attempt to rescue another person?

Answer 11

Rescuers have a duty to act reasonably when Rescuers attempt a rescue.

If a Rescuer carries out an attempt at rescue negligently, the Rescuer is liable for any harm caused by the Rescuers negligent acts.

Question 12

What is the PF for Battery?

Answer 12

Battery

1. Harmful/offensive contact to the Plaintiff
2. Intent by Defendant to commit the act that made contact
3. Causation

Noticeably, there is no Damages/Harm element required.

Question 13

What is the PF for Trespass to Land?

Answer 13

Trespass to Land

1. Act of physical invasion on Plaintiff’s real property
2. Intent by Defendant to bring bout the physical invasion
3. Causation

Note: Intent my be as simple as doing nothing, if Defendant knows with “substantial certainty” that something from Defendant’s property will invade Plaintiff’s property.

Question 14

Actual Damages are required by what intentional tort?

Answer 14

Intentional Infliction of Emotional Distress.

Question 15

Strict Liability arises when an individual participates in an Abnormally Dangerous Activity.

What is the PF for an Abnormally Dangerous Activity?

Answer 15

Abnormally Dangerous Activity

1. The activity creates a foreseeable risk of serious harm even if reasonable care is exercised by all actors
2. The activity is not matter of common usage in the community

Question 16

When may a defendant be liable for intentional torts committed by third parties?

Answer 16

A defendant is liable for intentional torts committed by third parties if the harmful result/intentional tort is a normal incident of/within the risk that was increased by defendant’s acts.

(ex: valet parker parks unlocked car in high crime area)

Question 17

What is the PF for Intentional Infliction of Emotional Distress?

1. ___________
2. ___________
3. ___________
4. ___________

Answer 17

Intentional Infliction of Emotional Distress

1. Act by defendant amounting to Extreme and Outrageous conduct
2. Intent by defendant to cause plaintiff to suffer severe emotional distress, or recklessness by defendant as to effect of defendant’s conduct
3. Causation
4. . Damages of severe emotional distress.

Question 18

What is the ‘Firefighters’ Rule” in Torts?

Answer 18

The Firefighters’ Rule bars claims for injuries that result from risks that are unique or special to the plaintiff’s inherently dangerous work.

Commonly, this is applied to firefighters or police who respond to the scene of an emergency and are subsequently injured.

Question 19

True or False:

A doctor’s duty of care may extend to relatives of the doctor’s patient in negligent infliction of emotional distress claims.

(e.g., doctor misdiagnoses patient, patient dies, patient’s family members suffer emotional distress and subsequently sue doctor.)

Answer 19

False

A doctor’s duty of care extends only to doctor’s patient, and will not extend to patient’s family members.

Question 20

May a patient recover on a basis of products liability against the patient’s doctor, if the patient suffered injury due to an undetectable manufacturing defect in the doctor’s medical equipment?

Answer 20

No, the patient cannot recover on the basis of products liability, because the doctor is not in the business of selling needles. He is a service provider.

Therefore, the doctor would not be an appropriate defendant in a suit for strict products liability.

Question 21

How are damages collected in a tort action against multiple defendants, each of whom are equally liable for the damages?

(ex: Plaintiff sues A, B, C, D for $100,000. A, B, C, D are each 25% liable for Plaintiff’s injuries.)

Answer 21

Under joint and several liability, the entire amount can be collected from any one of the defendants. That defendant, in turn, can seek to recover a proportional share of the damages from the other defendants.

(ex: A could be responsible for $100,000, as could B, C, and D. However, if A was sued for $100,000, A could in turn sue each of B, C, D for their proportion of the damages.)

Question 22

What is the PF for Third Party Emotional Distress?

other than proving the PF for IIED

Answer 22

Third Party Emotional Distress PF

1. Plaintiff was present when injury occurred
2. Plaintiff is a close relative of the injured person
   3) The Defendant knew facts 1 and 2

Question 23

What is the PF for Battery?

Answer 23

Battery PF

1. Harmful or Offensive Contact
2. To plaintiff’s person
3. Intent by Defendant
4. Causation

Damages are not required; nominal damages may be assumed.

Question 24

When are punitive damages available in suits for Battery?

Answer 24

Punitive damages may be awarded to plaintiff if defendant’s conduct was malicious.

Question 25

What is the PF for Assault?

Answer 25

Assault PF

1. Act by defendant creating a Reasonable Apprehension in plaintiff.
2. Of Immediate Harmful or Offensive Contact to plaintiff’s person
3. Intent
4. Causation

Damages are not required; nominal damages may be assumed, punitive damages may be awarded if defendant’s conduct was malicious.

Question 26

An ad-maker published an ad that featured a celebrity-look-alike. The ad did not show the celebrity look-alike’s face, but the ad depicted the look-alike in a similar position/clothing as the celebrity.

May the celebrity bring suit under Misappropriation of the Right to Publicity?

Answer 26

Yes.

A common law right of publicity can be violated when an advertisement, viewed as a whole, leaves little doubt that the ad is intended to depict a specific celebrity who has not consented to the use of his identity.

Question 27

A driver negligently ran over a pedestrian. A bystander witnessed the accident from across the street. The bystander ran to the pedestrian, whom he did not know, and administered first aid, but the pedestrian died in the bystander’s arms. The bystander suffered serious emotional distress as a result of his failure to save the pedestrian’s life, but he experienced no resulting physical manifestations. The bystander brought a negligence action against the driver.

Why Is the bystander unlikely to prevail?

Answer 27

The buystander will not prevail because the bystander had no familial or other preexisting relationship with the pedestrian.

Even states that allow witnesses who are not in the zone of danger to recover for the emotional distress of observing an accident limit recovery to witnesses who are closely related to the injured person.

Question 28

Whether an invasion constitutes a nuisance or not is determined by analyzing whether the alleged nuisance…

_________________________________________.

Answer 28

Whether an invasion constitutes a nuisance turns on whether it causes significant harm of a kind that would be suffered by a normal member of the community.

Question 29

A company manufactured metal stamping presses that were usually sold with an installed safety device that made it impossible for a press to close on a worker’s hands. The company strongly recommended that its presses be purchased with the safety device installed, but would sell a press without the safety device at a slightly reduced price.

Rejecting the company’s advice, a worker’s employer purchased a stamping press without the safety device. The press closed on the worker’s hand, crushing it.

In an action brought by the worker against the company, will the worker prevail?

Answer 29

Yes, because the company sold the press to the worker’s employer without an installed safety device.

A product is defective if it fails to include a feasible safety device that would prevent injuries foreseeably incurred in ordinary use.

Question 30

True/False:

Punitive damages are not available in ordinary negligence cases.

Answer 30

True.

Punitive damages are not available in ordinary negligence cases.

Question 31

The privilege of Self-Defense permits a Defendant’s use of force to what extent?

Answer 31

The privilege of self-defense permits the use of force the Defendant reasonably believed to be necessary given the threat posed by the plaintiff.

Question 32

The elements for strict products liability are:

1. ___________
2. ___________
3. ___________
4. ___________

Answer 32

The elements for strict products liability are:

(1) Merchant,
(2) Defect in product (manufacturing or design defect),
(3) Actual Cause (i.e. defect existed in hands of manufacturer), and
(4) Intended use or reasonably foreseeable misuse.

Question 33

Karen was crossing Main Street at a crosswalk. John, who was on the sidewalk nearby, saw a speeding automobile heading in Karen’s direction. John ran into the street and pushed Karen out of the path of the car. Karen fell to the ground and broke her leg.

In an action for battery brought by Karen against John, will Karen prevail?

Answer 33

Yes, if Karen was not actually in danger and John should have realized it.

Battery is the intentional infliction of a harmful or offensive contact with victim’s person. Contact is offensive if a reasonable person would not have consented to the contact.

Consent can be implied from the plaintiff’s conduct or from circumstances.

In this case, John saw a speeding automobile heading in Karen’s direction so he ran into the street and pushed her out of the path of the car. Assuming that Karen’s life was actually in danger, Karen’s consent to this contact would be implied from circumstance.

Therefore, in an action for battery brought by Karen against John, Karen would only prevail if Karen was not actually in danger and John should have realized it.

Question 34

Plaintiff and Defendant played a physical game of pick-up basketball, in which Plaintiff suffered a dental injury caused by Defendant.

What is Defendant’s likely defense and potential liability?

Answer 34

Consent is a valid defense to battery. Consent may be implied from the victim’s conduct, custom or from the circumstances.

Apparent consent exists in activities where minor invasions are routine (e.g. playing pick-up basketball). However, even if there is consent, a defendant will nevertheless be liable if her actions go substantially beyond the scope of the consent.

Question 35

What is required for a defendant in a Tort claim to assert the affirmative defense ‘Privilege of Arrest’?

Answer 35

Under the privilege of arrest, a defense to intentional torts, a private citizen may arrest another without warrant if:

(1) a felony was actually committed; and
(2) the private citizen has reasonable grounds to believe that the suspect committed the felony.

Question 36

What must a plaintiff prove to succeed on a design defect claim against a manufacturer?

What may manufacturer offer as a defense?

Answer 36

Design defect applies when all products of a line are same but have dangerous propensities.

Plaintiff must show:

1) Defect
2) Existence of the defect when product left ∆’s control
3) ∆ could have made product safer w/o serious impact on price/use

Manufacturer will not be liable if they show:

1) Danger is apparent
2) No safer way to make it

Question 37

What must plaintiff prove to make out a claim of Private Nuisance?

Answer 37

Plaintiff must prove that Defendant’s actions amount to:

1) a substantial unreasonable interference with
2) π’s use/enjoyment of property that π has right to possess

Question 38

What must a plaintiff prove to make out a claim of Public Nuisance?

Answer 38

Plaintiff must prove that Defendant’s actions amount to:

1) Unreasonable interference with the health/safety/property rights of the community.
2) To recover personally, π must suffer unique damages

Question 39

What is implied under the warrant of Merchantability?

Answer 39

The warrant of Merchantability implies that:

1) Goods are of average acceptable quality
2) Generally fit for ordinary purpose

Question 40

What must a plaintiff prove to make out a claim of Defamation (at common law)?

Answer 40

To establish a claim of Defamation, at common law, a plaintiff must prove:

1) Defamatory language
2) Of/concerning π
3) Publication to 3rd person
4) Damage

Question 41

In all _______ states, plaintiff will be barred from recovery if plaintiff’s negligence is > 50%.

Answer 41

Partial Comparative Negligence.

In all Partial Comparative Negligence states, plaintiff will be barred from recovery if plaintiff’s negligence is > 50%.

Question 42

What is “colloquium” and what is its function in Defamation cases?

Answer 42

Colloquium involves pleading additional facts to show that a defamatory statement refers to a plaintiff, when the statement, on its face, does not name plaintiff.

Question 43

Assumption of Risk is a defense to ________ or __________, but NOT to a defense to __________.

Answer 43

Assumption of Risk is a defense to reckless conduct or gross negligence, but NOT to a defense to intentional torts.

Question 44

What must a plaintiff prove to make out a claim of Trespass to Land?

Answer 44

1) Physical invasion of π’s real property
2) Intent by ∆ (only intent to be present, ∆ doesn’t need to know ∆ is on π’s property or that ∆ is committing trespass)
3) Land is π’s land (ad coelum doctrine applies)
4) Note: there is no damage requirement. Damages are presumed.

Question 45

Generally, defamation requires a defamatory statement about the plaintiff that is published by the defendant to a third person and that damages the plaintiff’s reputation.

When the defamation refers to a public figure or involves a matter of public concern, the First Amendment requires that the plaintiff also show:

1) _____________
2) _____________.

Answer 45

1) Falsity
2) Fault by the defendant

When the defamation refers to a public figure or involves a matter of public concern, the First Amendment requires that the plaintiff also show that the defamation is 1) false and 2) fault by the defendant.

Question 46

In slander per se, damages are presumed.

What four kinds of defamatory statement are slander per se?

Answer 46

Slander per se exists when the defamatory statement is an accusation of:

1. Crime of Moral Turpitude,
2. “Loathsome” disease (VD or leprosy)
3. Sexual misconduct (by a woman only)
4. Adversely reflects on conduct in business, profession, trade or office.

Question 47

What must a plaintiff prove to make out a claim of Trespass to Chattels?

Answer 47

A π must prove:

1) act by ∆ interferes with π’s right of possession
2) Intent (intent to interfere, not intent to trespass, so mistake is not a valid defense)
3) Cause
4) Damages (req’d)

Question 48

What must a plaintiff prove to make out a claim of Conversion?

Answer 48

A π must prove:

1) act by ∆ interferes with π’s right of possession
2) Intent; (intent to interfere, not intent to trespass, so mistake is not a valid defense)
3) Cause
4) Damages

Question 49

What is the distinction between Trespass to Chattels and Conversion?

Answer 49

The Difference is degree/magnitude of harm
o Trespass to Chattels: little harm
o Conversion: major harm

The remedies are also different.

• Trespass to Chattels: ∆ must pay cost to repair property
• Conversion: ∆ may be liable for the full cost of replacement

Question 50

What must a plaintiff prove to make out a prima facie claim of Strict Liability for Supplying a Defective Product?

Answer 50

Plaintiff must prove:

1) Commercial Supplier
2) Produced/sold a defective product that is unreasonably dangerous to users
3) Actual and proximate cause
4) Damages

Question 51

What duty of care is owed by a land owner to an Unknown Trespasser?

Answer 51

No duty of care is owed to an unknown trespasser.

However, an unknown trespasser may be a known trespasser, if the unknown trespasser is anticipated/expected, which may arise if a landowner has knowledge that a trespasser habitually trespasses.

Question 52

What is an Inviteee?

And what duty of care is owed by a land owner to an Invitee?

Answer 52

An Invitee is a guest who enters to confer economic benefit (business customer, church attendee).

A land owner owes a duty to warn/protect against all hazards that are:

1. Concealed
2. Known/or could be reasonably discovered

This is the highest level of duty owed.

Question 53

What is a Licensee?

And what duty of care is owed by a land owner to an Licensee?

Answer 53

A Licensee is an invited guest bringing no economic benefit (girl scout selling cookies, Jehovah’s Witness, guest at Super Bowl party).

A land owner owes a duty to warn/protect against all hazards that are:

1. Concealed: from the guest
2. Known: by landowner/possessor

Question 54

And what duty of care is owed by a land owner to a Known Trespasser?

Answer 54

Landowner must protect Known Trespasser against hazards that meet 4-part test:

• 1. Artificial: opposite of “natural”, anything man-made.
• 2. Highly Dangerous: there is no duty for ‘moderately dangerous’ hazards
• 3. Concealed: no duty for obvious hazards
• 4. Prior Knowledge: owner must actually know (subjective knowledge

Question 55

What must a plaintiff prove to make out a prima facie claim of Commercial Appropriation of π’s Picture/Name?

Answer 55

A π must show:

1. Unauthorized use of π’s name/picture
2. For ∆’s commercial advantage

Question 56

What must a plaintiff prove to make out a prima facie claim of Intrusion on π’s Seclusion?

Answer 56

A π must show:

1. An act of prying/intruding (into private thing)
2. That would be highly offensive to reasonable person

Question 57

What must a plaintiff prove to make out a prima facie claim of False Light?

Answer 57

A π must show:

1. Publication of an act/view to π
2. That is untrue
3. And highly offensive to reasonable person

If the matter is of public interest, π must show actual malice by ∆.

Question 58

What must a plaintiff prove to make out a prima facie claim of Public Disclosure of Private Facts?

Answer 58

A π must show:

1. Public disclosure of private info (even if the info is true). 2. Must be highly offensive to reasonable person of ordinary sensibilities