Day 1

Question 1

Elements of Fraud

Answer 1

1. The D knowingly or recklessly misrepresented a material fact with the intent to induce the P’s reliance.
2. The P justifiably relied on the misrepresentation and suffered pecuniary (ie, financial) loss as a result.

Question 2

Elements of Defamation Liability for Slander

Answer 2

1. The D knowingly made a false statement about the P. (Or neg. failed to determine its falsity).
2. The statement was defamatory, meaning the type of statement would tend to harm the P’s reputation.
3. The D intentionally or neg. communicated the statement to a 3rd party who understood it.
4. the statement caused the P’s special damage (usually monetary loss) or was slanderous per se.

Note Exception: defamation of a deceased person is not actionable.

Question 3

Mnemonic FEAR for Extreme and Outrageous Conduct

Answer 3

F - Flagrant indecency
E - Exploiting know & special vulnerability
A - Abusing authority
R - repeated harassment

Question 4

Can a P recover for Compensatory Damages in an IIED Claim?

Answer 4

Generally, P’s must prove bodily harm to get compensation for emotional harm. However, in an IIED claim a P can recover Comp damages for emotional distress without proof of bodily harm if they can show that D:
1. engaged in extreme or outrageous conduct (see FEAR)
and
2. intentionally or recklessly caused the P severe emo distress.

Question 5

Elements of a Libel claim

Answer 5

Libel is defamation in words, written, printed or otherwise recorded in permanent form. (Most courts say this includes emails).

Libel claim requires proof that:

1. The D knowingly made a false statement about the P or Neg. failed to determine it’s falsity
2. The statement was defamatory, meaning the statement would have a general tendency to harm the P’s reputation.
3. The D intentionally or negligently communicated the statement to a 3rd party

Question 6

Damages for Libel

Answer 6

Once proved with the elements, a P can recover general damages, which are any damages that compensate the P for harm to the P’s reputation. Repetitional harm can be presumed for libel because it is more permanent and more easily spread than slander (ie spoken defamation).

Question 7

Contibutory negligence at common law

Answer 7

General rule: P’s negligence is a complete bar to recovery
Exception: LAST CLEAR CHANCE RULE, like VA, recovery is permitted if D:
- had last clear chance to avoid P’s injury
and
- failed to use reasonable care to do so

Question 8

Traditonal Land Posseser Duty to Warn

Answer 8

A land Possessor traditionally owes licensees a duty to warn about latent dangers of which the land possessor is, or should be, aware

Question 9

Elements of Attractive nuisance doctrine

Answer 9

Land possessors have a duty to exercise reasonable care to protect child trespassers from artificial (ie man made) conditions on their land when:

(Need all 4)

1. the condition is located where the land possessor knows or should know that children are likely to trespass
2. the land possessor knows or should know that the condition poses an unreasonable risk of serious bodily harm or death to children
3. children of the trespassers age cannot reasonable discover or appreciate the risk

and

4. the risk outweighs the conditions utility and the burden of eliminating the risk

Question 10

What type of compensatory damages can a plaintiff recover ?

Answer 10

Can recover damages for:

1. the initial physical harm (ie personal injury, property damages)

**and **

2. any subsequent harm - physical, economic, or emotional - that occurs as a normal consequence of that initial harm

Question 11

Who does a land possessor owe a duty of reasonable care too?

Answer 11

Foreseeable land entrants. no such duty is owed to unforeseeable land entrants (eg undiscovered or unanticipated trespassers)

Question 12

When is an employer vicariously liable under the doctrine of respondant superior?

Answer 12

An employer is vicariously liable for torts committed by its employees while acting within the scope of employment - ie performing assigned work or engaging in conduct subject to the employers control.

Question 13

When does strict products liability apply to a commercial seller?

Answer 13

When its defective product causes the plaintiffs harm.

This can be due to a
1. manufacturing defect
2. design defect
3. or inadequate warning.

Question 14

Elements of defective design for a strict product liability

Answer 14

A product is defective by design when:
- the design creates a foreseeable risk of physical harm
and
- the risk could have been mitigated by a reasonable alternative design (eg a modification that reduces the risk for a reasonable cost).