Day 7

Question 1

Multiple tortfeasor liability

Answer 1

If multiple tortfeasors act pursuant to a common plan or design (ie act in concert) and at least one of them causes the P’s harm, then all of the tortfeasors are jointly and severally liable for the harm.

Question 2

What is trade libel ?

Answer 2

A D may be liable for trade libel if they make a false and derogatory statement about the quality of the P’s business or products with actual malice and communicate the statement to a 3rd party knowing that it will likely cause (and does cause) the P to suffer pecuniary loss.

Question 3

What are the nondelgable duties?

Answer 3

1. Maintain safe conditions on premises open to public (mall, restaurant)
2. Safely perform activities that:
   - are abnormally dangerous
   - infringe on private prop. rights (nuisance/trespass)
   - are reg. by law
   - are conducted in a public place.
3. safely conduct activities on the land that pose a foreseeable risk or harm to others.

Question 4

Is a principal generally liable for torts (negligence) committed by their indp. contractor?

Answer 4

No.

But be aware that the principal may have a nondelegable duty of care that they retain.