Exam 2 Missed Questions

Question 1

Defamation elements

Answer 1

requires proof that the D intentionally or negligently communicated a FLASE statement about the plaintiff to a 3rd party.

Neg. comm occurs when it is reasonably foreseeable that a third party might hear the D’s statement.

IE: Overhearing offensive statement at a diner party

Question 2

does coming to a nuisance bar a nuisance claim?

Answer 2

NO, however the court will consider this factor in determining whether the P can recover.

Question 3

In negligence case is a mentally incompetent person held to the same standard of care as a reasonably prudent person with ordinary intelligence and knowledge.

Answer 3

Seems weird but YES. Remember the mentally incompetent chef in the peanut allergy case.

Question 4

Can a D whose extreme and outrageous conduct that harmed a 3rd party be liable for IIED if the D acted with the purpose of inflicting and did inflict severe ED on the P.

Answer 4

Yes, regardless of wether the P witnessed the conduct or was closely related to the 3rd party.

Question 5

Private nuisance is:

Unusal sensitivity?

Answer 5

Priv. nuisance is a sub. and unreasonable interference with the P’s use and enjoyment of their prop.

An interference is no sub. if the P’s unusual sensitivity causes them to find it offensive, annoying, or intolerable when a normal person in the community would not.

The nightshift worker who complains about the sound coming from factory is unusually sensitive to noise during the day.

Question 6

Trespass to chattels:

Answer 6

The intentional interference w another tangible PP through dispossession, use, or intermeddling.

The D’s erroneous belief, because of mistake of fact or law, that he/she was privileged to do the interfering act is no defense.

Question 7

A D is privileged to publicly disclose facts about the P’s private life if:

Answer 7

1. the disclosure is in a fair and accurate report of a public meeting
   AND
2. the meeting dealt with matters of legitamte public interest.

IE: the disclosure of learning disability diagnosis, at a school board meeting was fair and accurate and dealt with school board expenditures which were a matter of public interest.

Question 8

A D is privileged to use deadly force in self defense if the D

Answer 8

REASONABLY not ACTUALLY believes that:
1. a person is intentionally inflicting or about to inflict unprivileged force.
2. such force puts the D in peril of death, serious, bodily harm or rape.
AND
3. he/she can prevent the prevent the peril only by immediately using deadly force.