Exam 3 Missed Questions

Question 1

What are the three theories of recovery for NIED?

Answer 1

1. zone of danger
2. bystander
3. special situation

Question 2

When does liability under the bystander theory of NEID arise?

Answer 2

1. the D neg. causes serious bodily injury to the P’s close relative,
2. the P contemporaneously witnesses that event,
   AND
3. the P consequently suffers serious emo. distress

Question 3

Vicarious liability (for an indp. contractors conduct) requires proof that:

Answer 3

A Contractors work involved a non-delegable duty owed by the D- a duty that cannot be assigned to a 3rd party to avoid liability- and the contractor’s breach of that duty (ie negligence) cause the P’s harm

Question 4

Punitive damages may only be awarded for torts involving

Answer 4

intentional or reckless conduct.

punitive damages cannot be awarded for negligence, which involves mere unreasonable conduct. (that is not reckless)

Question 5

Under the rule of apparent agency, a D may be vicariously liable for a 3rd parties torts if:

Answer 5

1. the P reasonably believed that the 3rd party was acting within the scope of an agency relationship with the D
   AND
2. that belief was traceable to the D’s manifestations. (words or conduct.)

Question 6

Is consent a complete defense to defamation?

Answer 6

Yes, can be apparent, actual or implied.

Question 7

Apparent consent to defamation

Answer 7

exists when the P’s words or conduct were reasonably understood by the D as consent to the defamatory communication.