Exam Missed Questions

Question 1

On the MBE what rules apply for compensatory damages for negligence, unless stated otherwise?

Answer 1

1. Pure comparative negligence - when the P’s own negligence contributes to his/her harm, the P’s recovery is reduced by hi/her proportionate share of fault.

and

2. Joint and several liability - when multiple D’s cause the P’s indivisible harm, the P can recover the total amount of damages from any D ( who can then sue the others for contribution).

Question 2

What is a private nuisance?

Answer 2

Substantial and unreasonable interference w the P’s use and enjoyment of. his/her prop.

An interference is unreasonable if it effectivley renders the land unavilable for ordinary use or enjoyment and satisfies certain criteria - eg, when the interference was motivated entirley or almost entirly by malice.

Question 3

when does an affirmative duty to disclose material facts exist?

Answer 3

If the P is:
1. in a fiduciary relationship w the D,
2. likely to be misled by the D’s prior statements
OR
3. mistaken about a basic fact or the transaction that the D is aware of and should disclose (minority of JDX).

Question 4

When does products liability based on misrepresentation arise?

Answer 4

When
1. a commercial seller misrepresented a material fact about a product.
2. the P justifiably relied on that misrepresentation, and
3. the product caused the P physical harm.

Question 5

Conversion is?

Answer 5

An intentional exertion of dominion or control over chattel that so seriously interferes with the owner’s right of control that the owner should recover the fair market value of the chattel at the time of conversion.

Question 6

Is A 3rd party who repeats a defamatory statement to someone else liable for defamation?

Answer 6

Yes, even if the republisher/ repeater identifies the originator and expresses lack of knowledge as to its truthfulness.

Basically, gossips who repeat defamation are also liable for libel.

Question 7

Are criminal acts of third parties superseding causes? like the construction in a bad neighborhood problem?

Answer 7

Yes, these are superseding causes unless the D had reason to know that their negligence would increase the risk that such acts would occur.

The construction company should have realized that its neg. could create an opportunity for a 3rd party to commit a crime

Question 8

Under pure comparative negligence doctrine - how is a negligent P’s recovery reduced?

Answer 8

It is reduced by the negligent P’s proportionate share if fault.

Question 9

Joint and several liability

Answer 9

Any one of multiple tortius D’s who caused the P indivisible harm can be held liable for the P’s total amount of damages.