Extra Final Exam Study Stuff

Question 1

Interference with a contract

Answer 1

someone who has knowledge of an existing contract and who intentionally interferes into that contract by inducing a party to breach. the defendant is liable to the other contracting party for any resulting consequential damages.

Question 2

What are the elements court usually considers in determining whether an activity is ultrahazardous?

Answer 2

(i) if the activity involves a risk of serious harm to persons or property;
(ii) if the activity is one that cannot be performed without risk of serious harm no matter how much care is taken; and
(iii) if the activity is not one commonly engaged in by the persons in the community.

Question 3

Elements of Negligent Misrepresentation?

Answer 3

1. False Representation
2. Negligence - about the info
3. Intended to Induce Reliance
4. Justifiable Reliance
5. Damages

Question 4

Products Liability - MUST PROVE:

Answer 4

1. Duty: owed from all sellers to foreseeable Plaintiff’s
2. Breach: look for carelessness in design, manufacturing, warning, packaging, shipping, inspection, testing, etc.
3. Causation: factual & proximate cause
4. Damages: physical injury and property damage, but NOT pure economic loss
5. Defenses (4)

Question 5

Manufacturing defect:

Answer 5

Product not as intended
1. Product must differ from most others made; more dangerous that those that
conform

Question 6

Design Defect:

Answer 6

Product is as intended, but design is flawed or poorly designed
1. Occurs when intended design of the product is inadequate and needlessly
dangerous

Question 7

Tests for Unreasonably Dangerous Design Defects

Answer 7

1. Consumer Expectation: Whether product is more dangerous than would be contemplated by the ordinary consumer with ordinary common knowledge about its dangers. (what the consumer reasonably expects)
2. Risk v. Utility (6 factors)
   (a) usefulness and desireabiliyt
   (b) likelihood and severity of injury
   (c) availability of alternatives
   (d) users ability to avoid danger
   (e) users expectations
   (f) feasibility of manufacturer spreading the risk of loss

–> Safer Alternative Test: P must prove- a safer, practical, alternative deign was available to manufacturing

Question 8

WARNING DEFECT ISSUES: No duty to warn when…

Answer 8

1. (obvious hazard doctrine) danger open and obvious
2. (learned intermediary rule) when warnings & instructions may be directed to the physician rather than to the patient

Question 9

R2sd §402(A) ELEMENTS

Answer 9

1. Commercial Seller who sells a product with a defective condition that is unreasonably dangerous due to
   (a) manufacturing defects
   (b) design defects
   (c) warning + instruction defects
2. Is liable for physical HARM or property damages to user/consumer
3. If the product is expected to + does reach consumer WITHOUT substantial CHANGE from the condition in which its sold.

Question 10

WARRANTIES (2)

Answer 10

1. Express Warranty: P may recover if the seller misrepresents a product quality. An assertion of fact- a material representation about products composition, durability, performance, safety, etc. MORE THAN OPINION OR PUFFING
2. Implied Warranty: P may recover if the seller’s product has a defect that makes it unfit for its ordinary intended purposes. (affects merchantability)

Question 11

MISREPRESENTATION

Answer 11

Misrepresentation is a false representation of a material fact intended to induce reliance in the plaintiff and on which plaintiff justifiable relies and damages result

Question 12

FALSE REPRESENTATION OF MATERIAL FACT…..example sentences

Answer 12

1. The false representation occurred when…

2. The fact is material because…

Question 13

RULE Elements Misappropriation

Answer 13

1. Used Name or Likeness
2. The Use of P’s Name or Likeness was for the Def’s
   own purposes or benefit commercially
3. P Suffered Damages
4. Defendant caused the damaged

Question 14

Privacy Torts Defenses

Answer 14

Public Concern / Newsworthy or Privilege - 1st Amendment]

Question 15

RULE Elements Intrusion Upon Seclusion

Answer 15

1. Intrusion into a Private place, conversation, or matter

2. In a manner that is Highly Offensive to a reasonable person

Question 16

RULE Elements Public Disclosure of Private Facts

Answer 16

1) Publicity
2) Private Facts
3) Highly Offensiveness
4) Absence of legitimate public concern

Question 17

RULE Elements False Light - About Emotional Distress NOT Reputation
Constitutional
Reputation

Answer 17

1) Plaintiff Disclosed to one or more persons information about Def that was Presented as Factual but that was Actually False or
created a false impression about him

2) Information was understood by one or more persons to whom it was disclosed as stating or implying something highly offensive that would have a tendency to

injure P’s Reputation

3) By Clear + Convincing Evidence , stated with Constitutional Malice
4) P was damaged by the disclosure

Question 18

Defamation

General Rule =

Answer 18

(1) capable of a defamatory meaning

(2) of and concerning the plaintiff

Question 19

Libel RULE Elements - Written Defamation

Answer 19

i. Publication
ii. Of a False Statement
iii. Of and Concerning the Plaintiff
iv. Capable of Damaging his Reputation
v. ~AND~
vi. Which caused Economic Loss or actionable w/o Economic loss

Question 20

Slander (per se) RULE Elements - Spoken Defamation

Unprivileged Publication which:

Answer 20

1) Charges any person w/ a Crime or punished for a crime or

2) a Loathsome Disease or
3) Tends to injure him w/ respect to his office or profession by representing him as generally disqualified or something that has a natural tendency to lessen profit or

4) Serious Sexual Misconduct
5) or which by natural consequences causes Actual Damage