IL major distinctions

Question 1

Defamation- Private persons must prove

Answer 1

NEGLIGENCE
- A private person bringing a defamation action must prove that the D made the statement with negligence, EVEN IF IT DOES NOT INVOLVE A MATTER OF PUBLIC CONCERN

Question 2

Landowner duty

Answer 2

• ORDINARY CARE TO INVITEES AND LICENSES
  IL does NOT distinguish b/w invitees and licensees- both are owed a duty of ORDINARY CARE
• IL has not changed the trespass rules

Question 3

Violation of statute is what in IL

Answer 3

Violation of statute is only PRIMA FACIE EVIDENCE of negligence
- rather than negligence per se (conclusive presumption of negligence)”

Question 4

zone of danger std for bystanders suing for emotional distress

Answer 4

IL: a bystander who sees someone negligently injured by a tortfeasor CANNOT recover for negligent infliction of emotional distress if she was not

1) W/I ZONE OF DANGER
2) even when she is closely related to the victim.

Question 5

partial comparative negligence

Answer 5

IL has adopted PARTIAL COMPARATIVE NEGLIGENCE

- A p is barred from recovery if he is more than 50% at fault

Question 6

when is a P barred from recover under partial comparative negligence in IL

Answer 6

when the P is more than 50% at fault

Question 7

P’s fault in strict liability actions

Answer 7

• If P in strict liability action was contributory negligent, first determine the nature of P’s negligence
  1) a P KNOWINGLY contributory negligence/ implied assumption of the risk WILL reduce or bar the P’s recovery depending on the degree of their fault, because IL applies its comparative negligence statues to this case

2) P’s UNKNOWINGLY or passive contributory negligence (such as failure to discover or guard against an unknown risk) is NOT A DEFENSE;
- IL does not apply its comparative negligence statute in these cases.
- P recovers everything

Question 8

In IL under strict liability what if P’s UNKNOWINGLY or passive contributory negligence happened

Answer 8

(such as failure to discover or guard against an unknown risk) is NOT A DEFENSE;

• IL does not apply its comparative negligence statute in these cases.
• P recovers everything

Question 9

IN IL under strict liability what if P’s KNOWINGLY contributory negligence/ implied assumption of the risk will do?

Answer 9

WILL reduce or bar the P’s recovery depending on the degree of their fault, because IL applies its comparative negligence statues` to this case

Question 10

Parent liability for childs tort

Answer 10

Parents are liable for their child’s WILLFUL OR MALICIOUS torts up to $20,000

Question 11

what are parents held for kids torts in IL

Answer 11

Parents are liable for their child’s WILLFUL OR MALICIOUS torts up to $20,000

Question 12

Tender years

Answer 12

a child under the age of 7 is presumed not to be responsible for his acts.

• Remains for a child b/w ages of 7-14, but this presumption can be overcome by proof of the intelligence and capacity of the child.
• A child who is 14 or older, who engages in adult activity is held to an adult std of care