M(9) Quiz Preparation

Question 1

Value

Answer 1

Value means market value or, in appropriate cases where market value does not adequately reflect the damage to the owner (e.g., destruction of family heirlooms), the value to the owner.

Question 2

Remedy for Conversion

Answer 2

a) the value of the chattel or of his interest in it at the time and place of the conversion; or
(b) the highest replacement value of the commodity within a reasonable period during which he might have replaced it.

Question 3

Return or Tender of Return of Converted Chattel

Answer 3

The amount of damages may, in the discretion of the court, be diminished by a tender of return of the chattel to one entitled to its possession if

(a) it was converted in good faith and under a reasonable mistake, and
(b) its value to the one entitled to possession is not substantially impaired, and
(c) the tender is made promptly after discovery of the mistake and is kept open.

Question 4

Harm to Chattles–Measure of Damages

Answer 4

The damages include compensation for

(a) the difference between the value of the chattel before the harm and the value after the harm or, at his election in an appropriate case, the reasonable cost of repair or restoration, with due allowance for any difference between the original value and the value after repairs, and
(b) the loss of use.

Question 5

Writ of Possession

Answer 5

512. 10. (a) Upon the filing of the complaint …, the plaintiff may apply … for a writ of possession by filing a written application for the writ.
         (b) The application shall be executed under oath and shall include all of the following:
         (1) A showing … that the plaintiff is entitled to possession of the property claimed….
         (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention.

Question 6

Damages for Trespass to Land

Answer 6

the damages include compensation for

(a) the difference between the value of the land before the harm and the value after the harm, or in an appropriate case, the cost of restoration that has been or may be reasonably incurred,
(b) the loss of use of the land, and
(c) discomfort and annoyance to him as an occupant.

Question 7

Nuisance Defined

Answer 7

Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use

Question 8

Private Nuisance

Answer 8

conduct is a legal cause of an invasion of another’s interest in the private use and enjoyment of land, and the invasion is either

(a) intentional and unreasonable, or
(b) unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct, or for abnormally dangerous conditions or activities.

Question 9

Public Nuisance Define

Answer 9

A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

Question 10

Remedies for Public Nuisance

Answer 10

The remedies against a public nuisance are:

1. An indictment or information;
2. A civil action; or,
3. An order of abatement.

Question 11

Private Person Remedies for Public Nuisance

Answer 11

A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.

Question 12

Private Nuisance Remedies

Answer 12

The remedies against a private nuisance are:

1. A civil action; or,
2. An order of abatement.

Question 13

Harm to the Person

Answer 13

(a) bodily harm, emotional distress, and intangible losses resulting from the tort (e.g., loss of consortium, harm to dignity interest);
(b) loss or impairment of earning capacity;
(c) reasonable medical and other expenses;
(d) harm to property or business caused by the invasion.

Question 14

Defamation–General Damages

Answer 14

Rule 1. Rest. 2d of Torts, § 621. General Damages
One who is liable for defamatory communication is liable for the proved, actual harm caused to the reputation of the person defamed.

Question 15

Defamation–Liability Without Proof of Special harm–Libel

Answer 15

One who falsely publishes a libel is subject to liability to the other without proof of special damages. The jury may award presumed damages in such a case.

Question 16

Liability Without Proof of Special Harm–Slander

Answer 16

One who falsely publishes a slander is subject to liability to the other without proof of special damages if the publication imputes to the other
(a) a criminal offense, or
(b) a loathsome disease, or
(c) matter which harms his business, trade, or profession, or
(d) serious sexual misconduct.
The jury may award presumed damages in such a case.

Question 17

Emotional Distress and Resulting Bodily Harm (Libel/Slander)

Answer 17

One who is liable to another for a libel or slander is liable also for emotional distress and bodily harm that is proved to have been caused by the defamatory publication.

Question 18

Invasion of Privacy

Answer 18

2) The right of privacy is invaded by
(a) unreasonable intrusion upon the seclusion of another; or
(b) appropriation of the other’s name or likeness; or
(c) unreasonable publicity given to the other’s private life; or
(d) publicity that unreasonably places the other in a false light before the public.

Question 19

Invasion of Privacy–Damages

Answer 19

a) the harm to his interest in privacy resulting from the invasion;
(b) his mental distress proved to have been suffered if it is of a kind that normally results from such an invasion; and
(c) special damage of which the invasion is a legal cause.

Question 20

Wrongful Death Damages

Answer 20

damages may be awarded that, under all the circumstances of the case, may be just, including pecuniary loss suffered by the heirs and damages for loss of consortium, but may not include damages recoverable in a survival action.