MBE test 1 Torts Flashcards
Is proof of a violation of a statute/ordinance proof of negligence?
If statute was enacted to reduce the risk of harm that caused the injury
Defense to libel?
Reasonable belief
What rebuts a prima facia case of negligence?
Evidence of unforseeable event e.g. heartattack & death
Liability of a seller of a product with a manufacturer defect that makes it dangerous to consumer health?
Strict Liability
Joint & Severable liability
Can collect total amount from any 1 defendant
Liability of an owner of a wild/abnormally dangerous animal?
Strict liability for harm caused by the animal’s dangerous nature
Common law Indemnification
Df seeks to be indemnified by third party if Df found liable, but no evidence the df themself engaged in conduct related to injury (Store and driver example)
How may a landowner protect property from instrusion?
By means not likley to cause death or serious injury, and are not hidden (the measure itself could serve as its own warning e.g. barbed wire)
Duty of Care by landowners to Trespassers?
Only for artificial conditions highly dangerous to trespassers, and only when he knows or has some reason to anticipate the trespasser’s presence
Negligence by the power plant for defective valve?
NOT if purchased from a reliable manufacturer & could not have anticipated or prevented the malfunction
Landlord duty to tenant guests?
to act reasonably, thus if not aware of a hazard no duty to protect against it
IIED
allows for personal injury despite absence of physical injury or touching of the PL (EX: shooting their pet in front of them)
Product defect
if it fails to include a feasible safety device that would prevent injuries foreseeably incurred in ordinary use. Offering the device as an alternative is not adequate.
When does an intrusion constitute a nuisance?
Turns on whether it causes significant harm of a kind that would be suffered by a normal member of the community, harm to one abnormally sensitive person is not enough
When would a rescuer be held liable for victim’s injuries?
IF the rescuer increased the risk of harm to the victim, OR the victim relied on the rescuer’s exercise of reasonable care to their detriment
