MBE Torts

Question 1

Traditional Duty for land owners

Answer 1

Licenses
Invites
Trespassers

Question 2

Landlord Tenant

Answer 2

Protect from reasonable attacks

Question 3

Attractive Nuesuence

Answer 3

Special duty for Children

1. autoficial condition and know children come
2. unreasonable risk
3. children can not appreciate risk
4. burden to make safe is less than the harm

Question 4

Duty of Child

Answer 4

reasonable child of the same age, except engaged in an adult activity

Question 5

Professionals

Answer 5

Another professional in the same community

Question 6

Doctors

Answer 6

Doctor owes duty to perform based on NATIONAL standard

Question 7

3 factors of Breach

Answer 7

1. Foreseeability
2. Severability of Harm
3. Burden on the Defendent to prevent harm

Question 8

Res Ispa Loquiter

Answer 8

Need a situation of no direct evidence of negligent conduct, but an injury occurs.

P injury would not occur unless someone was negligent. P must show D was in exclusive control.

P had no role in causing its own injury

Question 9

Negligence per se

Answer 9

When have a statute, bring up.

Failure to meet statute could be a breach.

(write statute out, then decide 1. is P in the class of person designed to protect and 2. P suffered the type of harm to be prevented by statute)

Question 10

Proximate Cause

Answer 10

injury foreseeable

intervening cause- an outside force or action that contributes to P harm that may cut off D liability.

Question 11

Actual Cause

Answer 11

P must show “but-for” D action, injury would not have occured.

If substantial cause, then can be blamed.

If multiple tort feases, then can shift burden to D to show it was not them.

Question 12

Negligence Damages

Answer 12

actual damages and not just economic loss.

liable for full injury, even if extent of injury isn’t foreseeable.

Question 13

Defenses to Negligence

Answer 13

1. Contributory Negligence
2. assumption of risk

Question 14

NIED

Answer 14

1. P in Zone of Danger
2. Bodily harm or manisfestion

Question 15

NEID Bystander

Answer 15

1. within zone of danger or
2. family member and not in zone of danger can still recover

Question 16

Strict Liability

Answer 16

1. abnormally dangerous activity
2. Wild animal
3. product liability

Question 17

Abnormally dangerous activity and defenses

Answer 17

(1) High risk of harm (2) not commonly found in community and (3) has a risk that can not be done with due car.

Defenses

• Assumption of risk

Question 18

Wild Animal

Answer 18

Wild animal or a domestic animal that the owner knows has a dangerous propinsity

Question 19

Strict product liability

Answer 19

D who is in the professional business of selling is liabile if a defective product foreseeable damages P

1. Manufactorer, reseller, retailer
2. defective product
3. proximate cause- use in foreseeable way
4. damages- personal injury or property damages
5. Damages

Question 20

Defective product

Answer 20

1. manufacting defect- one time defect produced during manufactoring
2. design defect- product is created as intended but design it self is wrong.

consumer expectation test- dangerous beyond an ordinary consumer

risk utility- a reasonable alternative design was availible and the failure to use made the design dangerous.

3. No warning or failures to warn of foreseeable risk of harm

Question 21

Defenses Strict Liability

Answer 21

1. P knows of defect and still uses product
2. P assumes risk
3. warrenty (express, implied,

Question 22

Deformation Elements

Answer 22

1. Of or concerning P
2. Published by third party
3. Damages

Question 23

Defamatory Language

Answer 23

Harms P reputation

Question 24

of or concerning P

Answer 24

Clear to a reasonable person that statement was about them

Question 25

Liable vs. Slander

Answer 25

Liable assume damages, but slander do not.

Question 26

Public vs. private individual

Answer 26

private-

Public

Question 27

COnstitutional Defemation requirements

Answer 27

if P is a public official/figure or private individual but statements are public concern then have to prove the below elements

1. False
2. Fault, but diffeent standard to earlier
3. D acted with malice and had knowledge that the statement was false or acted negligently in not finding out if true.
   4.

Question 28

Defenses to Defamation

Answer 28

1. truth
2. consent
3. absolute/qualified privledge

Question 29

Misappropriation

Answer 29

P use of name/likelessness without persmission for own commercial gain

Question 30

intrusion upon secclusion

Answer 30

If D intrudes on P affairs and to a reasonable person would be objectionable.

Question 31

False Light

Answer 31

If D publishes facts about P that place P in false light that would be reasonable offensive to a person.

Question 32

Public disclosure of private facts

Answer 32

Publish facts that would be highly offensive and the public has no right to know.