Misc.

Question 1

What are the four invasion of privacy torts?

Answer 1

Appropriation, intrusion, “false light”, and public disclosure

Question 2

What are the elements of a nuisance action?

Answer 2

1) Interference with the use/enjoyment of land (2) which someone actually possesses or has an immediate right to possess (3) which is substantial and unreasonable

Question 3

When is a defendant liable for invasion of privacy based on appropriation?

Answer 3

When the defendant appropriates the plaintiff’s picture or name without consent for their commercial advantage

Question 4

What is the doctrine of respondeat superior?

Answer 4

An employer is vicariously liable for the torts committed by their employee in the scope of the employment relationship.

Question 5

When is an employer liable for the intentional torts of their employees?

Answer 5

When the employee is furthering the employer’s business purposes, when force is authorized by the employment, or when the employment produces friction.

Question 6

What are the rules governing vicarious liability for the conduct of independent contractors?

Answer 6

An employer is NOT liable for torts committed by an independent contractor unless they have the right to control the manner/means of the contractor’s work OR the tortious conduct involves a non delegable duty of the employer (duty to keep business safe for customers, contractor engaged in abnormally dangerous activities).

Question 7

What is a common limitation on the immunity of a municipality from tort liability?

Answer 7

The court will not apply immunity to proprietary functions of the municipality, functions that might as well have been performed by a private actor

Question 8

When is qualified privilege a defense to a defamation suit?

Answer 8

If D shows a public interest in encouraging candor during certain communications

Question 9

How can the scope of a qualified privilege be exceeded?

Answer 9

If D acted with actual malice

Question 10

What are examples of situations in which a qualified privilege might exist?

Answer 10

References/recommendations/statements to a potential employer, reports of public hearings/meetings, statements made to those who will take official action, statements made to organizational colleagues