Missed Torts

Question 1

What are the elements of misrepresentation?

Answer 1

1. False representation of material fact (only when there is special relationship, duty to disclose exists)/fiduciary relationship
2. Scienter
3. Intent to induce P to rely
4. Causation
5. Justifiable reliance - NO reliance, if lay opinion or obviously false
6. Damages - actual economic loss

Question 2

What’s the damage for trespass to chattel

Answer 2

Actual damages

Question 3

Can you use force to stop a trespass committed out of necessity?

Answer 3

NO

Question 4

What is the emergency doctrine?

Answer 4

You can act if
1. purpose is to prevent or reduce a risk
2. reasonably believe that the conduct is necessary to reduce risk
3. immediate action is necessary
4. Reason to believe that Pw would have consented

Question 5

What duties do mental health professionals have?

Answer 5

Only duty to use reasonable care to identify and mitigate any foreseeable risk of physical harm that their patients pose to others

Question 6

Can you recover for product liability if there is only pure economic damage?

Answer 6

NO

Question 7

What are the elements for intrusion upon seclusion

Answer 7

D’s act of intrusion into P’s private affairs, highly offensive to a reasonable person

Does not require special damages

Question 8

What the elements for false light

Answer 8

Publication of facts about P that place him in false light objectionable to a reasonable person under circumstances

If it is matter of public interest, must show malice

Question 9

What are the elements for misappropriation

Answer 9

Unauthorized use of P’s picture, name, likeness, resemblence for D’s advantage
+ There is no consent + Some sort of Injury

Special damage no required
Ok if not named and no face, but figure is same

Question 10

What are the elements for public disclosure of private facts?

Answer 10

Public disclosure of private facts that would be highly offensive to a reasonable person and is not public concern

If your facts happen in public, it is not private facts

Question 11

Bailor duties. When it is gratuitous? When it is compensated?

Answer 11

Gratuitous - duty to warn bailee of know dangerous defects

Compensated - duty to warn bailee of defects that are known or should have been known by the bailor had he used reasonable diligence

Question 12

Bailee duties. When it is gratuitous? When it is compensated? When there is mutual benefit?

Answer 12

Gratuitous - liable only for gross negligence

Compensated - must exercise extraordinary care

Mutual benefit - must take reasonable care

Question 13

Does slander require a showing of special damages?

Answer 13

Yes

Question 14

Does slander per se require a showing of special damages?

Answer 14

No

Question 15

Is social host liability recognized in common law?

Answer 15

No

Question 16

What is dram shop law?

Answer 16

P must prove:
(1) Business sold alcohol to a minor or someone who was visibly intoxicated at the time of the sale
(2) P’s injuries were a proximate result of intoxication

Question 17

What is abnormally dangerous activity?

Answer 17

Uncommon in the community, poses a foreseeable risk of injury that cannot be mitigated, lack of value to the community

ONLY strictly liable for harm that stems from the abnormally dangerous characteristic of that activity

Question 18

When does alternative liability apply?

Answer 18

When there were multiple tortfeasors, at least one of them caused P’s harm, and it is impossible to tell which one of them did

Must show

Question 19

Can P recover for both initial physical harm and subsequent harm?

Answer 19

Yes. If the subsequent harm is a normal consequence of that initial harm

Question 20

Informed consent

Answer 20

Physician who fails to disclose the risk of medical treatment is liable for negligence if (1) failure to disclose caused patient to consent and (2) the undisclosed risk caused the harm

Question 21

Transferred intent apply when

Answer 21

It applies when A tries hit person B and hit person C

Does not apply to animal to human

Question 22

What are liability for seller of house with dangerous condition?

Answer 22

Liable for physical harm caused by an artificial condition that
- existed at the time of sale
- seller has knowledge of it and it pose risk

Liability continues until buyer had reasonable opportunity to discover and remedy

Question 23

What is never a defense in a tort action?

Answer 23

Inability to pay

Question 24

What are the special relationship that creates a duty to protect?

Answer 24

Parent/child
Hospital/Patient
Employer/employees
Shopkeeper/business invitee
Common carrier/passengers
Custodian/person in custody
Innkeeper/guest

Must protect them from harm arising within the scope of that relationship

Question 25

What are liabilities for car owners

Answer 25

Negligent entrustment
- D knows/should know of driver’s or user’s negligent propensities

Owner liability
- Liable for anyone driving with permission

Family purpose doctrine
- liable for family members driving with permission

Question 26

When is a parent primarily liable for the child’s negligence

Answer 26

D fails to exercise reasonable care to prevent minor child if
1. parent can control child AND
2. knows or should know the necessity and opportunity for exercising such control