Missed Torts Question Rules

Question 1

Defense of Property

Answer 1

Defense of property is okay so long as the force that is used to defend property is reasonable fore. Force that can potentially inflict serious bodily harm or death is prohibited. **Cannot use indirect deadly force when it could not lawfully used directly.

Question 2

Negligence Per Se

Answer 2

A clearly stated duty of care created by a criminal statute may replace the more general duty of care if the proponent of the statutory standard shows that:

(i) he is in a class intended to be protected; and
(ii) statute was designed to prevent the harm caused.

Question 3

Joint and Several Liability

Answer 3

When 2 or more tortious acts combine to proximately cause an indivisible injury to the P, each tortfeasor is jointly and severally liable for the entire damage that occurred.

Question 4

Does Joint and Several apply even if everyone acted independently?

Answer 4

Yes! The caveat is that if the actions are independent, P’s injury is divisible and it is possible to ID the portion of injuries caused by each defendant. Then each defendant will be liable for their independent portion.

Question 5

Defamation (public figure)

Answer 5

When a public figure is suing for defamation, they have to prove defamation based on an “Actual malice” standard. Meaning that the P must show that the D made the statements knowing they were false or with reckless disregard to its truth or falsity.

Question 6

Defamation rule statement

Answer 6

A false, defamatory statement, concerning the P, in a publication, harmful to P’s reputation.

Question 7

Defamation rule statement

Answer 7

A false, defamatory statement, concerning the P, in a publication, harmful to P’s reputation.

Question 8

Wild Animals – Strict Liability

Answer 8

An owner of a wild animal (i.e., non domestic), even one kept as a pet will be strictly liable for the damage caused by the animal. Even if the animal is tamed, it will be classified as a wild animal.

Question 9

Common Carrier and Duty of Care

Answer 9

The duty of care owed by a common carrier is a high duty of care and would be liable for slight negligence **Double check this.

Question 10

Prima Facie case for Battery

Answer 10

Requires:

1. An act;
2. By the D;
3. That creates harmful or offensive contact;
4. To the P;
5. Intentionally

**Substituting a surgeon without consent of the patient can be considered battery because a new surgeon an operation can be considered a harmful and offensive contact since it is unconsented.

Question 11

Establishing liability in Strict Liability

Answer 11

The P must prove:

(1) D is a commercial supplier of the product;
(2) the product is expected to be supplied to the consumer w/o substantial change in the condition in which it is supplied.