other torts

Question 1

Negligence per se

Answer 1

1. Violation of ordinance/statute with criminal penalty/fines
2. Injured party is of protected class
3. Injury is of the type statute was trying to prevent
   - Never pick a negligence answer choice in NPS question
   - must prove causation and damages for negligence

Question 2

Res Ipsa Loquitur

Answer 2

• Creates an INFERENCE of negligence (duty and breach), if:
  1. Accident would not normally occur unless negligence
  2. D had exclusive control
• Question about a motion: if jury can infer or not
• if P establishes res ipsa, D can’t get directed verdict
• must prove causation and damages for negligence

Question 3

Attractive nuisance

Answer 3

• Artificial condition causing children to trespass
  1. Owner knows or should know of child trespassers
  2. Unreasonable risk of harm
  3. Children cannot appreciate the risk
  4. Cost of remedy/repair is less than the danger
  5. Owner fails to make safe

Question 4

Strict liability

Answer 4

1. Possession of wild animals
   - Non-domesticated animals
   - Injury that would normally occur
   - Domestic animals with dangerous propensities
   - Trespassing animals - SL if damage is reasonably foreseeable (not household pets)
2. Abnormally dangerous activities
   - Excavation, dynamite, toxic chemicals
   Defenses to strict liability
   assumption of risk: Knew and appreciated the risk

Question 5

Product liability

Answer 5

• A product breaks or doesn’t work properly
• 3 causes of action
  
  • Negligence, breach of warranty, strict products liability

Question 6

Product liability - negligence

Answer 6

Negligence in the chain caused the product to break or not work
- claim against retailer or wholesaler will usually fail because can’t prove breach

Question 7

Product liability - breach of warranty

Answer 7

• Promise about product performance
• Mostly express warranties
• Merchantability: product acted as it should
• Fitness for a particular purpose: product only works for particular purpose

Question 8

Product liability - strict liability

Answer 8

1. Defective product
2. Sold by commercial merchant
3. defect existed when product left D’s control
4. reasonable foreseeable use by P
5. damages
   - Inadequate/failure to warn: a type of defective product under strict product liability
   - Strict liability in tort = product strict liability

Question 9

Defenses to strict products liability

Answer 9

1. Assumption of the risk
2. Misuse

Question 10

Private nuisance

Answer 10

• Unreasonable interference with use/enjoyment
• Objective standard

Question 11

Public nuisance

Answer 11

• Unreasonable interference to public
• Brought by government official
• Private Ps must prove SPECIAL damages (unique harm)
• Ex: contaminated water, electric lines that are emanating nuclear power

Question 12

Defamation

Answer 12

1. False statement
2. About P
3. Hurts reputation
4. Publication: heard and UNDERSTOOD by third person
   Damages

Question 13

Defamation - libel

Answer 13

• Written or printed
  No special/pecuniary damages

Question 14

Defamation - slander

Answer 14

• Spoken
  Must prove special damages

Question 15

Slander per se

Answer 15

• Damages presumed
  1. Profession/business
  2. Serious sexual misconduct
  3. Felony / serious crime
  Loathsome disease / STD

Question 16

Defamation - private/public individual

Answer 16

• private: Standard of proof: negligence
• public figure
  
  • Standard of proof: actual malice
  • Knowledge or reckless disregard of the truth

Question 17

Defenses to defamation

Answer 17

1. Truth is an absolute defense
2. Privileges
   - Absolute privilege: statements made in the course of official proceedings are protected (court appearances or government affairs)
   - Qualified privilege:
   
   • Statement appears necessary to protect D/public’s interest
   • Honest and reasonable belief of truth
     Ex: request to make a statement on your behalf; letter of rec/character reference

Question 18

Invasion of privacy

Answer 18

• False light: Portray someone in false light
• Appropriation: unauthorized use of name or image for profit
• Public disclosure of a private matter: confidential. must not newsworthy
  Intrusion upon seclusion: physical invasion of a private space

Question 19

Misrepresentation = fraud
- Intentional misrepresentation:

Answer 19

• Intentional misrepresentation:
  1. Misrepresentation of material fact
  2. Scienter - knew or should have known
  3. Intent to induce reliance
  4. Reliance
  Damages

Question 20

• Negligent misrepresentation

Answer 20

1. Negligence
2. Special relationship
3. Detrimental reliance
   Damages

Question 21

Tortious interference with contractual relationship

Answer 21

1. Contract exists
2. Defendant has knowledge
3. Intentional interference
   Damages/breach of K

Question 22

Malicious prosecution

Answer 22

1. Criminal proceeding
2. No probable cause
3. Improper purpose
   Dismissed in favor of accused