Outline

Question 1

Duty owed by landowner

1. Undiscovered trespassers
2. Anticipated and discovered trespassers

Answer 1

1. Undiscovered: no duty

2. Anticipated and discovered: must warn or make safe artificial conditions on the land

Question 2

Contributory Negligence

Answer 2

SOC req’d by Plaintiff is judged using a RP standard

Question 3

Pure Comparative Fault

Answer 3

Plaintiff can recover minus the % of fault that was her own

Question 4

Partial Comparative Fault

Answer 4

A Plaintiff can recover reduced damages as long as she is less at fault than a certain standard, usually 50%. If she is over that standard, she is usually barred from recovering.

Question 5

Manufacturing Defect

Answer 5

When there is a problem with the specific product, not the design of the product AND is dangerous beyond the R expectations of the ordinary consumer

Question 6

Design Defect

Answer 6

When there is a flaw in the design of an entire product, this can include the packaging and inadequate warnings, AND an economically feasible alternative was available

Question 7

Strict Liability in Product Liability: When must the defect exist?

Answer 7

When the item leaves the D’s control

Question 8

Private Nuisance

Answer 8

Substantial, unreasonable interference with another’s enjoyment of their property

Question 9

Public Nuisance

Answer 9

Act that unreasonably interferes with the health, safety, or property rights of the community

Question 10

Is “Coming to the Nuisance” a defense?

Answer 10

No, if you move next to a nuisance, you may bring an action for nuisance

Question 11

What is the general rule re: the vicarious liability of independent contractors? What are the exceptions? (2)

Answer 11

Generally, no liability to ER. However, there is liability if independent contractor is engaging in (1) an inherently dangerous activity or (2) the principal’s duty CN be delegated b/c of public policy considerations

Question 12

Is the automobile owner generally liable for the negligence of the driver? Exceptions?

Answer 12

No, generally, the automobile owner is not liable for the negligence of the driver. However, there may be liability if the state has adopted (1) permissive use statutes [a statute that imposes liability for anyone driving with permission] or (2) family purpose doctrine. [imposing liability for any family member driving with permission]

Question 13

Are parent’s liable for the torts of their children at CL?

Answer 13

No, parents are N liable for the torts of their children at CL. HOWEVER, parents can still be liable for negligent supervision b/c that is THEIR OWN negligence.

Question 14

If Joint & Several Liability applies, what can a tortfeasor who is held financially accountable do to recover?

Answer 14

They can sue the other tortfeasors for contribution

Question 15

How does Barbri say governmental immunity works?

Answer 15

There is immunity for operational acts (acts taking place w/ no decision making); however, there is immunity for discretionary acts

Question 16

What are the elements of defamation?

Answer 16

(1) Defamatory language concerning the P (2) published to a third person (3) that damages the P’s reputation

Question 17

When is damage due to defamation presumed?

Answer 17

When it applies is (1) libel (printed defamatory language) or (2) slander (when it is regarding a person’s profession, loathsome disease, immoral crime, or the chastity of a woman)

Question 18

If the defamation is neither libel or slander, what must be shown in order to have damages?

Answer 18

Special pecuniary damages

Question 19

Constitutionally, if the P is a public official or the issue is a matter of public concern, what must the P show?

Answer 19

(1) that the statement was false AND
(A) “Actual malice” if public official, which is actual knowledge of its falsity or reckless disregard OR
(B) (1) at least negligence as to truth or falsity and (2) actual injury (no presumed damages)

Question 20

What are the three defenses to defamation?

Answer 20

(1) Truth, (2) Absolute Privilege, or (3) Qualified Privilege.

Question 21

When does absolute privilege apply re: defamation?

Answer 21

If the defamatory comment was made during an official proceeding, such as a legislative meeting on the floor or during a judicial proceeding

Question 22

When does a qualified privilege apply re: defamation?

Answer 22

“In the interests of the publisher or speaker…” … can be lost if said with actual malice

Question 23

Intentional Misrepresentation/Fraud – Elements?

Answer 23

(1) made by a defendant with scienter (i.e., knows the statements are false); (2) with the intent to induce reliance; (3) there is actual reliance, (4) the reliance was justifiable, and (4) damages

Question 24

When does negligent misrepresentaiton occur?

Answer 24

When someone in a business or professional capacity breaches their duty of care to the P, causing them to actually rely on the misrepresentation, the reliance was justifiable, ultimately causing damages

Question 25

Interference with Business Relationship?

Answer 25

A valid contractual relationship or business expectancy of the plaintiff and
a third party, the defendant’s knowledge of the relationship, intentional interference
by the defendant inducing a breach or termination of the relationship, and damages.

The defendant’s conduct may be privileged if it is a proper attempt to obtain
business or protect the defendant’s interests

Question 26

Malicious Prosecution

Answer 26

When there is no probable cause to pursue a prosecution, when it is based on an improper purpose such as malice, and when there are damages. Also, trial must end in P’s favor.

Question 27

What is a Licensee? What duty is owed to them by a landowner?

Answer 27

A licensee is a person who comes onto the land with express or implied permission but for their own person. Duty owed is the same as to discovered trespassers except MUST ALSO warn and make safe of ALL dangerous artificial AND natural conditions. Social guests are licensees

Question 28

What is an invitee?

Answer 28

Member of the public o comes onto property for purpose connected to the business of the landowner. Same duty as for licensees but with the additional duty to INSPECT for dangerous conditions.

Question 29

What standard applies for dangers posed to children on the land?

Answer 29

RP Standard, i.e. “the attractive nuisance doctrine”

Question 30

What is the tort of an appropriation of a person’s picture or name?

Answer 30

The unauthorized use of a person’s likeness for commercial advantage

Question 31

What is intrusion on a person’s private affairs or seclusion?

Answer 31

An act of intruding or prying into a person’s private affairs or seculsion that would be highly offensive to a reasonable person

Question 32

False Light

Answer 32

Publishing of facts about the plaintiff putting her in a false light that would be highly offensive to a reasonable person, must show actual malice if the information is in the public interest

Question 33

Public disclosure of private facts about the P? What constitutes “public disclosure”?

Answer 33

public disclosure of private information about the P in such a way that would be highly offensive to a RP; public disclosure requires publicity; not just publication to a few people

Question 34

What are the defenses to invasion of privacy crimes?

Answer 34

Truth and absolute or qualified privilege