Practice Set 2

Question 1

What duty do land owners have to trespassers?

Answer 1

They must warn and protect discovered or anticipated trespassers from concealed, dangerous, artificial conditions UNLESS they are flagrant trespassers

Question 2

What duty do land owners NOT have to trespassers?

Answer 2

There is no duty to warn of natural conditions or artificial conditions that do not involve risk of death or serious bodily harm

Question 3

What is required for the use of property to be a private nuisance?

Answer 3

1. Substantially and unreasonably interferes with another individual’s use or enjoyment of his land
2. The interference must be intentional, negligent, reckless, or the result of abnormally dangerous conduct
3. Offensive, inconvenient, or annoying to a normal, reasonable person in the community

Question 4

When is someone liable for intentional infliction of emotional distress?

Answer 4

1. Intent to cause severe emotional distress
2. Extreme and outrageous exceed possible limits of human decency, intolerable in society
3. Actions cause distress and damages beyond what reasonable person can endure

Question 5

When is someone liable to third parties for intentional infliction of emotional distress?

Answer 5

1. Immediate family perceives; OR

2. Bystander who sees the conduct AND bodily injury to bystander

Question 6

What is the Cardozo test for duty?

Answer 6

A defendant is liable only to a plaintiff who is within the “zone of foreseeable harm.”

Question 7

Who can recover for negligent infliction of emotional distress?

Answer 7

1. Plaintiff in zone of danger causing emotional distress, need physical symptoms
2. Bystander who is (a) closely related to injured party, (b) was present, (c) personally observed injury, need physical symptoms
3. Special relationship like mishandling a corpse, no physical symptoms needed

Question 8

What is the learned intermediary rule?

Answer 8

The manufacturer of a prescription drug typically satisfies its duty to warn the consumer by informing the prescribing physician of problems with the drug rather than informing the patient taking the drug

Question 9

What are guest statutes?

Answer 9

They impose only a duty to refrain from gross or wanton and willful misconduct with respect to a guest

Question 10

What duty do drivers owe to passengers?

Answer 10

Drivers owe a duty of ordinary reasonable care to all passengers, including guests

Question 11

What duty do land owners owe to invitees?

Answer 11

They owe a duty of reasonable care, including the duty to use reasonable care to inspect the property, discover unreasonably dangerous conditions, and protect the invitee from them

Question 12

What are the elements for liability under attractive nuisance?

Answer 12

1. Owner knows children likely to trespass
2. Owner knows artificial condition poses risk of death / injury
3. Children can’t appreciate danger
4. Utility / burden of condition slight compared to risk
5. Owner fails reasonable care

Question 13

What are elements of negligence per se?

Answer 13

1. Criminal / regulatory statute exists
2. Defendant violates statute
3. Plaintiff is in class of people protected by statute
4. Harm is type that statute protects against

Question 14

What must be proven to show intentional interference with a contract?

Answer 14

1. A valid contract existed between the competitor and the manufacturer,
2. The company knew of the contractual relationship,
3. The company intentionally interfered with the contract, causing a breach, AND
4. The breach caused damages to the competitor

Question 15

What duty do landowners have to flagrant trespassers under the 3d Restatement?

Answer 15

The duty not to act in an intentional, willful, or wanton manner to cause physical harm

Question 16

When may a defendant not be liable despite breaching an owed duty when the plaintiff was not negligent or didn’t assume any risks?

Answer 16

When the conduct did not cause any damages

There are no nominal damages available for negligence

Question 17

What are the elements for public intrusion upon seclusion?

Answer 17

When someone (1) intrudes, physically or otherwise, into the plaintiff’s private affairs, solitude, or seclusion (2) in a manner or to a degree objectionable to a reasonable person, (3) that causes emotional distress without special damages

Question 18

What are the elements for public disclosure of private facts?

Answer 18

1. The defendant publicized a matter concerning the private life of another
2. The matter publicized is highly offensive to a reasonable person; AND
3. Is not of legitimate concern to the public

Question 19

What are the elements for placing the plaintiff in a false light?

Answer 19

When the defendant (1) made public facts about the plaintiff that (2) placed the plaintiff in a false light, (3) which false light would be highly offensive to a reasonable person and (4) defendant acted with provable actual malice