Practice Set 3

Question 1

What duty do parents have to others with respect to actions of their minor children?

Answer 1

Exercise reasonable care to prevent a minor child from intentionally / negligently harming others if (1) parent has the ability to control the child, and (2) knows / should know of the necessity + opportunity for exercising such control

Question 2

When is an owner strictly liable for injuries caused by a domestic animal?

Answer 2

If the owner (1) knows / reason to know of the animal’s dangerous propensities + (2) the harm results from those dangerous propensities
Strict liability even if animal never previously injured anyone

Question 3

When is an owner strictly liable for an animal trespassing on another person’s land?

Answer 3

The owner of any (1) wild or domestic (2) non-household pet animal is strictly liable for any (3) reasonably foreseeable damage caused by its animal (4) while trespassing on the land of another

Question 4

When can an owner be liable for a household pet trespassing on another person’s land?

Answer 4

When owner knows or has reason to know that the dog or cat is intruding on another’s property in a way that has a tendency to cause substantial harm

Question 5

When are people liable for emotional distress as a result of heightened sensitivity?

Answer 5

When (1) plaintiff is a member of a group with known heightened sensitivity, OR (2) if defendant personally knew of heightened sensitivity

Question 6

When is someone allowed to use deadly force?

Answer 6

Only when it has a reasonable belief that force sufficient to cause serious bodily injury or death is imminently intentionally inflicted upon it or someone else

Question 7

What duties do landlords owe to undiscovered trespassers?

Answer 7

No duty at all

Also no duty to inspect for evidence of trespassers

Question 8

What is an invitee?

Answer 8

1. Public invitee = someone invited to enter / remain on the land for the purpose that the land is open to the public; OR
2. Business Visitor = someone invited to enter / remain on the land for business purpose
   Key - there for benefit of owner

Question 9

What is a licensee?

Answer 9

Someone who enters the land of another with (1) the express or (2) implied permission of the land possessor or (3) with a privilege
Key - there for licensee own benefit

Question 10

What duty is owed to invitees traditionally?

Answer 10

Reasonable care to (1) inspect the property, (2) discover unreasonably dangerous conditions, and (3) protect the invitee from them.

Question 11

What duty is owed to licensees traditionally?

Answer 11

1. Either (a) correct or (b) warn a licensee of (c) concealed dangers that are (d) known to the land possessor
2. Must also refrain from willful or wanton misconduct

Question 12

When is someone strictly liable for injuries from a wild animal on its property?

Answer 12

When the landowner knowingly keeps the animal on the property such as a pet

Question 13

What are the requirements and results of alternative causation of multiple defendants

Answer 13

Requirement - harm was caused by (1) 2-5 defendants, (2) each were tortious, and (3) all of whom are present before the court
Result - burden of proof on each individual defendant to prove that conduct was not the cause in fact of the plaintiff’s harm

Question 14

What must a plaintiff show when trying to apply res ipsa loquitor to multiple defendants?

Answer 14

The defendants must be at least acting in concert

Question 15

When can a private citizen have a claim for a public nuisance?

Answer 15

When it suffers harm that is different in kind from that suffered by members of the general public

Question 16

When can someone without a unique relationship with an injured person still be held liable?

Answer 16

1. The person assumed a duty to rescue the injured person
2. The person placed the injured person in peril, OR
3. The person a contractual obligation

Question 17

What does vicarious liability involve?

Answer 17

When an employer is liable for actions of employee; this does not necessarily mean that the employee breached a duty to the employer, only a duty to 3rd parties

Question 18

When are emergency professionals barred from recovering damages?

Answer 18

When the injury is caused by the party whose negligence caused a risk inherent in the job

Question 19

When can someone recover for intentional misrepresentation?

Answer 19

1. A misrepresentation by the defendant,
2. Scienter, intent to induce the plaintiff’s reliance,
3. Justifiable reliance by the plaintiff, AND
4. Actual economic damages