Practice Set 4

Question 1

What is the default rule for liability of multiple defendants?

Answer 1

Default is joint and several liability

Question 2

Apart from the 4 elements of negligence per se, what else must the statute impose in order to have weight?

Answer 2

The statute must also impose a penalty for a violation to be considered a breach of duty

Question 3

What are the elements and requirements of trespass?

Answer 3

D’s intentional act causes a physical invasion of another’s land - (1) only intent needed is to enter the land / cause a physical invasion of the land, (2) not the intent to commit a wrongful trespass

Question 4

What are the consequences of a successful res ipsa loquitor showing?

Answer 4

The plaintiff will survive a motion for directed verdict but doesn’t mean negligence has been proven

Question 5

What are the elements required for an assumption of risk defense to negligence?

Answer 5

1. P voluntarily encounters a known, specific risk

2. The voluntary encountering must also be unreasonable

Question 6

Which parties are strictly liable for reasonably foreseeable injuries or damage caused by a wild animal?

Answer 6

Only the owner, not the landowner or any other parties unless they also have the right to possess the animals

Question 7

What damages are not recoverable in negligence actions?

Answer 7

1. Pure economic losses

2. Nominal damages

Question 8

What are non-delegable duties that result in liability despite the use of an independent contractor?

Answer 8

1. Inherently dangerous activities
2. Special relationship w/ P or public
3. Storekeeper for safe premises
4. Compliance w/ state safety statutes

Question 9

What are the elements of assault?

Answer 9

1. Intent
2. Reasonable apprehension
3. Imminent bodily harm
4. Nominal or punitive damages

Question 10

What determines whether interference with use of another’s property is unreasonable in a nuisance action?

Answer 10

When the injury caused by the defendant outweighs the usefulness of his actions

Question 11

What are the elements of negligent misrepresentation?

Answer 11

1. The defendant provided false information,
2. As a result of the defendant’s negligence,
3. During the course of his business or profession,
4. Causing the plaintiff to justifiably rely upon the information, AND
5. P is either (a) in a contractual relationship with the defendant or (b) is a third party known by the defendant as one for whose benefit the information is supplied

Question 12

When is someone justified in using force in the defense of others?

Answer 12

1. Reasonable belief
2. Defended party can use self defense
3. Proportionate to anticipated harm