Pre-info

Question 0

Must there be actual damages for an intentional tort?

Answer 0

No, nominal damages are enough

Question 1

If an answer choice uses the word “unless”, why should you be careful of that?

Answer 1

Because the only way that it can be right is if the thing that follows is the only possible answer

Question 2

What are the two key concerns for IIED?

Answer 2

• extreme and outrageous conduct

- severe emotional distress

Question 3

If you are horrified and outraged by someone’s conduct, does that equate to severe emotional distress for IIED?

Answer 3

No

Question 4

What is conversion?

Answer 4

Exercising of dominion and control over property which causes substantial interference with ownership rights

Question 5

What is the remedy for conversion?

Answer 5

A forced sale of the item, so it is the reasonable market value of the item

Question 6

If you’re at a rock concert and you know there will be slightly dangerous waves in the crowd, but you choose to be in the crowd anyway, what have you consented to?

Answer 6

Some force

Question 7

If you have a question asking about a directed verdict, what does that mean?

Answer 7

Judges can only grant the motion if they find no substantial evidence to send to the jury

Question 8

If you find a question about whether a directed verdict should be given, you only grant it if what?

Answer 8

No triable issues are left to be decided

Question 9

If you get a question about whether a directed verdict should be granted, what should you almost always do?

Answer 9

Deny it because there is usually something left to be decided

Question 10

If you aren’t a customer and the bathroom says it is only for customers, then anyone who enters that isn’t a customer is considered what?

Answer 10

A trespasser

Question 11

If you use the bathroom in a hotel, but you aren’t a customer of the hotel, what are you considered?

Answer 11

A business invitee because hotels are in the business for more than just rooms to stay in, they provide services

Question 12

If you put up a sign in your restaurant bathroom saying the bathrooms are only for customers, what does that show that you know?

Answer 12

That lots of people use the bathroom that aren’t customers, so they are trespassers, which creates a duty to warn of known dangers

Question 13

If someone tripped over one marble out of a batch of marbles that were left on the ground by two people playing with the marbles, how does that relate to causation?

Answer 13

You can’t establish actual causation, because you don’t know which of the two people put out the one marble that got tripped on. Summers v Tice: after the plaintiff establishes duty and breach, the burden switches to the defendants to show they weren’t responsible for the injury to the plaintiff, and if they can’t do that, then they are all liable

Question 14

If a question asks you to find the best defense, what does that not include necessarily?

Answer 14

The answer doesn’t have to necessarily be a successful defense

Question 15

What does Res Ipsa Loquitur have to do with?

Answer 15

Establishing breach

Question 16

Are criminal acts by third persons automatically intervening?

Answer 16

No you have to look at foreseeability

Question 17

Unless a question tells you otherwise, what should you always assume a jurisdiction has adopted as far as negligence is concerned?

Answer 17

That it has joint and several liability and uses pure comparative negligence

Question 18

Just because something wasn’t an unusual practice in a field, does that mean the behavior is reasonable?

Answer 18

No, but it can be a factor in determining negligence, however it is not conclusive

Question 19

If a question gives you the option of dealing with strict liability, negligence, or intentional torts, what is the best one to find liability on?

Answer 19

Intentional torts are the best to sue on, then strict liability, and at the bottom is negligence

Question 20

If both strict liability and negligence are possible, which one should you always pick to be a viable liability option?

Answer 20

Strict liability

Question 21

Why is it better to find liability for an intentional tort than strict liability or negligence?

Answer 21

Because for intentional torts you don’t have to prove damages, and you can recover punitive damages

Question 22

Is an iguana considered a wild animal or the domesticated pet?

Answer 22

Wild animal

Question 23

What are the two fact situations to watch out for on an exam that has to do with wild animals?

Answer 23

• issues about whether or not a wild animal is actually harmless
• whether the animal has to actually injure the plaintiff

Question 24

If a test question raises doubt about whether a wild animal is actually harmless, does that influence the way you deal with the wild animal situation?

Answer 24

No, because a wild animal is always a wild animal, their status never changes no matter how docile they become

Question 25

Does a wild animal have to actually injure the plaintiff to find liability?

Answer 25

No, so long as the plaintiff’s injuries were connected to the fact that it was a wild animal, liability can be found.

Question 26

If injuries come from a plaintiff perceiving an animal is a wild animal and becomes frightened, or worried because the animal threatens his child, and an injury ensues in trying to escape, is there liability?

Answer 26

Yes, because it doesn’t actually have to be an injury by the animal in order to find liability for a wild animal

Question 27

What is the best answer choice in a strict product liability question?

Answer 27

The one that deals with the defect in the product

Question 28

Is contributory negligence a defense to strict liability?

Answer 28

No

Question 29

Is assumption of the risk a defense to strict liability?

Answer 29

Yes

Question 30

If you accomplished a taking by pretending to have a gun, is that enough for robbery?

Answer 30

Yes, so long as you have the apparent ability to carry out the force you threatened

Question 31

Slander is a branch of what tort?

Answer 31

Defamation

Question 32

What is required for defamation?

Answer 32

• defamatory statement
• intentional or negligent publishing to a third-party
• damages

Question 33

Must there be intent to defame in order to have a defamation?

Answer 33

No, you just need intend to publish or negligence about publishing

Question 34

What is required in order to get punitive damages in tort?

Answer 34

Something more than just having an improper motive, punitive damages are rarely given for anything published by the media

Question 35

If the defendant is the media, and the plaintiff is a public figure, what should you immediately think about?

Answer 35

New York Times malice

Question 36

What is required for New York Times malice?

Answer 36

The defendant knew it was false or acted with reckless disregard

Question 37

If you interfere with a person’s unusual sensitivity, is that a nuisance?

Answer 37

No, it must be the type that would cause an interference with a reasonable person

Question 38

In order for misrepresentation to be actionable, it must be what?

Answer 38

Either intentional or negligent

Question 39

Modernly, what kind of duty is imposed on sellers of property?

Answer 39

If the seller knows about a defect that the buyer is unaware of, and the buyer can’t reasonably discover it, he must disclose its presence

Question 40

On the bar exam if you see a situation that looks like a vicarious liability question, why should you not jump for the answer that says no liability?

Answer 40

Because there is often another answer that bypasses vicarious liability and speaks to direct liability. If you can find something the defendant actually did wrong, that eliminates the need for vicarious liability

Question 41

If you see a racehorse question, probably one of the relationships involves what?

Answer 41

A false center (rehashing of issues)

Question 42

Is it true that on an essay question whatever relationship is listed first is most important?

Answer 42

No, examiners will often write a bottom loaded question where the main issues are at the end

Question 43

In what order should you answer essay questions?

Answer 43

Always in the order they are given, even if the last relationship is the most important

Question 44

Is product liability a tort?

Answer 44

No, it is an area of the law. The plaintiff sues for one of the three torts that make up products liability

Question 45

What are the three torts that make up products liability?

Answer 45

• Strict product liability
• Negligence
• Breach of implied warranty

Question 46

Strict liability only includes what?

Answer 46

Wild animals and abnormally dangerous activities

Question 47

Defamation can be either of what two torts?

Answer 47

Intentional or negligent depending on the state of the publication