Review #2

Question 1

Negligent infliction of emotional distress three special situation theory:

Answer 1

1. delivered an erroneous announcement of death or illness.
2. mishandled a corpse or bodily remains
   OR
3. contaminated food with a repulsive foreign object.

Question 1

Who may bring a private nuisance action?

Answer 1

A person with a possessory interest in real prop. (ownership/lease), if the D sub. and unreas. interfered with the person’s use and enjoyment of that prop.

Question 2

A commercial supplier is strictly liable for harm caused by a manufacturing defect - which is

Answer 2

any deviation from a product’s intended design that render it more dangerous than a reasonable consumer would expect - in a product that is produced or sold.

Question 3

Is a duty owed to an unborn but viable child in utero?

Answer 3

Yes, any duty owed to a pregnant women is also a duty to her unborn, viable child.

Question 4

Are negligent intervening acts generally regarded as foreseeable?

Answer 4

Yes, for example if someone is wearing a manufactured product that could injure a P if they are tripped, the manufacturer’s liability would not be cut off, because the tripping is considered reasonably foreseeable.

Question 5

Under products liability law, commercial supplier are required to provide adequate warnings (or instructions) when:

Answer 5

1. their product poses a foreseeable and unobvious risk of physical harm
   AND
2. reasonable warnings could reduce that risk.

Failure to provide adequate warnings = defective product and under strict liability when the default causes the P’s harm

Bartender injured by the Champagne bottle stopper with no warning.

Question 6

Is the social host liability recognized by the common law ?

Answer 6

No, unless noted in dram shop law.