Tort

Question 1

What type of injury do you need for a negligence case

Answer 1

Actual injury, pure economic loss isn’t going to cut it

Question 2

Do you need a substantial loss for intentional interference with a contract?

Answer 2

No

Question 3

Can you be liable for your guest’s actions?

Answer 3

Yes

Question 4

Are attorney’s fees in a personal injury suit recoverable?

Answer 4

No

Question 5

If your negligence causes harm, are you liable to rescuers?

Answer 5

Yes, because “danger invites rescue” (guy in the house falling down the stairs)

Question 6

If you think you are hitting a non-person (furniture, alien, etc.) can you be liable for battery?

Answer 6

No

Question 7

Pure several jurisdiction

Answer 7

each party is only liability for their percent of the damages (can’t collect everything from one party)

Question 8

What risks do you need to discuss for informed consent?

Answer 8

all the risks (even if you don’t think it applies to that patient)

Question 9

If a wild animal is properly confined, is the owner liable for injuries from fearful reactions to them?

Answer 9

No

Question 10

If you place a person in peril, are you under a duty to protect them from further injury caused by that peril

Answer 10

Yes

Question 11

If an employee is acting within the scope of their employment, do clear instructions shield the employer from vicarious liability?

Answer 11

No

Question 12

Elements for slander

Answer 12

Slander = written defamation

(i) the defendant’s defamatory language, (ii) is of or concerning the plaintiff, (iii) is published to a third party who understands its defamatory nature, and (iv) it damages the plaintiff’s reputation.

Note: don’t need to
prove the defendant knew the statement was false unless public figure

Question 13

For matters of public concern or public figures, what additionally must the plaintiff prove for defamation?

Answer 13

the plaintiff is constitutionally required to prove fault on the part of the defendant for matters of public concern. If the plaintiff is either a public official or a public figure, then the plaintiff must prove actual malice.

Question 14

Does assault require you to be aware of the upcoming danger?

Answer 14

Yes

Question 15

What are the two IIED situations?

Answer 15

there is intent to cause severe emotional distress or the D is reckless as to the risk of causing emotional distress

Question 16

When is the owner strictly liable for wild animal harm

Answer 16

The harm must come as a consequence of a dangerous propensity of the animal

Question 17

If a supplier in a supply chain gives the manufacturer instructions that are not followed, can the supplier be successfully sued as a strict liability claim?

Answer 17

No

Question 18

What do you need for punitive damages?

Answer 18

Willful and wanton conduct

Question 19

Does the scope of consent matter?

Answer 19

Yes

Question 20

What is the default of multiple tortfeasor fault?

Answer 20

Pure comparative fault

Question 21

For nied must the party be present at the scene of whatever was upsetting?

Answer 21

Yes

Question 22

If a child reads a warning but does not appreciate it, does attractive nuisance still apply?

Answer 22

Yes

Question 23

Does assumption of the risk fold into comparative negligence?

Answer 23

Yes

Question 24

Collateral source rule

Answer 24

you can’t bring in the existence of reimbursement for the plaintiff from other sources

Question 25

Is assumption of the risk a defense to a strict liability claim?

Answer 25

Yes