TORT MBE

Question 1

IIED

Answer 1

1) Intent or Recklessness
2) Extreme & Outrageous Conduct
3) Severe Emotional Distress

Question 2

Bystander IIED

Answer 2

1) Close Family Member
2) D had Knowledge
3) Severe Emotional Distress

Question 3

NIED

Answer 3

1) Negligent Conduct
2) Zone of Danger
3) Severe Emotional Distress & PHYSICAL HARM

Question 4

Bystander NIED

Answer 4

1) Close Family Member
2) Emotional Distress

Question 5

Intervening cause

Answer 5

• Foreseeable Event
• Pay all damages

Question 6

Superseding cause

Answer 6

• Unforeseeable Event
• Cuts off liability
• Act of God, Intentional Tort, Criminal Act

Question 7

Fraud/Intentional Misrepresentation

Answer 7

1) D knowingly/recklessly misrepresented a material fact
2) with intent to induce P’s reliance
3) P justifiably relied on misrepresentation and
4) suffered $ loss as a result

(reliance isn’t justifiable if D is obviously lying)

Question 8

Joint and several liability

Answer 8

Arises if 2+ Ds were negligent and any one of them could have caused P’s harm. To recover, P must first prove each D was negligent

Question 9

Dram shop law

Answer 9

Allows P injured from another’s intoxication to sue bar/restaurant that provided alcohol to the drunk person

Question 10

What must P prove to sustain a cause of action under a dram shop law

Answer 10

1) business sold alcohol to a minor or someone was visibly drunk at time of sale
2) P’s injuries were foreseeable result of their intoxication

Question 11

Private Nuisance

Answer 11

Thing or activity that substantially and unreasonably interferes with another’s individual use or enjoyment of real property. Doesn’t apply to public places

Question 12

Public Nuisance

Answer 12

D interfered with public property, or a common public right.

Bc impact is felt by public, law limits right to sue to:

1. Public officers responsible for protecting public rights: (state/fed agencies like parks dept or EPA) and
2. Individuals who suffer unique injury different in kind than that suffered by public at large.

Question 13

Doctrine of Alternate Liability

Answer 13

Applies if:

1) multiple tortfeasors
2) at least one caused P’s harm
3) it’s impossible to tell which one did

Question 14

What does P need for standing to sue for private nuisance?

Answer 14

A possessory interest in the property

Question 15

Exceptions to false imprisonment

Answer 15

1) Shopkeepers privilege
2) If a felony has been committed and D reasonably suspects P of committing it
3) If under the privilege of self defense

Question 16

Licensee

Answer 16

SOCIAL GUEST!!!!! they come to ur home for dinner, to smoke, to play games!!!

Duty to warn about latent HIDDEN dangers. Not obvious things they already know about. No duty to warn nanny that the kids leave their toys out

Question 17

Is person who hires an independent contractor liable for injury to a 3P caused by the contractor’s negligence? However, there is an exception to this rule when the person directly influences the way the contractor performs the work to contribute to the creation of the danger that causes the third party’s injury. That exception applies in this case and provides a basis for imposing liability on the homeowner. The contractor, meanwhile, is likely to be held liable under ordinary negligence principles for causing injury to the friend by failing to warn of the hidden danger posed by the seemingly safe porch floor.

Answer 17

Not usually! But there is an exception if the person directly influences the way the contractor performs the work to contribute to the creation of the danger that causes the 3P’s injury.