Tort Multiple Choice

Question 1

Proximate Cause

Answer 1

The General Rule:
* Is that the Defendant is liable for all harmful results that are the normal incidents of and within the increased risk caused by his act.

Indirect Cause:
* Independent intervening force may be foreseeable where the defendant’s negligence increased the risk that these forces would cause harm to the Plaintiff

• Even a criminal act by a third party will not cut off the defendant’s liability if the defendants negligence created a foreseeable risk that a 3rd party would commit a crime.

Question 2

Strict Liability

Contributory Negligence

Answer 2

Ordinary contributory Negligence is not a defense in strict product liability actions when the Plaintiff merely failed to discover the defect or guard against its existence, or when Plaintiff misuse was foreseeable.

• On the other hand, other types of unreasonable conduct, such as voluntary and unreasonable encounters a known risk are defenses.

Question 3

Res Ipsa Loquitor

Control

Answer 3

Does not apply when more than one party may have been in control of the instrumentality

• it requires that the instrumentality causing the injury be in the defendants sole control

Question 4

Nuisance

Wild Animal or Abnormally Dangerous Animal

Answer 4

In a invasion of private property right by either:

1) Negligent,
2) Intentional
3) Strict liability

Strict liability:
1) Will be a basis for nuisance action when wild animal or abnormally dangerous domestic animal are involved or abnormal dangerous activity.

2) Substantial interference of use and business.

Question 5

MC: Negligence

Licensee

Answer 5

Is a person who enters land w/ owners permission, for his won purpose or business rather then the owners benefit.

• the owner or occupier of land has a duty to warn the licensee of a dangerous condition known to the owner or occupier that creates an unreasonable risk of harm to the licensee and that a licensee is unlikely to discover.
• However, the owner or occupier has no duty to a licensee to inspect for defects not to repair known defects.

Question 6

Joint and Several Liability

Answer 6

Means that each is liable to the Plaintiff for the entire damage incurred, so that the plaintiff may recover the entire judgment from any defendant.

Question 7

Duty

Employers

Answer 7

As a general matter, no legal duty is imposed upon any person to affirmatively act for the benefit of others.

However, the existence of a special relationship between the parties may create a duty.

• Modern cases extend the duty to employers when employees are injured in course of employment.

Question 8

Joint and Several Liability

Contribution v. Comparative

Answer 8

Contribution:
* Allows Defendant required to pay more than his share of damages under joint and several liability to have a claim against the other joint liable parties for the excess.

Comparative Contribution:
* Nonpaying tortfeasor are required to contribute only the portion of their relative fault.

Question 9

Trespass to Land

Intent

Answer 9

Intent of defendant’s part to bring on the physical invasion.

• Know with substantial Certainty that would end up on property.

Question 10

Defamation of the Dead

Answer 10

Only living person can be defamed.

* Defamation of a deceased person is not actionable tort.

Question 11

Tort Multiple Choice

Contribution

Answer 11

Governs only whether a Defendant required to pay more than his share of damages has a claim against the joint liable parties for excess.

• Contribution does not involve the amount of damages that the Plaintiff can collect in the first place.

Question 12

Recapture Chattel

Answer 12

One who is entitled to use force to recapture chattel is only permitted to use REASONABLE force.

Lawful Possession:
* If initial possession was lawful can’t use force to obtain

Limited:
Force only can be used to recapture chattel only in “hot pursuit” of one who has obtained wrongful possession.

Question 13

Strict Liability Limitation

Answer 13

The strict duty is limited to the dangers that would be-anticipated from the activity involved.

• Does not apply to harm that were not caused by the normally dangerous propensity of the activity.

Question 14

Abnormally Dangerous Domestic Animal

Strict Liability

Answer 14

SL is generally not imposed in favor of undisclosed trespasser against land owners.

• Trespassers cannot recover for injuries inflicted by landowners abnormally dangerous domestic animals in absence of Negligence. (go after him for negligence)

Question 15

Defamation

Qualified Privilege

Answer 15

Is recognized when the recipient has an interest in the information and it is reasonable for the defendant to make the publication of the statement.

Question 16

Parent Negligence

Answer 16

The common law rule is that a parent is not vicariously liable for the tortious conduct of her child.

• However, the parent maybe held liable for her own negligence in allowing the child to do something that injures another person or property.