Torts

Question 1

What is Intrusion (invasion of privacy tort)?

Answer 1

invasion of privacy where D invades solitude (ex: telescope to watch)

Question 2

What is False Light (invasion of privacy tort)?

Answer 2

invasion of privacy where D spreads objectionable information about P regardless of mistake

Question 3

What is Disclosure (invasion of privacy torts)?

Answer 3

invasion of privacy where D spreads confidential information about P that a reasonable person would object to

Question 4

Under the 1st amendment, what are the 2 addtional elements in a demamation suit?

Answer 4

1. falsity (P must prove statement false- eliminates truth as defense)
2. D acted with fault (intent)
   - public figure must show D acted w/ malice
   - private figure must show D acted w/ negligence

Question 5

What are the 3 defenses to defamation?

Answer 5

1. consent (express/ implied)
2. truth (statements)
3. privileges
   - absolute: spouse, govt officers
   - qualified: content specific allowance (ex. letters of rec/ credit report)

Question 6

What 2 conditions must be observed for a D to retain their qualified priviledge in a defamation suit?

Answer 6

1. D must have reasonable belief in accuracy of statements (good faith & cant use opportunity to spread lies)
2. D must confine statement to relevant matter (scope)…Dr. Hughes

Question 7

What 2 types of claims are not permitted under workers comp?

Answer 7

1. claims against boss/ co-worker

2. claims to recover for pain & suffering/ punitive damages

Question 8

What 4 types of injuries will a worker generally not recover for in a comp claim?

Answer 8

1. injury due to intoxication
2. employee intentionoally injured self
3. injury during voluntary off-duty
4. injury as result of outlandish on job horseplay

Question 9

In order to recover for NIED, what 2 factors must be shown?

Answer 9

1. P was in zone of physical dange (ZOD)

2. P has subsequent physical manifestations of distress

Question 10

What is a survival/ wrongful death claim?

Answer 10

Cause of action owned by decendent in her lifetime survives if injury causes death (estate can bring claim)

Question 11

What is a detour?

Answer 11

A minor departure…employer is still liable

Question 12

For vicarious liability, what 4 instances cause intentional torts to NOT be outside the scope of employment?

Answer 12

1. Job involves physical force (security)
2. Job generates animosity (bill collector)
3. Tort serves employer’s interest (Ex. cashier detains D to prevent shoplifting)

Question 13

What is a frolic?

Answer 13

A major departure which destroys vicarious (employee) liability

Question 14

Are parents liable for the torts of their children?

Answer 14

NO

Question 15

What is a contributory negligence defense?

Answer 15

Any negligence on part of P would bar P’s recovery (some jurisdiction)

Question 16

What is the exception to the general rule that owners are not liable for other driver’s torts? (of owners car)

Answer 16

If driver doing errand for owner, owner is liable (like agency)
-car renter never liable for other driving (fed statute)

Question 17

What standard is used to assess P’s conduct in a case where a contributory/ comparative negligence defense is offered?

Answer 17

Reasonably prudent plaintiff standard used

Question 18

What are the 2 types of comparative negligence defenses?

Answer 18

1. pure (p can always recover even if mostly her fault)
2. modified/ partial
   - P fault < 50%= reduce P recovery by that %
   - P fault > 50%= P recovers nothing

Question 19

What is requried to establish the defense of assumption of risk?

Answer 19

proof that P knowlingly stayed in a position of danger

- excludes jobs where danger is inherent risk (police)

Question 20

When will the owner of a domestic animal be strictly liable for injuries caused by animal?

Answer 20

owner only liable for own negligence regarding animal (ex. owner has knoweldge of vicious propensities)

Question 21

What is a comparative negative defense?

Answer 21

Weigh P & D’s fault and assign percentages, then decrease P’s recovery by that percent

Question 22

What is the collateral source rule?

Answer 22

Rule of evidence prohibiting admission of evidence showing victim’s damages were compensated from source other than D (ex. medicals bills paid by insurance)

Question 23

What 4 specific things must P show in products liability claims?

Answer 23

1. D is merchant (deals in goods of the type, not garage sale- Adeela)
2. Product defective
3. Product not altered since left D
4. P was making foreseeable use of product
   - contributory negligence IS an affirmative defense

Question 24

What are the 2 ways to show a product is defective?

Answer 24

1. manufactoring defect (different from others/ dangerous abberation)
2. design defect (alternative design exists that is 1. safer, 2. cost’s same to make, 3. practical)

Question 25

Generally, what is the duty owed by land owners in an attractive nuisance situation?

Answer 25

duty to warn/ make safe if foreseeable risk to children who would be attracted by nuisance outweighs expense of eliminating danger on land

Question 26

When will the owner of a wild animal be strictly liable for injuries caused by animal?

Answer 26

ALWAYS

Question 27

Generally, what is the duty owed by land owners in an attractive nuisance situation?

Answer 27

duty to warn of nuisance or make nuisance safe

owner may be required to remove nuisance if deemed extremely dangerous – balancing test