Torts

Question 1

Intentional Infliction of Emotional Distress (IIED)

Answer 1

An intentional tort defined as the intentional or reckless infliction, by extreme and outrageous conduct, of severe emotional or mental distress, even in the absence of physical harm.

To establish IIED, P must show one of the 3 possible mental states by the D: (1) he desired to cause the P emotional distress; (2) knew with substantial certainty that the P would suffer emotional distress; or (3) recklessly disregarded the high probability that emotional distress would occur.

Question 2

Prima Facie Case for a Products Liability Claim Based in Strict Liability

Answer 2

(1) A commercial supplier of a product;
(2) producing or selling a defective product;
(3) actual and proximate cause; and
(4) damages.

Question 3

Negligence

Answer 3

(1) Duty of care
(2) A failure to conform to that duty (breach);
(3) Causation in fact;
(4) Proximate causation; and
(5) Actual damage.

Question 4

Proximate Cause

Answer 4

This element of negligence is satisfied if the defendant could have reasonably foreseen the consequences of his negligence.

Question 5

Plaintiff’s Available Damages in a Negligence Claim

Answer 5

Plaintiff may recover ALL damages, including past, present, and prospective, both special and general.

When a plaintiff is unusually susceptible to injury, the defendant will still be liable for subsequent injuries because he takes the victim as he finds him.

Question 6

Pure Comparative Rule Jurisdiction

Answer 6

Plaintiff may recover his full amount of damages - the portion attributed to his own negligence.

Plaintiff is NOT barred from recovery by his own negligence, but he will have his award reduced,.

Question 7

Defamation

Answer 7

(1) Defamatory language on the part of the D;
(2) The the defamatory language was of or concerning the P;
(3) Publication of the defamatory language by the D to a third person; and
(4) damage to the reputation of the P

Question 8

Slander

Answer 8

Plaintiff must prove special damages, unless the verbal defamation falls within one of four exceptions which are considered slander per se: (1) criminal activity; (2) occupational misconduct; (3) sexual misconduct; or (4) loathsome disease.

Question 9

Violation of an applicable statute may be excused if:

Answer 9

(1) compliance with the statute would cause more danger than violation; or (2) compliance with the statute would be beyond the defendant’s control

Question 10

Contributory Negligence

Answer 10

The standard of care required of a plaintiff to avoid injury is judged using a reasonable person standard

Question 11

Pure Comparative Negligence

Answer 11

A negligent P can recover damages reduced by the % of her fault even if she was primarily at fault

Question 12

Partial Comparative Negligence

Answer 12

A negligent P can recover reduced damages as long as her fault is not above a certain level (usually 50%). If it is, she is barred from recovering.

Question 13

Licensee

Answer 13

One who enters on the land with the landowner’s permission, express or implied, for her own purpose or business rather than the landowner’s benefit.

Includes social guest.

Duty is the same as for discovered trespassers (duty to warn of highly dangerous artificial conditions) except that it applies to ALL dangerous artificial AND natural conditions.

Question 14

Invitees

Answer 14

Those entering as members of the public or for a purpose connected to the business of the landowner.

Duty is the same as for licensees (duty to warn of all dangerous artificial and natural conditions), but with the added duty to reasonably INSPECT for dangerous conditions.

Question 15

Undiscovered Trespassers

Answer 15

Landowner owes NO DUTY

Question 16

Discovered Trespassers

Answer 16

Landowner owes a duty to warn of or make safe known highly dangerous artificial conditions if not obvious to the trespasser.

Question 17

Firefighter’s Rule

Answer 17

Police officers and firefighters are generally treated like licensees, based on public policy or assumption of risk grounds.

They cannot recover for a landowner’s failure to inspect or repair dangerous conditions that are an inherent risk of their law enforcement or firefighting activity.

Question 18

Joint and Several Liability

Answer 18

Each defendant found by the trier of fact to be at fault for an indivisible injury is liable to the P for the entire amount of damages incurred, not just a portion of it.

Question 19

Conversion

Answer 19

(1) An act by a D interfering with P’s right of possession in the chattel;
(2) Intent to perform the act bringing about the interference with P’s right of possession;
(3) Causation; and
(4) Damages.

INTENT TO TRESPASS IS NOT REQUIRED.

Question 20

Battery

Answer 20

(1) An act by D that causes a harmful/offensive contact to P’s person;
(2) Intent to cause the harmful or offensive contact; and
(3) Causation.

Question 21

Res Ispa Loquitur

Answer 21

P must establish that the accident causing his injury is the type that would not normally occur unless someone was negligent.

Question 22

Direct Cause Case

Answer 22

One where the facts present an uninterrupted chain of events from the time of the D’s negligent act to the time of P’s injury. If a particular harmful result was at all foreseeable from the D’s negligent conduct, the unusual timing of cause and effect or the unusual manner in which the injury occurred is not relevant to the D’s liability.

Question 23

False Imprisonment

Answer 23

P must show (1) an act or omission on the part of the D that confines or restrains the P to a bounded area; (2) intent on the party of the D to confine or restrain the P; and (3) causation.

Question 24

Private Nuisance

Answer 24

A substantial, unreasonable interference with another person’s use or enjoyment of her property. The interference must be offensive, inconvenient, or annoying to the average person in the community.

Question 25

Negligent Misrepresentation

Answer 25

Plaintiff must show:

(1) The defendant made a misrepresentation in a professional capacity;
(2) The defendant breached a duty owed to the plaintiff;
(3) The plaintiff justifiably relied on the misrepresentation;
(4) The misrepresentation caused harm to the plaintiff; and
(5) Damages.