Torts

Question 1

Intentional Interference with a Contract

Answer 1

the plaintiff must prove that (i) a valid contract existed between the plaintiff and a third party, (ii) the defendant knew of the contractual relationship, (iii) the defendant intentionally interfered with the contract, causing a breach, and (iv) the breach caused damages to the plaintiff.

Question 2

Strict Products Liability

Answer 2

To recover in a strict products liability action, a plaintiff must prove that

1. the product is defective (i.e., it contains a manufacturing defect, contains a design defect, or contains inadequate instructions or warnings);
2. the defect existed when the product left the defendant’s control; and
3. the defect caused the plaintiff’s injury when the product was used in a reasonable way.

A plaintiff is not required to be in privity of contract with the defendant. Consequently, any foreseeable user of a defective product who is personally injured or whose property is harmed by the product may maintain a strict liability action.

Question 3

Misappropriation of the right to publicity

Answer 3

Misappropriation of the right to publicity is based upon the right of an individual to control the commercial use of his own identity.

The plaintiff must prove (i) the defendant’s unauthorized appropriation of the plaintiff’s name, likeness, or identity, (ii) for the defendant’s advantage, commercial or otherwise, (iii) lack of consent, and (iv) resulting injury.

Frequently, commercial appropriation cases involve the use of the plaintiff’s name or picture, but this is not required. A television or radio production may simply mimic a plaintiff’s distinctive vocal patterns in order to incur liability.

Question 4

Intentional Infliction of Emotional Distress

Answer 4

A defendant is liable for intentionally or recklessly acting with extreme and outrageous conduct that causes the plaintiff severe emotional distress.

A defendant may be liable to a third-party victim if he intentionally or recklessly causes severe emotional distress to a bystander who is not a member of the victim’s immediate family but who contemporaneously perceives the conduct, if the distress results in bodily injury.