TORTS

Question 1

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

Answer 1

NEED PHYSICAL SYMPTOMS!

Near miss case

• negligence by D
• creates foreseeable risk of injury
• P is in zone of danger
• P must have PHYSICAL SYMPTOMS

Bystander claim

• Negligence by D
• P must have witnessed injury to a close family member (spouse, child parent)
• P must have physical symptoms (vary by state)
• P must be in the zone of danger

REQUIRES ACTUAL DAMAGES
EXCEPT FALSE REPORT OF DEATH MISHANDLING OF CORPSE - damages are presumed

Question 2

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Answer 2

D acted intentionally/recklessly

D’s conduct was extreme and outrageous

D’s act caused extreme emotional distress (causation)

P actually suffered emotional distress

ONLY PSYCHIC MENTAL INJURY IS ENOUGH
(grief, embarrassment, upset, depression
Conduct shocks to conscience)

Question 3

PRODUCTS LIABILITY - STRICT PRODUCTS LIABILITY

Answer 3

PLAINTIFF MUST SHOW

1. D is a commercial supplier (strict liability may ONLY be brought against commercial seller or distributor of goods; entity who is engaged in selling goods of that type)

• casual sellers are NOT commercial suppliers.
• Any commercial seller in the distribution chain is a commercial supplier

2. Product was defective when it left the hands of the manufacturer/seller

• manufacturing defect - requires product is different from the intended design AND more dangerous than if made properly
  
  • food defect if reasonable consumer would not expect the food product to contain that ingredient
• Design defect - way to build product that is safer, practical and similar cost. Trier of fact to balance
• failure to warn - P was not warned of the risks re: use of the product; it was not obvious to an ordinary user but known to the manufacturer; warning is proportionate to the risk involved with normal use of the product

3. Product caused injuries to P when it was being used in an intended or unintended foreseeable way

4. Product was not altered when it reached the P

Question 4

PRODUCTS LIABILITY - LIABILITY FOR NEGLIGENCE

Answer 4

1. Duty was owed to the P
   - Product suppliers owe a duty to all foreseeable users of its products and MUST act as a reasonably prudent supplier of the same type of product
2. There was breach of that duty
   * *-** breach will be found when supplier’s negligence results in the supply of a defective product
   - breach if defective condition unreasonably dangerous
3. actual and proximate cause
   - liable for all foreseeable misuses of the product
   - misuse will only cut the chain if it was not foreseeable
4. damages
   * *-** recovery for economic loss only is not allowed
   - damages for personal injuries and property damage my be recovered

Question 5

INTERFERENCE WITH BUSINESS RELATIONS

Answer 5

To establish a prima facie case of interference with contract or economic advantage:

• there must be valid contractual relationship between P and third party or future business relationship
• D had knowledge of such relationship or expectancy
• D intentionally interfered that induces a breach or termination of relationship or expectancy
• it caused damages to P