Torts

Question 1

What is intent?

Answer 1

Desire to produce the legally forbidden consequence.

Question 2

Battery

Answer 2

Intentional tort:

(1) Harmful or offensive contact by D (2) to P’s person.

Question 3

Assault

Answer 3

Intentional tort:

Act by D that (1) creates a reasonable apprehension (knowledge) in P of (2) an immediate harmful or offensive contact to their person.

Question 4

False Imprisonment

Answer 4

Intentional Tort:

An act or omission by D that results in (1) P’s restraint or confinement in (2) a bounded area.

Question 5

Intentional Infliction of Emotional Distress

Answer 5

Intentional Tort:

1. Extreme and outrageous conduct by D;
2. That causes severe emotional distress in P.

Extreme & Outrageous means that it exceeds all bounds of decency tolerated in a civilized society.

The ONLY intentional tort to person that requires damages.

Question 6

Trespass to Land

Answer 6

Intentional Tort:

Physical Invasion of P’s real Property by D either by (1) entering the property; or (2) propelling a tangible object onto it.

Question 7

Trespass to Chattels / Conversion

Answer 7

Intentional Tort: Intentional interference with Plaintiff’s right of possession (theft) or causing damage to chattel (vandalism).

Trespass to Chattels: Minor interference - P can recover repair or rental value of chattel.

Conversion: Significant interference or damage - P can recover FMV at the time of conversion or repossess the chattel (replevin).

Question 8

Comparative Negligence

Answer 8

Pure Comparative Negligence (MAJORITY RULE ON MBE): P can recover no matter fault but damages are reduced by their fault.

Modified/Partial Comparative Negligence: P cannot recover if greater than 50% at fault and damages are reduced by their fault.

REPLACED contributory which barred P’s recovery if any fault.

Question 9

Products Liability Prima Facie Case for strict liability

Answer 9

1. D is a merchant;
2. Product is defective;
3. Product was actual and proximate cause of injury;
4. P used the product in “foreseeable” manner

Casual sellers and service providers are NOT merchants.

Commercial lessors and distribution chain participants ARE merchants.

DEFENSES: assumption of risk; comparative negligence

Question 10

Types of Product Defects

Answer 10

1. Manufacturing - product departs from its intended design
2. Design - faulty design where safer, practical and economically feasible alternative exists;
3. Inadequate Warning - warning must be prominent, comprehensive and provide mitigation info

D is not liable for risks that were unforeseeable at time the product was marketed.

Question 11

Implied warranty of merchantability

Answer 11

Seller warrant that goods are of average acceptable quality and generally fit for their ordinary purpose.

Question 12

Implied warranty of fitness for particular purpose

Answer 12

If seller (1) knows or has reason to know the particular purpose that buyer is purchasing AND (2) buyer relies on seller’s skill or judgement an seller implies that goods are fit for that purpose.

Question 13

Express warranty

Answer 13

A statement of fact or promise regarding goods sold that becomes part of the basis of the bargain.

Question 14

Per Se Defamation

Answer 14

Four defamations with presumed damages (don’t need to plead/prove special damages):

1. Loathsome Disease
2. Imputing a woman’s chastity
3. Moral turpitude crime
4. Profession

Question 15

Privacy torts

Answer 15

Commercial misappropriation
Light, False
Intrusion into one’s seclusion or privacy
Public disclosure of private facts

Requires Publication to be liable.

Question 16

Negligent Infliction of Emotional Distress

Answer 16

D creates a foreseeable risk of physical injury to P.

P must be (1) within the zone of danger; and (2) suffer from physical symptoms of that distress.

Question 17

Bystander NIED

Answer 17

Bystander can recover if P (1) is closely related to the victim; (2) was at the scene of the injury; (3) saw the event; and (4) suffered physical symptoms from emotional distress.