TORTS

Question 1

When two or more tortious acts combine to create one indivisible injury

Answer 1

each defendant is jointly and severally liable

Question 2

In a joint and several liability case the plaintiff

Answer 2

must demonstrate that the defendants jointly engaged in tortious activity

Question 3

What is the doctrine of alternative liability?

Answer 3

Allows P to shift burden of proving causation to multiple Ds even if only one is responsible

Question 4

When does the doctrine apply?

Answer 4

if the plaintiff can show all D’s owed a duty of care and all breached that duty

Question 5

What duties does a landowner owe to a licensee?

Answer 5

• make safe any known, non obvious, dangerous conditions
• if the condition is so obvious that the licensee could have easily discovered it, then the landowner has not breached this duty

Question 6

What are the prima facie elements of defamation

Answer 6

(1) defamatory language; (2) about the plaintiff; (3) published to a third party; and (4) damage to plaintiff’s reputation

Question 7

What additional elements are required to make out a defamation claim concerning a public figure/ matter?

Answer 7

(1) falsity; and (2) fault

Question 8

How is fault established in a defamation suit?

Answer 8

Actual malice: defendant knew the statement was false; OR had reckless disregard as to its truth or falsity

Question 9

What are the elements to prevail on defamation of a private person involving matters of public concerns?

Answer 9

(1) defamation was false; (2) defendant was negligent; and (3) defendant’s negligence caused actual harm to the plaintiff

Question 10

What is required to make a prima facie case for public disclosure of private facts?

Answer 10

(1) publication by Defendant of private information about the plaintiff; and (2) disclosure would be highly offensive to a reasonable person

Question 11

What are the theories of product liability claims?

Answer 11

(1) negligence; (2) strict product liability; (3) intent; (4) express warranty breach; and (5) implied warranty breach

Question 12

what are the elements of strict product liability claim?

Answer 12

(1) a commercial manufacturer; (2) producing/ selling a defective product; (3) actual and proximate cause; and (4) damages

Question 13

A product that fails to include a feasible alternative that would prevent reasonably foreseeable injuries arising from ordinary use of the product

Answer 13

is defective