Torts

Question 1

Nuisance

Answer 1

Substantial interference with the use and enjoyment of real estate
*interference is measured according to an ordinary reasonable person

Question 2

Attractive nuisance

Answer 2

A defendant must take reasonably prudent care to protect children from artificial hazards.

Elements:

• Dangerous condition D is aware of
• Owner aware children may trespass
• Condition likely to injure
• Expense of fixing < size of risk

Question 3

Assault

Answer 3

act putting plaintiff in reasonable apprehension (awareness, NOT fear, more than words)
of an immediate battery

Question 4

Battery

Answer 4

harmful/offensive contact

contact with plaintiff’s person

Question 5

Possessor’s duty to unknown trespassers

Answer 5

No duty owed

Question 6

Possessor’s duty to known/anticipated trespassers

Answer 6

“known, manmade death traps”

duty to eliminate/warn of artificial, highly dangerous, concealed conditions that defendant has knowledge of

Question 7

Possessor’s duty to licensees

Answer 7

“all known traps”

duty to eliminate/warn of concealed risks defendant knows of in advance

Question 8

Possessor’s duty to invitees

Answer 8

“all reasonably knowable traps”

dut to warn/eliminate concealed risks known in advance or could discover through reasonable inspection

Question 9

requirements for all intentional torts

Answer 9

Act
Intent
Causation

Question 10

Torts where transferred intent is available

Answer 10

assault, battery, FI, trespass to land, trespass to chattels

**both tort intended AND tort that results must be from this list

Question 11

False imprisonment

Answer 11

an act/omission confining/restraining the plaintiff to a bounded area

Question 12

IIED

Answer 12

extreme + outrageous conduct (recklessness is enough)

results in severe ED

Question 13

IIED, bystander case

Answer 13

plaintiff present at injury
plaintiff related to victim
defendant knew of relationship

Question 14

trespass to land

Answer 14

physical invasion of plaintiff’s property

Question 15

trespass to chattels

Answer 15

act interfering with the plaintiff’s right of possession in a chattel
damages required

Question 16

conversion

Answer 16

act interfering with the plaintiff’s right of possession in a chattel, which results in destruction so severe that the defendant should pay FMV
damages required

Question 17

shoplifting detentions

Answer 17

shopkeeper can detain if

• reasonable belief on theft
• detention in reasonable manner
• detention for reasonable time

Question 18

duties of care of children

Answer 18

0-5: no duty of care owed
5-18: hypothetical child of similar age, intelligence, experience

engaged in adult activity –> held to adult standard

Question 19

requirements for negligence per se

Answer 19

criminal statute imposing a specific duty
plaintiff is a member of the persons statute is designed to protect
harm suffered is what the statute is designed to protect

Question 20

NIED - near miss

Answer 20

plaintiff is in the “zone of danger”

plaintiff suffered physical symptoms from distress

Question 21

NIED - bystander cases

Answer 21

plaintiff and victim were closely related

plaintiff was present at the scene and perceived the event

Question 22

NIED - special relationships

Answer 22

highly foreseeable careless performance by defendant due to their relationship

Question 23

Res Ipsa

Answer 23

accident causing the injury would not normally occur unless someone was negligent
negligence is probably attributable to the defendant

Question 24

Contributory negligence (+ defense)

Answer 24

plaintiff’s own negligence completely bars recovery
UNLESS last clear chance - last person with the chance to avoid an accident who fails to do so is liable
+ assumption of risk

Question 25

Comparative negligence

Answer 25

plaintiff’s contributory negligence reduces damages they can collect
pure comparative negligence (DEFAULT): reduce by P’s %
partial comparative negligence: P collects only if less than 50% liable

Question 26

requirements for products liability based on SL

Answer 26

1. merchant
2. dangerous defect in product (manufacturing, design, mislabeled)
3. defect existed when left defendant
4. plaintiff used the product in a foreseeable way

Question 27

defamation

Answer 27

defamatory statement 
publication 
damage to reputation (presumed for libel, slander per se)
falsity 
fault (public figure vs. private figure)

Question 28

invasion of privacy - 4 types

Answer 28

appropriation of plaintiffs picture or name
intrusion on plaintiff’s affairs/seclusion
publication of facts placing plaintiff in a false light
public disclosure of private facts about the plaintiff

Question 29

abnormally dangerous activities

Answer 29

• foreseeable risk of serious harm even when reasonable care is exercised
• activity isn’t a matter of common usage in the community

Question 30

theories of liability that apply to products (5)

Answer 30

• intent
• negligence
• IW merchantability/fitness for a PP
• representation (express warranty/misrepresentation)
• strict liability

Question 31

types of defects under products liability

Answer 31

manufacturing defect: manufactured differently from other products
design defect: if P can show D could have made product safer without serious impact on the product’s utility/price
information defect: failure to give adequate warnings of an unreasonable, hidden risk

Question 32

product liability based on negligence

Answer 32

• P can use res ipsa
• intermediary’s failure to discover a defect won’t supersede negligence
• intermediary can fulfill duty through a cursory inspection

Question 33

defenses to product strict liability (contributory vs comparative negligence states)

Answer 33

contributory: assumption of risk, unreasonable misuse
comparative: any type of fault will reduce the recovery

Question 34

interference with business relations

Answer 34

• valid contractual relationship or valid business expectancy
• knowledge of relationship/expectancy
• intentional interference
• damages

Question 35

definition of actual malice

Answer 35

knowledge of falsity or reckless disregard as to falsity (subjective inquiry)

Question 36

negligent misrepresentation

Answer 36

misrepresentation in a personal/business capacity 
breach of duty
causation
justifiable reliance
damages

Question 37

intentional misrepresentation

Answer 37

misrepresentation
scienter (knew/reckless disregard was false)
intent to induce reliance
causation
justifiable reliance
damages

Question 38

Scope of employment definition

Answer 38

1) employee is expressly authorized to do something

2) acts are in the same nature as employee’s job

Question 39

proximate cause definition

Answer 39

a defendant is liable for results that are the normal incidents of, or an increased risk caused by, their acts