Torts

Question 1

Defamation

Answer 1

i) defamatory language on the part of the D
ii) defamatory language was of or concerning P
iii) Publication of the defamatory language by D to a third person
iv) Damage to reputation of the P. Where defamation refers to a public figure or involves a matter of public concern, the P also must prove
v) Falsity; and
vi) fault by D

Question 2

Defamation is Spoken (Slander)

Answer 2

P must prove special (pecuniary) damages, unless verbal defamation falls within one of four exceptions, Slander per se:

i) criminal activity
ii) occupational misconduct
iii) sexual misconduct; or
iv) loathsome disease

Question 3

Slander Per Se

Answer 3

Does not need special damages if this is spoken about

i) criminal activity
ii) occupational misconduct
iii) sexual misconduct; or
iv) loathsome disease

Question 4

Defense of Others

Answer 4

Available when the D has a reasonable belief that the person being aided would have the right of self defense.

D may use as much force as he could have used in self defense if the injury were threatened to him

Question 5

False Imprisonment

Answer 5

A willful detention, the detention must have been without consent, and the detention must have been unlawful.

Question 6

Defamatory statement

Answer 6

must be a provably false statement of fact

Question 7

Products Liability claim

Answer 7

May be brought under multiple different theories:

i. intent
ii. negligence
iii. strict liability
iv. implied warranties; and
v. express warranties

Liability attaches when the product must also reach the P w/o substantial alteration

Privity between the parties is irrelevant except for certain warranty theories of liability.

Question 8

Contributory negligence

Answer 8

not a defense in a strict products liability action where P failed to discover the defect or guard against its existence,

or where the P’s misuse was reasonably foreseeable

Question 9

assumption of risk

Answer 9

may be a defense where P engaged in voluntary and unreasonable conduct an used the product despite discovering the defect and being aware of danger

Question 10

Negligence

Answer 10

need to experience physical injury to recover for pain & suffering but only for actual damages

Question 11

dignitary tort (battery claim)

Answer 11

does not require physical injury but merely harmful or offensive contact

Question 11

dignitary tort (battery claim)

Answer 11

does not require physical injury but merely harmful or offensive contact

Question 12

Vicarious liability example

Answer 12

A statute imposes liability on the owner of an automobile for injuries to a 3rd party that care caused by the negligence of any person driving the automobile w/ the owner’s consent. Applies to situation of this kind even if the owner did not specifically authorize mechanic to test drive the car.

Question 13

Strict liability

Answer 13

can only be imposed if there was a sale of a defective or unreasonably dangerous product

Question 14

Negligence

Answer 14

duty, breach, causation

Question 15

IIED intentional infliction of emotional distress

Answer 15

allows recovery for personal injury despite the absence of physical injury or touching of the P

1. an act by D constituting extreme & outrageous conduct
2. Intent or recklessness by D
3. Causation and
4. Damages amounting to severe emotional distress

Question 16

Trespass to Chattels

Answer 16

provides an action for intentional interference with P’s chattel in a way that causes recognizable harm to the chattel

Damages limited to value of chattel

Question 17

Contributory negligence

Answer 17

defense to negligence not battery

Question 18

Negligence

Answer 18

duty, breach, causation in fact, proximate causation, actual damages

Question 19

D will be liable for criminal actions of 3rd party if they were a reasonably foreseeable result at the time of D’s negligence

Answer 19

if a jury could decide reasonable foreseeability