Torts

Question 1

Landowner duty to licensee (traditional)

Answer 1

A licensee is someone who enters the land of another with the express or implied permission of the land possessor or with a privilege.

The land possessor has a duty to either correct or warn a licensee of concealed dangers that are either known to the land possessor or that should be obvious to her.

The land possessor has no duty to inspect for dangers, but must exercise reasonable care in conducting activities on the land.

Question 2

Modern rule re: trespassers

Answer 2

Courts in the other half of jurisdictions require that a standard of reasonable care applies to all land entrants except trespassers, abolishing the distinction between invitees and licensees. A land possessor must use reasonable care to prevent harm posed by artificial conditions or conduct on the land. A trespasser is someone who enters or remains upon the land of another without consent or privilege to do so.

The majority rule is that a land possessor is obligated only to refrain from willful, wanton, reckless, or intentional misconduct toward trespassers.

Question 3

if D _______ ___________ that is statement was true, D is ________ for defamation.

Answer 3

reasonably believed; not liable

Question 4

Defamation liability

Answer 4

1. knowingly or negligently made a false statement about P