Torts

Question 1

Invasion of Privacy

Answer 1

• Publish private information about a person if
• A reasonable person would object to having the information made public
• Truth is not a defense
• Public figure:
  
  • Privileged unless made with actual malice

Question 2

Prima Facie Battery

Answer 2

• An act by the defendant that brings about harmful or offensive contact to the plaintiff’s person;
• Intent (purpose or substantial certainty) on the part of the defendant to bring about such harmful or offensive contact; and
• Causation

Question 3

Child Standard of Care

Answer 3

• Under 4 = usually without capacity to be negligent
• Standard: Like age, intelligence, experience
  
  • Exception: Adult activity

Question 4

Duty - Special Relationship (i.e. psychiatrist)

Answer 4

• Duty to prevent third person from injuring another
• Defendant had a special relationship with third person
• That gave the defendant the actual ability and authority to act; and
• Defendant knew or should have known that the third person was likely to injure

Question 5

Duty to Discovered of Anticipated Tresspasser

Answer 5

• Warn of; or
• Make safe
• Known artificial conditions if nonobvious and highly dangerous
• I.e. - known, manmade death traps

Question 6

Duty to Licensee

Answer 6

• Warn of; or
• Make safe known nonobvious and dangerous conditions (artificial or manmade)
• I.e. - known traps

Question 7

Duty to Invitee

Answer 7

• Make reasonable inspections to
• Discover nonobvious dangerous conditions (artificial or manmade); and
• Warn or make safe

Question 8

Abnormally Dangerous Condition

Answer 8

• Risk can’t be eliminated by reasonable care; and
• Not a matter of common usage in community
• Question of law

Question 9

Proximate Cause (General Rule)

Answer 9

• Defendant is liable for all harmful results that are the normal incidents of and within the increased risk caused by his acts

Question 10

Vicarious Liability of Independent Contractor

Answer 10

• Inherently dangerous activity; or
• Nondelegable duty

Question 11

False Imprisonment

Answer 11

• Act or omission by defendant confining or restraining plaintiff to a bounded area;
• Intent on the part of defendant to do so;
• Causation

Question 12

Negligent Infliction of Emotional Distress

Answer 12

• Duty breached when Defendent
• Creates a foreseeable risk of physical injury
• Plaintiff must be:
  
  • In the zone of danger; and
  • Suffer physical symptoms

Question 13

NIED - Bystander Case

Answer 13

• Not in the zone of danger personally then:
  
  • If plaintiff and injured person are closely related
  • Present at the scene, and
  • Observed or perceived the event then
  • No physical injury required

Question 14

Strict Product Liability (Prima Facie Case)

Answer 14

• Commercial supplier
• Production or sale of defective product
• Actual and proximate cause
• Damages

Question 15

When is a food product in a defective condition?

Answer 15

• Unreasonably dangerous to users if dangerous beyond expectation of reasonable consumer

Question 16

Implied Warranty of Merchantability

Answer 16

• Merchant dealing in goods of the kind
• Goods not fit for ordinary purpose
• Actual and proximate cause
• Damages or economic loss

Question 17

Attractive Nuisance

Answer 17

• Dangerous condition present on land which D should be aware
• D knows or should know young persons frequent vicinity
• Condition likely to cause injury due to P’s inability to appreciate risk
• Expense of remedying situation slight compared to magnitude of risk