Torts

Question 1

what is conversion and what will D be required to do if he is found guilty of conversion?

Answer 1

Conversion occurs when D (1) intentionally interferes with P’s right of possession of property or (2) the interference is so serious that it deprives P entirely of use of the property.

If conversion is found, D is required to pay the property’s full value

Question 2

negligence per se

Answer 2

P must show (1) the harm P suffered is the type the statute was meant to prevent and (2) P is in a class of victims the statute was meant to protect

Question 3

Negligent Infliction of Emotional Distress (NIED)

Answer 3

P may recover for emotional distress resulting from D’s negligence if:
- P was within the “zone of danger” (close risk of bodily harm to P)
- P suffered physical symptoms from the distress

Question 4

What elements must a bystander meet to claim NIED?

Answer 4

• P and the injured person are closely related
• P was present at the scene of the injury AND
• P personally observed or perceived the event

Question 5

What are some special situations where P doesn’t meet the elements for NIED but can still claim NIED?

Answer 5

• Erroneous report of relative’s death or serious bodily injury
• Mishandling of corpse
• Erroneous report of P having a potentially life-threating disease

Question 6

res ipsa loquitur

Answer 6

(1) the event that happened was something that does not occur absent the negligence of a party (2) the harm was caused by something in D’s exclusive control and (3) P didn’t cause the event to occur

Question 7

What is the “last clear chance” doctrine and what type of negligence defense is it connected to?

Answer 7

allows a negligent P to recover upon showing that D had the last clear chance to avoid injuring the P but failed to do so. Defense is available in a contributory negligence jx

Question 8

what are the elements for strict liability?

Answer 8

• (1) the nature of D’s activity imposes an absolute duty to make safe
• (2) the dangerous aspect of the activity is the actual and proximate cause of P’s injuries
• (3) Damages to P’s person or P’s property

Question 9

what are the three categories under strict liability?

Answer 9

abnormally dangerous activity, animals, and defective products

Question 10

abnormally dangerous activity

Answer 10

A defendant engaged in an abnormally dangerous activity will be held strictly liable for personal injuries and property damage caused by the activity, regardless of precautions taken to prevent the harm.

An abnormally dangerous activity is one that
- (1) severe risk: creates a severe risk of harm to persons or property
- (2) cannot be made safe: cannot be reasonably safe
- (3) uncommon: condition or activity is uncommon in the community

Injury must result from the abnormally dangerous activity

Question 11

are owners strictly liable for harm caused by wild animals?

Answer 11

yes, owners are strictly liable for unprovoked injuries caused by their wild animals to licensees and invitees. However, they will not be found strictly liable to trespassers

Question 12

are owners strictly liable for harm caused by a trespassing animal?

Answer 12

the owner of an animal - other than a household pet - is strictly liable for reasonably foreseeable damage caused by the animal while trespassing another’s land

Question 13

are owners strictly liable for harm caused by domestic animals?

Answer 13

an owner will be strictly liable for harm caused by a domestic animal if the owner knew of the animal’s dangerous propensities. This is true regardless of whether the owner took adequate measures to contain the animal (proof of fault not required)

Question 14

what are the three types of strict products liability?

Answer 14

manufacturing defect, products defect, and failure to warn

Question 15

what are the elements for strict products liability?

Answer 15

• the product was defective (in manifacture, design, or failure to warn)
• the defect existed when the product left D’s control
• P used the product in a foreseeable manner
• causation (actual and proximate)
• damages

strict products liability applies only to commercial sellers of defective products that cause injury

Question 16

manufacturing defect

Answer 16

• the product deviated from its intended design
• the product was dangerous beyond the expectation of an ordinary customer

Question 17

what is a design defect and what are two tests P can show to prove a design defect?

Answer 17

product created an unreasonable risk of danger due to its faulty design. Two tests:
- consumer expectation test: product is less safe than the ordinary consumer would expect
- risk utility test: risk could have been mitigated by a reasonable alternative design (economically feasible)

Question 18

what must P show for inadequate warning/failure to warn?

Answer 18

P must show that the product failed to have clear and complete warnings of any dangers that would not have been obvious to consumers

Question 19

learned-intermediary rule

Answer 19

the manufacturer of a prescription drug or medical device will not be held strictly liable for inadequate warnings/instructions when its manufacturer warned the presrribing physician about the risk of harm associated with the product

Question 20

what kinds of damages can P recover under strict products liability?

Answer 20

Damages for physical harm or damage done to property other than the defective product itself. Economic loss alone is NOT allowed.

Question 21

Public Nuisance

Answer 21

• Unreasonable interference with health, safety, or property rights of the community at large
  
  • Private party: Recovery is only available if private party suffered unique damage not suffered by the public at large
  • Gov’t usually brings public nuisance suits

Question 22

Private Nuisance

Answer 22

A substantial, unreasonable interference with another individual’s use or enjoyment of their property

• Substantial interference: must be offensive, annoying, or inconvenient to the average person in the community
  
  • Interference is NOT substantial if P is hypersensitive or using property for a specialized, abnormal purpose
• Unreasonable interference: severity of P’s injury must outweigh the utility of D’s conduct

Question 23

“Coming to the nuisance”

Answer 23

Defense: P cannot recover if he “came to the nuisance.” However, if P purchased the property in good faith, P is entitled to the reasonable use or enjoyment of the property. Therefore, P could still recover if nuisance existed prior to purchasing property