Torts

Question 1

NIED

Answer 1

Negligent, zone of danger (danger + serious emotional distress)
Bystander - witness + severe ED

Question 2

Product Liability - Negligence

Answer 2

Commercial manufacturer, distributor, retailer, or seller - NOT SERVICE
Duty - exercise reasonable care
Breach - inspect or design
Causation = but for/reasonably foreseeable P
Damages - physical harm

Question 3

Strict Product Liability

Answer 3

Commercial seller (not service provider or SUPPLIER), foreseeable user (friend, buyer, rescuer), defective or failure to warn (inadequate warning) product, intended
If adequate warning would have prevented harm/DANGER FORESEEABLE - barred

Question 4

Res Ispa Loquitur

Answer 4

Would not occur, D in EXCLUSIVE CONTROL (not 2 years later or immediately before ), Jury can INFER, motion

Question 5

Misrepresentation

Answer 5

Intent, material fact, INDUCED, $ loss, duty to disclose
V negligent, false statement (not opinions), induce reliance someone close, $ loss or harm

Question 6

Special relationships - Duty

Answer 6

Parent/child, hospital/patient, employer/employee, shopkeeper/invitees, common carrier/passenger, in keepers/guests
Duty to use reasonable care
Mitigate foreseeable risks (propensity)

Question 7

Battery

Answer 7

INTENT, harmful/offensive contact
OR KNOWLEDGE CERTAIN TO OCCUR (I.e., stream of commerce or injuring hiker)

Question 8

IIED

Answer 8

Intent/recklessly caused severe & emotional distress, via extreme/reckless conduct (flagrant indecency, exploiting known vulnerability, abusing authority, repeated harassment)

Question 9

Risk Utility Test

Answer 9

Posses foreseeable risk of harm & feasible alternative design

Question 10

Defamation

Answer 10

Defamatory statement (false, negative), published (spoken/written), harm reputation (reasonable interpretation, subestiman doubt)/loss
Slander - required special harm/pecuniary loss
Slander per se - occupation (professional/student), chastity of women, crime of moral torpitude, or loathsome disease
Private = knowledge/negligence (look for STANDARD)
Public = knowledge/reckless/malice

Question 11

Trespass to Chattels

Answer 11

Intent, interfere, dispossession/Inter meddles, harm/harm inferred, pay for time

Question 12

Negligence - Causation

Answer 12

Actual (but for)/substantial factor
Proximate (reasonable foreseeable)
Unless intentional tort, crime (unless reasonable foreseeable), act of god
❌ no superseding cause breaks chain

Question 13

Nuisance

Answer 13

Prívate - substantial & unreasonable interference , use & enjoyment (also harm)
Public - reasonable interference, public at large (also harm) & private individual must establish loss

Question 14

Defense to intentional torts - consent

Answer 14

Consent, w/in scope (or exceeds consent)
Implied = actually/apparently necessary in emergency

Question 15

Negligence per se

Answer 15

Violated statute, intended to prevent type of harm, class of persons (otherwise no negligence)

Question 16

Duty - land entrants

Answer 16

Duty of reasonable care (except trespassers) if activity anticipated/should of known (I.e., hidden shaft)

Question 17

Landlord duties - dangerous conditions

Answer 17

Duty reasonable care
Hidden defects, repairs, safe common areas, maintain, good condition, dangerous conditions/propensities

Question 18

Recoverable Personal Injury Damages

Answer 18

Intentional torts/reckless torts - comp., nominal, punitive
Negligence - comp. (Initial & subsequent)

Question 19

Abnormally Dangerous Activity

Answer 19

Not commonly engaged in & foreseeable/highly significant risk of harm even w/ reasonable care

Question 20

Negligence - Duty

Answer 20

(1) reasonable prudent person, trespasser = no duty, known trespasser = hidden danger, licensee/social guest = hidden danger, invitee/business guest = hidden danger, inspect, make safe, & DUTY when CONDUCT exposes others to an unreasonable risk of harm from 3rd party

Question 21

Invasión of privacy

Answer 21

Prívate info & reasonable person object to disclosure of info
EX: PUBLIC MEETINGS/EVENTS OR SUFFICIENT PUBLIC INFO

Question 22

Trepass to land

Answer 22

Intent, enter land
Protect - unlikely to cause harm/death & apparent so cannot recover

Question 23

Attractive Nusiance

Answer 23

Duty to protect children trespasser from artificial condition
Children likely to trespass, risk of harm, cannot discover/appreciate risk, & risk outweighs the condition’s utility/burden

Question 24

Motions

Answer 24

Jury can infer/conclude - some evidence
Undisputed - grant directed motion

Question 25

Nondelegable duty

Answer 25

Both contractor & hirer for (1) safety or (2) inherently dangerous (i.e., trees)

Question 26

Defenses to negligence

Answer 26

Pure comparative - reduced by %
Modified - equal or greater ❌
Contributory - ❌ unless D had last clear chance
Assumption of risk

Question 27

Negligence - damages

Answer 27

Physical injury or other property loss
NOT ECONOMIC (loss profits or loss of defective product)