Torts

Question 1

traditional rules of landowner liability

Answer 1

Invitees = inspect for dangers; make safe or warn

Licensees = warn of known latent defects; use reasonable care in operations

Anticipated trespassers = warn of known artificial dangers

Unanticipated trespassers = no duty

Question 2

duty of common carriers

Answer 2

Common carriers owe the highest level of care consistent with the practical operation of the business

Question 3

risk-utility test

Answer 3

Under the risk-utility test, a product has a design defect when:

— the design creates a foreseeable risk of harm and

— that risk could have been mitigated by a reasonable alternative design (e.g., a modification that reduces the risk for a reasonable cost).

Question 4

intentional interference with a contract

Answer 4

To prevail on a claim for intentional interference with a contract, a plaintiff must prove that:

— a valid contract existed between the plaintiff and a third party

— the defendant knew of that contractual relationship

— the defendant intentionally and improperly interfered with the contract’s performance and

— that interference caused the plaintiff pecuniary (monetary) loss; the loss need not be large

Question 5

intentional infliction of emotional distress

Answer 5

(i) D acts intentionally or recklessly
(ii) with extreme or outrageous conduct
(iii) that causes P severe emotional distress

Question 6

battery

Answer 6

(i) with intent to cause such contact (or apprehension thereof)

(ii) D causes harmful or offensive contact with P’s person

Question 7

private nuisance

Answer 7

(i) substantial – offensive, annoying, or intolerable to a normal person in the community

(ii) unreasonable – the severity of the plaintiff’s harm outweighs the utility of the defendant’s conduct

Question 8

negligent misrepresentation

Answer 8

(i) providing false information

(ii) in a commercial setting

(iii) with intent to influence this P (breach of duty)

(iv) causing P to justifiably rely and suffer pecuniary harm

Question 9

intrusion upon seclusion

Answer 9

(i) D intentionally intrudes

(ii) on Ps private affairs

(iii) in manner highly offensive to reasonable person

Question 10

appropriation of name or likeness

Answer 10

(i) Unauthorized use

(ii) of Ps name or likeness

(iii) for personal benefit—eg, commercial advantage

Question 11

Public disclosure of private facts

Answer 11

(i) Publicly disclosing

(ii) highly offensive & private matter concerning plaintiff

(iii) not of legitimate public concern

(iv) resulting in damages

Question 12

Publicity in a false light

Answer 12

Publicity given to false information about plaintiff with actual malice that places him/her in highly offensive & false light & results in damages

Question 13

NEID

Answer 13

NEID requires showing either:

(a) zone of danger

(b) bystander

(c) special situations – e.g., mishandling corpse, contaminated food w/ repulsive object, negligently delivering erroneous announcement of death or illness

Question 14

defamation

Answer 14

(i) defamatory statement

(ii) of or concerning the plaintiff

(iii) published to a 3P

(iv) causing damages

Question 15

res ipsa loquitur

Answer 15

(1) The incident was of a type that does not generally happen without negligence

(2) It was caused by something exclusively in D’s control

(3) The plaintiff did not contribute to the cause