torts Flashcards
Is emotional distress and mental anguish sufficient damages for privacy actions?
Yes, even without public disclosure of private things to a third party
T/F: Intrusion is the only form of invasion of privacy that does not require publication
T
For private nuisance actions unreasonableness will be found if
the severity of the inflicted injury outweighs the utility of the D’s conduct
T/F: a person can be strictly liable for abnormally dangerous activity when the harm does not arise out of those activities
F, the harm must result from the kind of danger anticipated – it must flow from the abnormally dangerous activity
T/F: determining whether an activity is abnormally dangerous is a question for the jury to decide
F - it is a question of law so the court must decide
What are the elements of conversion?
- an act by D interfering with P’s right of possession in chattel
- intent to perform the act bringing about the interference
- causation
- damages
For conversion, does the person need to have intent to trespass
No, only intent to do the act that caused the interference
for conversion, if conduct is innocent is the person liable?
Yes, good faith is irrelevant
An substantial interference that interferes with specialized use of land is
Not considered enough for private nuisance
Efforts to protect a person or property is a ____ force
foreseeable
Negligence of rescuers is a ____ force
foreseeable
A subsequent disease is a ___ force
foreseeable
negligence uses what kind of standard?
objective standard - reasonably prudent person
What standard of care are children engaged in potentially dangerous adult activities
An adult standard of care
What duty is owed to a licensee
a duty to warn or make safe hazardous conditions that are known and or concealed
what duty is owed to invitees
duty to warn or make safe hazardous conditions that are known and or concealed or could be discovered by a reasonable inspection
what is the attractive nuisance doctrine?
must avoid a reasonably foreseeable risk of harm to children caused by dangerous artificial conditions on their property
how can you establish the attractive nuisance doctrine?
- showing a dangerous condition is on the land that the owner is or should be aware of
- the owner knows or should know that children might trespass
- the condition is likely to cause injury
- the expense of remedying the situation is slight compared with the magnitude of risk
conduct that was not consented to =
offensive conduct
T/F: The duty to warn extends to dangerous conditions that the licensee should reasonably have discovered
F
Does a landlord’s duty to her tenants also extend to her tenant’s guests?
Yes
what liability when someone trespasses someone’s land under necessity
If a private necessity you are still liable for damages you create
Necessity
avoid threatening injury from a natural or other force that is substantially more serious than the invasion of property
Private necessity
benefits a limited number of people
private necessity is a ____ privilege. Meaning,
qualified privilege. There is liability for damages that result
public necessity
act is for public good and is a complete privilege so you are not liable for any damages that may result
What is the standard of care when dealing with a physical disability?
the D owes the same duty of reasonable care as someone with that person’s same disability
Is there a duty to warn a trespasser about a natural condition?
No
Do you have a duty to warn a licensee about a natural condition?
Yes
When is violation of a statute excused?
When compliance would cause more harm than noncompliance or when compliance would be beyond D’s control
If more than one person was in control of the instrumentality that caused the injury can res ipsa loquitur apply?
No, one element of it is exclusive control of one person
for actual cause you must apply the ___ test
but for
Who may bring a product’s liability action?
Any foreseeable user, consumer, or bystander
is privity required to bring a products liability action
no
If you are a commercial seller, what defenses can you use to product liability in strict liability
Assumption of risk
Product misuse that is unforeseeable
Adequate warnings
is contributory negligence ever a defense in a strict liability product liability case?
No
T/F: Negligent design is not shown if the danger of the product becomes apparent only after the product reaches the public
T, and absence of previous complaints is a helpful defense for a manufacturer
All statements made by a judge, jurors, witnesses, counsel, or parties in judicial proceedings are:
absolutely privileged from defamation actions
T/F: absolute privileges are affected by showing of malice, abuse or excessive publication
F
T/F: on the exam, you should assume pure contributory negligence and joint and several liability unless told otherwise
T
what is the remedy for conversion
the FMV of the chattel at the time and place of convesion
What is indemnity
shifts the ENTIRE loss between or among tortfeasors
When is indemnity available
- there is a contractual promise to indemnify
- there is a special relationship between the Ds that would allow for vicarious liability
- the D is a supplier in a strict products liability case who is liable to an injured customer
What is a Dram Shop Act
