torts

Question 1

Is emotional distress and mental anguish sufficient damages for privacy actions?

Answer 1

Yes, even without public disclosure of private things to a third party

Question 2

T/F: Intrusion is the only form of invasion of privacy that does not require publication

Answer 2

T

Question 3

For private nuisance actions unreasonableness will be found if

Answer 3

the severity of the inflicted injury outweighs the utility of the D’s conduct

Question 4

T/F: a person can be strictly liable for abnormally dangerous activity when the harm does not arise out of those activities

Answer 4

F, the harm must result from the kind of danger anticipated – it must flow from the abnormally dangerous activity

Question 5

T/F: determining whether an activity is abnormally dangerous is a question for the jury to decide

Answer 5

F - it is a question of law so the court must decide

Question 6

What are the elements of conversion?

Answer 6

1. an act by D interfering with P’s right of possession in chattel
2. intent to perform the act bringing about the interference
3. causation
4. damages

Question 7

For conversion, does the person need to have intent to trespass

Answer 7

No, only intent to do the act that caused the interference

Question 8

for conversion, if conduct is innocent is the person liable?

Answer 8

Yes, good faith is irrelevant

Question 9

An substantial interference that interferes with specialized use of land is

Answer 9

Not considered enough for private nuisance

Question 10

Efforts to protect a person or property is a ____ force

Answer 10

foreseeable

Question 11

Negligence of rescuers is a ____ force

Answer 11

foreseeable

Question 12

A subsequent disease is a ___ force

Answer 12

foreseeable

Question 13

negligence uses what kind of standard?

Answer 13

objective standard - reasonably prudent person

Question 14

What standard of care are children engaged in potentially dangerous adult activities

Answer 14

An adult standard of care

Question 15

What duty is owed to a licensee

Answer 15

a duty to warn or make safe hazardous conditions that are known and or concealed

Question 16

what duty is owed to invitees

Answer 16

duty to warn or make safe hazardous conditions that are known and or concealed or could be discovered by a reasonable inspection

Question 17

what is the attractive nuisance doctrine?

Answer 17

must avoid a reasonably foreseeable risk of harm to children caused by dangerous artificial conditions on their property

Question 18

how can you establish the attractive nuisance doctrine?

Answer 18

1. showing a dangerous condition is on the land that the owner is or should be aware of
2. the owner knows or should know that children might trespass
3. the condition is likely to cause injury
4. the expense of remedying the situation is slight compared with the magnitude of risk

Question 19

conduct that was not consented to =

Answer 19

offensive conduct

Question 20

T/F: The duty to warn extends to dangerous conditions that the licensee should reasonably have discovered

Answer 20

F

Question 21

Does a landlord’s duty to her tenants also extend to her tenant’s guests?

Answer 21

Yes

Question 22

what liability when someone trespasses someone’s land under necessity

Answer 22

If a private necessity you are still liable for damages you create

Question 23

Necessity

Answer 23

avoid threatening injury from a natural or other force that is substantially more serious than the invasion of property

Question 24

Private necessity

Answer 24

benefits a limited number of people

Question 25

private necessity is a ____ privilege. Meaning,

Answer 25

qualified privilege. There is liability for damages that result

Question 26

public necessity

Answer 26

act is for public good and is a complete privilege so you are not liable for any damages that may result

Question 27

What is the standard of care when dealing with a physical disability?

Answer 27

the D owes the same duty of reasonable care as someone with that person's same disability

Question 28

Is there a duty to warn a trespasser about a natural condition?

Answer 28

No

Question 29

Do you have a duty to warn a licensee about a natural condition?

Answer 29

Yes

Question 30

When is violation of a statute excused?

Answer 30

When compliance would cause more harm than noncompliance or when compliance would be beyond D's control

Question 31

If more than one person was in control of the instrumentality that caused the injury can res ipsa loquitur apply?

Answer 31

No, one element of it is exclusive control of one person

Question 32

for actual cause you must apply the ___ test

Answer 32

but for

Question 33

Who may bring a product's liability action?

Answer 33

Any foreseeable user, consumer, or bystander

Question 34

is privity required to bring a products liability action

Answer 34

no

Question 35

If you are a commercial seller, what defenses can you use to product liability in strict liability

Answer 35

Assumption of risk Product misuse that is unforeseeable Adequate warnings

Question 36

is contributory negligence ever a defense in a strict liability product liability case?

Answer 36

No

Question 37

T/F: Negligent design is not shown if the danger of the product becomes apparent only after the product reaches the public

Answer 37

T, and absence of previous complaints is a helpful defense for a manufacturer

Question 38

All statements made by a judge, jurors, witnesses, counsel, or parties in judicial proceedings are:

Answer 38

absolutely privileged from defamation actions

Question 39

T/F: absolute privileges are affected by showing of malice, abuse or excessive publication

Answer 39

F

Question 40

T/F: on the exam, you should assume pure contributory negligence and joint and several liability unless told otherwise

Answer 40

T

Question 41

what is the remedy for conversion

Answer 41

the FMV of the chattel at the time and place of convesion

Question 42

What is indemnity

Answer 42

shifts the ENTIRE loss between or among tortfeasors

Question 43

When is indemnity available

Answer 43

1. there is a contractual promise to indemnify 2. there is a special relationship between the Ds that would allow for vicarious liability 3. the D is a supplier in a strict products liability case who is liable to an injured customer

Question 44

What is a Dram Shop Act