Torts

Question 1

Negligence

Answer 1

Duty
Breach
Causation
Damages

Cardozo - Foreseeable plaintiffs within geographic zone
Andrews - All foreseeable plaintiffs, without geographic limitation.

Question 2

Intentional Torts - General Elements

Answer 2

Intentional tort actions require:
1) a voluntary act;
2) committed with intent (either specific or general);
AND
3) causation (either ‘but for’ or substantial factor

Question 3

Battery

Answer 3

1) an intentional,
2) harmful or offensive contact,
3) with the plaintiff’s person (including anything connected to the plaintiff)

Question 4

Products Liability - Strict Liability

Answer 4

A claim for strict products liability requires the plaintiff to show:
1) the product was defective (manufacturing defect, design defect, failure to warn) when it left the hands of the manufacturer/seller;
2) the product was not altered when it reached the plaintiff;
3) the product caused an injury while being used in an intended or foreseeable manner;
AND
4) defendant is a commercial supplier who routinely deals in goods of this type.

Question 5

Defenses

Answer 5

Comparative Negligence
Contributory Negligence

Assumption of Risk - Plaintiff 1) voluntarily assumed 2) a known risk. (can be express or implied)

Question 6

Defamation

Answer 6

1) Defendant made a false statement;
2) about the plaintiff;
3) published to a third party;
4) offends the senses of a reasonable person

Question 7

False Imprisonment

Question 8

False Imprisonment

Question 8

Assault

Answer 8

A defendant is liable for Assault when there is 1) an intentional act, 2) that causes the plaintiff to be placed in reasonable apprehension,; 3) of imminent harmful or offensive contact with the plaintiff’s person

Question 9

Assault

Answer 9

A defendant is liable for Assault when there is 1) an intentional act, 2) that causes the plaintiff to be placed in reasonable apprehension,; 3) of imminent harmful or offensive contact with the plaintiff’s person

Question 10

False Imprisonment

Question 10

Assault

Answer 10

A defendant is liable for Assault when there is
1) an intentional act,
2) that causes the plaintiff to be placed in reasonable apprehension,;
3) of imminent harmful or offensive contact with the plaintiff’s person

Question 11

Intentional Infliction of Emotional Distress

Answer 11

Liable if:
1) the defendant acted intentionally or recklessly;
2) the defendant’s conduct was extreme and outrageous (transcends all bounds of decency);
3) the defendant’s act caused extreme emotional distress;
AND
4) the plaintiff actually suffered severe emotional distress (damages)

Reckless = deliberate disregard of a high risk that emotional distress will follow.

Question 12

Negligent Infliction of Emotional Distress

Answer 12

Three scenarios where a plaintiff may recover for NIED:
a) zone of danger claim;
b) bystander claim;
c) pre-existing relationship

Question 13

NIED Zone of Danger

Answer 13

1) there must be negligence by the defendant,
2) which creates a foreseeable risk of physical injury,
3) plaintiff was in the zone of danger;
AND
4) plaintiff must manifest physical symptoms

Question 14

NIED Bystander

Answer 14

1) negligence by defendant
2) plaintiff is contemporaneous witness to a negligent bodily injury inflicted on close family member
AND
3) plaintiff must manifest physical symptoms.

Question 15

Products Liability - Negligence

Answer 15

A negligence claim based on a defective product requires:
1) a duty owed to the plaintiff;
2) a breach of that duty;
3) causation (actual and proximate);
AND
4) damages