Torts

Question 1

Assault

Answer 1

Act by D creating reasonable apprehension in P of imminent battery (harmful or offensive contact to P’s person), where D intended such apprehension and caused such apprehension

Question 2

Battery

Answer 2

Harmful or offensive contact with P’s person, where D intended such harmful or offensive contact or
imminent apprehension of such contact with P or P’s person; D caused such contact. P need not be aware of conduct

Question 3

Intentional Infliction of Emotional Distress (IIED)

Answer 3

Extreme and outrageous conduct intended by D that causes
severe emotional distress. Conduct must be outrageous to a reasonable person unless: a) D targets P’s known sensitivities or weaknesses; b) D’s conduct is continuous or repetitive; c) D targets a P who is a member of a “fragile class” (elderly, children, pregnant women); d) D is a common carrier or innkeeper.

Physical symptoms are not necessary - only severe emotional distress

Question 4

IIED Bystander

Answer 4

Same IIED + 1) Bystander was present at the time; 2) Bystander was a close relative of directed party; and 3) D knew these facts

Question 5

What is an invitee and what is the duty owed?

Answer 5

Invitee: Someone who enters land open to public with potential to confer economic benefit
a. Exercise reasonable care to prevent injuries: Inspect + make safe dangerous conditions

Question 6

What is a licensee and what is the duty owed?

Answer 6

Licensee: Someone who enters land not open to public not to confer economic benefit (guest)
a. Duty to warn of or make safe known dangers

Question 7

What is a trespasser and what is the duty owed?

Answer 7

Trespasser: Someone who enters land without express/implied consent
a. Anticipated/known trespasser: Duty to warn of or make safe known, artificial, highly dangerous conditions. Cannot use deadly force to defend property
b. Otherwise no duty to undiscovered trespassers

Question 8

Products Liability Analysis

Answer 8

1) Duty; 2) defect; 3) causation; 4) damages

Defect must be one of the following:

A) manufacturing - Ordinary consumer expectation test: Product failed to perform as safely as an ordinary
consumer would expect. D must anticipate reasonable misuse

B) design defect - Feasible alternative test: Product could have been made safer without serious impact on
the product’s price or utility
b. Risk-utility test: Danger of design > utility to society, feasibility of alternate designs

C) inadequate warning - Product must have clear and complete warnings of dangers that may
not be apparent to users.

Question 9

Defamation vs slander per se

Answer 9

1) a false; 2) defamatory statement; 3) concerning P; 4) publication; 5) harmful to P’s reputation. Must prove special damages unless slander per se

Private figure = negligence
public figure = actual malice

Slander Per Se - a defamatory statement that either: a) adversely reflects on P’s business or profession; b) claims that P has a loathsome disease; c) claims that P committed a crime of moral turpitude; d) imputes a woman’s chastity

Question 10

Negligent Infliction of Emotional Distress (NIED) and bystander

Answer 10

1) D’s negligence results in a close risk of bodily harm to P. (P must be in the danger zone)
2) D’s negligence results in P’s severe emotional distress
3) P exhibits some physical manifestations attributable to their emotional distress. (Note: Courts are split on this issue)

Bystander - the elements above must be met and:
1) Bystander and the original P are closely related
2) P was present at the scene
3) P personally observed the event

Special situations: P may also recover if D gives an erroneous report of relative’s death or mishandles a corpse.

Question 11

Defenses and Privileges to Intentional Torts

Answer 11

(“POPCANS”)

P - Privilege
O - defense of Others
P - defense of Property
C - Consent
A - Authority
N - Necessity
S - Self defense