Torts

Question 1

Trespasser

Traditional Approach

Answer 1

One who intentionally enters land without permission

Duty
Known or Frequent
* warn of known artificial dangers
* use reasonable care in active operations

Unknown or Unanticpated
* no duty

Question 2

Licensee

Traditional Approach

Answer 2

Enters into land with permission (e.g. social guest)

Duty
* warn of known latent dangers (that are unlikely to be discovered by Trespasser)
* use reasonable care in active operations

Question 3

Invitee

Tradtional Approach

Answer 3

Enters land open to public (e.g. churchgoer)
Enter land for buisness purpose (e.g. store customer)

Duty
* Inspect for unknown dangers
* Make premises safe or provide adequete warnings
* Prevent harm from active operations

Question 4

Adequacy of Warnings/Instructions

Answer 4

Content and Comprehensibility
* Unclear or ambigious instructions
* Technical language
* Incomplete or excessive information

Intensity of Expression
* Text size
* Location (e.g. manual vs. on product)
* Inconspicuous color
* Depiction of danger (e.g. skull and crossbones)

Expected Users
* Children
* Education/skill level
* Disability

Question 5

Defamation of a private person

Answer 5

Defendant must act with:
* knowledge that statement is false OR
* negligent disregard for its falsity

Question 6

Defamation of a public official/person

Answer 6

Defendant must act with actual malice:
* knowledge that statement is false OR
* reckless disregard for its falsity

Question 7

Absolute Invasion of Privacy Privileges

Answer 7

Consent to publication
Publication by participant in judicial or legislative proceedings
Publication by executive or administrative official
Publication to spouse
Publication required by law

Question 8

Conditional Invasion of Privacy Privileges

Lost if abused

Answer 8

Public serves important public or private interest
Publication to someone with common interest(e.g. business partner)
Publication by inferior state officer
Report of official proceeding or public meeting

Question 9

Liability for public disclosure of private facts

Answer 9

• Defendant publically disclosed private facts
• Disclosure is highly offensive to reasonable person
• The disclosed facts are not of legitimate public interest
• The disclosure caused the Plaintiff harm

Question 10

What are the special relationships that impose a duty to protect others?

Answer 10

Parent/child
Hospital/patient
Employer Employees
Shopkeeper/business invitees
Common Carrier/passengers
Custodian/person in custody
Innkeeper/guests

Mnemonic: Please Help Eliminate Safety Concerns Causing Injuries