Torts

Question 1

Defamation

Answer 1

Requires defamatory statement, of and concerning P, published to third party who understands its defamatory nature, that damages P’s reputation

Question 2

Slander

Answer 2

Needs special damages
- economic loss, (such as employment or business)

Question 3

Slander per se

Answer 3

Doesn’t need special damages if:
- accused of crime
- conduct re fitness for business or profession
- sexual misconduct
- or having loathsome disease

Question 4

Public concern or public figure

Answer 4

Must prove falsity and fault (malice)

Question 5

Private figure defamation

Answer 5

Only needs to show negligence

Question 6

IIED

Answer 6

D extreme and outrageous conduct causes severe emotional distress or acts with recklessness as to risk of causing such distress

Question 7

False light

Answer 7

The disclosure (making facts public) must have attributed to the P’s actions that he did not take or views that he does not hold. Additionally needs to show actual malice

Question 8

Strict liability: Wild Animals

Answer 8

Wild animal is an animal that is not by custom devoted to the service of humankind in the place where it is being kept

1) not generally domesticated in US
AND
2) are likely, unless restrained, to cause personal injury

Question 9

Strict Liability: Domestic animals

Answer 9

It’s strict liability if knows or has reason to know that animal has dangerous propensities abnormal for its species

Question 10

Duty

Answer 10

Foreseeable P (Cardozo)
Duty owed to all foreseeable P’s, foreseeable P is one who is within the zone of foreseeable harm

Question 11

Business Invitee

Answer 11

Invited to land for business dealings. D Owes reasonable care to inspect property, discover unreasonably dangerous conditions, and protect invitee from them

Question 12

Proximate

Answer 12

Plaintiff suffered a foreseeable harm that is not too remote and is within the risk created by the defendants conduct

Question 13

Damages

Answer 13

Must prove actual harm (injury, property damage)

Question 14

Strict Liability: Wild Animals

Answer 14

Owner or possessor is strictly liable for harm, in spite of any precautions taken, if harm arises from a dangerous propensity that is a characteristic of such a wild animal or of which owner had reason to know

NOTE: not strictly liable to a trespasser

Question 15

Negligence per se

Answer 15

Statute mandates specific duty, the P was in the class of persons statute was designed to protect, and suffered injury it seeks to prevent

(Skip duty, then apply standard to breach, etc)

Question 16

Cost-benefit approach

Answer 16

Alternative to RPP standard of care

See if likelihood and severity of harm outweighs D’s burden (costs and disadvantages) in avoiding the harm

Question 17

Strict Liability: Abnormally dangerous activities

Answer 17

ADA is one that creates a foreseeable and highly significant risk of harm even when reasonable care is exercised, and it is not commonly engaged in by the community

Question 18

Joint and several liability

Answer 18

When two or more D’s are found liable for a single and indivisible harm to the P

Question 19

Psychiatrist liability

Answer 19

Patient poses serious threat to a named individual, psychiatrist must warn or protect, which includes:
1) warn potential victim
2) notify law enforcement
3) take other steps to stop patient

If hurt themselves:
No duty

Question 20

Unknown trespassers

Answer 20

No duty owed for anything

Question 21

Known trespassers

Answer 21

Duty to warn of artificial hazards (death traps). Also cannot engage in willful or wanton conduct like shooting in that direction where trespassers usually are

Question 22

Wrongful birth

Answer 22

Failure to inform about disability and increased medical costs for parents

Question 23

Wrongful life

Answer 23

Failure to inform of risk of disability and cost of having a shitty life

(Child or representative can sue for this)
(Wrongful birth is much more likely to be the correct answer)

Question 24

Professional standard of care and specialist standard of care

Answer 24

Professional: plans standard as the professionals in a similar community

Specialists: national standard for that particular specialty

Question 25

Invitee v licensee trick

Answer 25

Invitee’s: money (invite the money)
Licensee: homies hanging out (license to have FUN)

WithDraw: licensee Warn; Invitee Discover

Licensee: duty to warn of concealed dangers (see if person is aware)
Invitee: duty to discover all knowable dangerous conditions

Question 26

Medical Lost chance of survival

Answer 26

Don’t need 51% chance of survival for “but-for” cause to be successful if jdx follows this rule