Torts

Question 1

What happen when but for test doesn’t work because there are multiple causes?

Answer 1

can use substantial factor test: whether defendant’s conduct was a substantial factor in causing the injury.

Question 2

What are the rules for lost chance of survival?

Answer 2

Traditional: over 50% chance but for negligence; Modern chance of survival: calculated by chance of survival reduced by malpractice.

Question 3

Who is liable for defective product?

Answer 3

Any commercial supplier in the chain of distribution may be strictly liable for a defective product that harms the plaintiff, if the defect exited at the time the product left the commercial supplier’s control.

Question 4

What happens if you purchase a property next to a known nuisance?

Answer 4

Acquiring property next to a known nuisance = possibly no nuisance claim but isn’t 100%.

Question 5

Private necessity

Answer 5

A landowner must permit a trespass arising from necessity. (appears to be necessary to protect one self, third parties, or property, from serious harm

Homeowner is liable for damages to people or property if they stop a privileged trespass. Trespasser is responsible for damages (unlike in public necessity when they wouldn’t be).

Question 6

What if the entire purpose of something is to IED?

Answer 6

automatically guilty, don’t need to prove elements of IIED (usually have to prove outrageous conduct).

Question 7

For SPL, what if the item is sold to someone else, is the manufacturer still on the hook?

Answer 7

If item is sold to someone else, it is foreseeable that the ultimate purchaser will use it so they are still liable.

Question 8

Slander of Title vs Trade Libel

Answer 8

Slander of Title= False & Derogatory statements that harm or call into question plaintiff’s ownership of real property ;

Trade Libel = False and derogatory statements that harm plaintiff’s business or products.

Question 9

Can you use mechanical devices to defend your property?

Answer 9

Mechanical device can be used to defend property when necessary to protect prop from intrusion, cant be unreasonably dangerous, must be customarily used for this purpose.

Question 10

Products liability

Answer 10

1) negligence in chain
2) breach of warranty
3) SPL
- a) defect in product, sold by commercial seller, foreseeable user, used in manner intended.
- b) failure to warn/inadequate warning

Question 11

When is a defendant privileged to publicly disclose facts about plaintiff private life?

Answer 11

If the disclosure is (1) fair and accurate report of a public meeting and (2) that meeting dealt with matters of legit public interest.