Torts

Question 1

Strict Liability

Answer 1

(1) Commercial supplier
(2) Defective when left control
(3) Causation
(4) Damages

Strict liability… (C)an (C)reate (C)razy (D)amages

Question 2

Intentional Infliction of Emotional Distress (Direct Action)

Answer 2

(1) extreme and outrageous conduct
(2) that causes the plaintiff to suffer severe emotional distress

Question 3

Intentional Infliction of Emotional Distress (Bystander)

Answer 3

(1) Present when the injury occured
(2a) The distress resulted in bodily harm OR
(2b) the plaintiff is a close relative of the third party
(3) The DEF knew these facts

Question 4

Negligent Infliction of Emotional Distress (Direct Action)

Answer 4

(1) PL was in the zone of danger
(2) PL suffered physical symptoms from the distress

Question 5

Negligent Infliction of Emotional Distress (Bystander Case)

Answer 5

(1) PL and the person injured by the DEF were closely related
(2) The PL was present at the scene of the injury and personally observed or perceived the event.

Question 6

Negligent Infliction of Emotional Distress (Special Relationship)

Answer 6

If there is a special relationship between PL and DEF so that the DEF’s negligence has great potential to cause emotional distress…

Then…DEF has a duty and may be liable for causing severe emotional distress even if the PL does not experience physical symptoms

Examples:
1. Doctor misdiagnosing PL, telling them they have a terminal illness
2. Mortuary’s negligent cremation of deceased contrary to family’s instructions

Question 7

Invasion of Privacy Torts

Answer 7

(1) Appropriation of the PL’s picture or name
(2) Intrusion on the PL’s affairs or seclusion
(3) Publication of facts placing the plaintiff in a false light
(4) Public disclosure of private facts about the plaintiff

Question 8

Appropriation of Name/Likeness

Answer 8

(1) Unauthorized use of PL’s picture or name
(2) for the DEF’s commercial advantage

Question 9

Intrusion on PL’s Affairs or Seclusions

Answer 9

(1) Intentional interference with the PL’s zone of privacy
(2) In a manner offensive to a reasonable person

Question 10

Portrayal in False Light

Answer 10

(1) Publication of false information
(2) That would be highly offensive to a reasonable person

Question 11

Public Disclosure of Private Fact

Answer 11

(1) Disclosure of true facts
(2) that would be highly offensive to a reasonable person of ordinary sensibilities
(3) and it is not newsworthy

Question 12

Intentional Misrepresentation or Fraud

Answer 12

(1) Misrepresentation by the DEF
(2) Scienter
(3) Intent to induce PL’s reliance on the misrepresentation
(4) causation
(5) Justifiable reliance on misrepresentation
(6) Damages

Question 13

Negligent Misrepresentation

Answer 13

(1) Misrepresentation made by defendant in a business or professional capacity
(2) breach of duty to that particular plaintiff
(3) causation
(4) Justifiable reliance
(5) Damages