Torts

Question 1

Negligent infliction of emotional distress

Answer 1

(1) D’s negligence caused risk of bodily harm to P (P must be within the zone of danger)
(2) plaintiff must suffer physical symptoms from the severe emotional distress

Question 2

Bystander negligent infliction of emotional distress

Answer 2

bystander outside of the zone of danger who sees D injure another can recover for their own distress as long as
(1) P and the person injured are closely related, and
(2) P was present at the scene and observed / perceived the event

Question 3

Attractive Nuisance

Answer 3

P must show:
(1) a dangerous condition on the land that the owner is or should be aware of
(2) the owner knows or should know that children might trespass on the land
(3) the condition is likely to cause injury - dangerous bc of the child’s inability to appreciate the risk
(4) the expense of remedying the situation is slight compared with the magnitude of the risk

Question 4

Res Ipsa Loquitur

Answer 4

The very occurrence of the event shows some negligence. P must show:
(1) the accident causing the injury would not normally occur unless someone was negligent
(2) the negligence was probably attributable to D (the type of accident generally happens bc of negligence of someone in D’s position)

Question 5

Battery

Answer 5

Harmful or offensive contract to P’s person
+ intent and causation

Question 6

Assault

Answer 6

reasonable apprehension of immediate harmful or offensive contract to P’s person
+ intent and causation

Question 7

False Imprisonment

Answer 7

Act resulting in P’s confinement to a bounded area
+ intent and causation

Question 8

Intentional infliction of emotional distress

Answer 8

(1) Extreme or outrageous conduct - exceeds all bounds of decency
(2) severe emotional distress
(3) intent or recklessness
+ causation and actual damages

Question 9

bystander intentional infliction of emotional distress

Answer 9

(1) P bystander must be present when the conduct occurred
(2) the distress must result in body harm OR P is a close relative of third party, and
(3) D must know of these facts or have intent to cause P distress

Question 10

trespass to chattel / conversion

Answer 10

intentional interference with P’s right of possession in chattel

Question 11

Self-defense

Answer 11

reasonable belief in tortious action and reasonable (proportionate) force

Question 12

factual causation

Answer 12

• but for test
• substantial factor test for several causes (liable if breach contributed in a substantial way to the injury)
• unascertainable causes - shifts burden to Ds to prove which D caused the harm

Question 13

Last clear chance rule

Answer 13

an exception to contributory negligence - under this rule, the person with the last clear chance to avoid the accident but fails to do so is liable for negligence

Question 14

Assumption of risk

Answer 14

P knew of the risk and voluntarily proceeded

Question 15

abnormally dangerous activity

Answer 15

(1) the activity must create a risk of serious harm even when reasonable care is exercised, and
(2) the activity is not a matter of common usage in the community

liability extends to foreseeable plaintiffs and the harm must result from the kind of danger anticipated from the dangerous activity

Question 16

products liability

Answer 16

(1) D is a commercial supplier
(2) product is defective and unreasonably dangerous when placed in the stream of commerce
(3) product was the actual and proximate cause of P’s injuries
(4) P used the product in a foreseeable manner

Question 17

Nuisance

Answer 17

intentional invasion of property rights > substantial and / or unreasonable interference
- private - use and enjoyment of the land
- public - health, safety, etc of community
- defenses - came to the nuisance

Question 18

intentional interference with business relation

Answer 18

(1) valid K or business expectancy
(2) D knows and interferes
(3) interference causes breach or termination of K,
(4) damages

Question 19

Privacy claims

Answer 19

• appropriation
• false light - widespread publication of falsehood about P that would be highly offensive to a reasonable person
• intrusion upon seclusion - P has a REoP and the intrusion is high offensive to a reasonable person
• disclosure - of info highly offensive to a reasonable person

Question 20

Defamation

Answer 20

(1) false defamatory statement concerning P
(2) publication - made to a third party
(3) harmful to P’s reputation (if public figure / concern, must prove falsity and malice)
(4) damages
- libel and slander per se - actual damages
slander - specific economic loss

Question 21

intent for intentional torts

Answer 21

D acts with the desire to produce the legally forbidden consequence

Question 22

Negligence - duty

Answer 22

whenever a person engages in an activity, he is under legal duty to act as a reasonably prudent person would under the circumstances. if the D creates un unreasonable risk of injury to persons in the position of the P, the general duty of care extends from the D to P