Torts

Question 1

DEFENSES for intentional torts:

Answer 1

Affirmative defenses to intentional torts : DARN COPS!- Duress, Authority, Right (of reentry for property and recapture for chattels), Necessity, Consent, and defense of Others, Property, and Self.

Question 2

General elements of Torts

Answer 2

AIC – Act, Intent, Causation

Question 3

Necessity – Act necessary to prevent

Answer 3

SIT – Serious and Immediate Threat

Question 4

Known trespasser- must warn or make safe

Answer 4

HACK Highly artificial dangerous concealed.

Question 5

slander per se

Answer 5

CLUB for slander per se (crimes, loathsome disease, unchasity-SEXUAL MISCONDUCT, business):

Question 6

Some information about a person disclosed or used? Privacy torts

Answer 6

CLIP –
C – COMMERCIAL misappropriation of P’s name, likeness, or voice w/o P’s written permission (& compensation); taking commercial advantage of a living person’s reputation, prestige, or some other value associated w/ P’s name or likeness w/o compensating him or her for it
L – False LIGHT publicity that unreasonably places P in highly objectionable false light before the public. DEFAMATION TYPE
I – Highly offensive INTENTIONAL intrusion into another’s seclusion or solitude
P – PUBLIC disclosure of highly offensive and deeply shocking private facts that are of no legitimate interest to the public. DEFAMATION TYPE

Question 7

Consider DEFENSES for negligence:

Answer 7

• Duty to mitigate- the plaintiff has a duty to take reasonable steps to mitigate damages.
• Comparative- the trier of fact weighs the plaintiff’s negligence and reduces damages accordingly (for example, if the plaintiff is 10% at fault, their damages are reduced by 10%). At MBE, assume pure comparative.
• Contributory- Contributory negligence is negligence on the part of the plaintiff that contributes to the plaintiff’s injuries. Bars recovery. Exception: Last clear chance- the person with the last clear chance to avoid an accident who fails to do so is liable for negligence.
• Assumption of the risk- Known of the risk and voluntarily proceeded in the face of the risk. NOTE: Assumption of risk is not a defense to intentional torts, but it is a defense to wanton and willful misconduct.

Question 8

Consider defenses for defamation:

Answer 8

qualified privilege, substantial truth, absolute privilege

Question 9

Imperfect self-defense:

Answer 9

D was at fault, D unreasonable but honestly believed the necessity of responding with deadly force. Therefore, defense actions do not qualify for self-defense.