Torts

Question 1

Three (3) Types Of Essays

Answer 1

1-Negligence;

2-Product Liability; and

3-Defamation

Question 2

Elements of Negligence?

Answer 2

Duty

Breach

Causation🡪Two Causes
-Actual
-Proximate
(foreseeability)

Intervening vs Superseding Causes

Damages🡪Actual physical harm

Question 3

What are the defenses for Negligence?

Answer 3

Modified Comparative Negligence→50% or less at fault
**If ℿ is more than
50% at fault
complete bar to
recovery*

*Does NOT apply to “med-mal” case, ℿ
pure comparative still
applies ℿ damages
reduced by % of fault
as determined by
fact-finder

Assumption of risk
-ℿ knew/appreciated the nature of the risk and proceeded anyway🡪can’t sue

Question 4

Negligence Per Se

Answer 4

Violation of an ordinance or statute
-Part of the protected class that the law was designed to protect
Injury is the kind that the law was trying to prevent (school zone)

Question 5

Negligence-Other Issues

Answer 5

*Vicarious liability
*Negligence Per Se
*Good Samaritan Rule
*Vicarious Liability
*Negligent hiring
*Joint & Several Liability
*Sovereign Immunity
*Medical Malpractice
*Punitive Damages
*Collateral Source Rule

Question 6

Product Liability- Causes of Action

Answer 6

1. Negligence
2. Breach of Warranty
   
   • Express-merchantability
   • Implied-fitness for
     particular use
3. Strict Product Liability (elements)
4. Inadequate/Failure to Warn**

Question 7

Strict Product Liability

Answer 7

Elements
1. Product left manufacturer in defective condition (design or manufacturing)
2. Sold by commercial seller
3. Foreseeable user
4. Used in manner intended- unchanged

Question 8

Product Liability Defenses

Answer 8

1-Assumption of the risk

2-Intentional misrepresentation – to induce reliance of a material fact

3-Negligent misrepresentation – generally during a business transaction

Question 9

Strict Product Liability

Answer 9

1 - Product left
manufacturer in
defective condition
(design/manufactured)

2 - Sold by commercial seller

3 - Foreseeable user

4 - Used in manner intended🡪unchanged

Question 10

Defamation-Elements

Answer 10

False statement of fact

About ℿ which

Hurts their reputation with

Publication △ is at fault and causes

Damages

If it’s a media defendant & ℿ gives notice 5 days before suit requesting retraction and broadcast was in good faith, only actual damages recovereable

• Private person standard of proof 🡪negligent disregard for truth
• Public figure standard of proof
  🡪actual malice (knew or should have known) reckless disregard for truth

Question 11

Slander

Answer 11

Must prove special damages🡪pecuniary loss

Question 12

Slander Per Se

Answer 12

Statements so bad that damages are presumed:
* -Chastity of women
* -Accused of a loathsome disease
* -Accused of a felony

Question 13

Libel

Answer 13

• Written in permanent form of defemation
• Special harm not required

Question 14

Defense

Answer 14

• Truth
• Qualified privilege-made in proper manner in good faith