Torts

Question 1

Nuisance

Answer 1

An invasion of private property rights by conduct that is either intentional, negligent, or subject to strict liability.

Question 2

Strict liability on the basis for a nuisance action (“absolute” nuisance/ “nuisance per se”)

Answer 2

when wild animals or abnormally dangerous domestic animals are involved, or when D is engaged in an abnormally dangerous activity.

Question 3

Embezzlement

Answer 3

Is the fraudulent conversion of the property of another by a person in lawful possession.

Question 4

Larceny

Answer 4

The taking and carrying away of the periphery of another by trespass with intent to permanently deprive the person of the property. The intent to permanently deprive must be concurrent with the taking and carrying away.

Question 5

Larry by trick

Answer 5

Specialized form of larceny. The D must acquire possession of the property by some misrepresentation concerning a present or past fact.

Question 6

Theft by false pretenses

Answer 6

Obtaining title to the property of another by an intentional (or knowing) false statement of past or exiting fact with the intent to dread.

Question 7

Indemnity

Answer 7

he principle of indemnity permits a shifting between the tortfeasors of the entire loss (i.e., the payment made to satisfy plaintiff’s judgment). This is in contrast to contribution, which apportions the loss among those who are at fault. Indemnity is available in vicarious liability situations, where one party is held liable for damages caused by another simply because of his relationship to that person.

Question 8

Trespass to chattels

Answer 8

Requires 1) an act of the D that interferes with P’s right of possession in the cattle, 2) intent to perform the act brining about interference with P’s right of possession, 3) causation, 4) damages. The act of interference may be either dispossession of or a damage to the chattle.

Question 9

Attempt

Answer 9

Is an act that, although done with the intention of committing a crime, falls short of completing the crime, falls short of completing the crime. An attempt consists of two elements: 1) the intent to commit the crime, and 2) an overact in furtherance of the crime.

Question 10

Exception to defamation

Answer 10

Under certain circumstances, a speaker will not be liable for defamatory statements because she is afforded an absolute privilege. Such a privilege is not effected by a showing a malice, abuse, or excessive provocation. Remarks made by either federal or state legislators in their official capacity during legislative proceedings are absolute privileged. There s no requirement of a reasonable relationship to any matter at hand.

Question 11

Duty of a lot owner

Answer 11

The lot owner owes the duty of an owner and occupier of land to those off the premises for unreasonably dangerous artificial conditions.

Question 12

Prima facie case of intentional misrepresentation or fraud

Answer 12

P must prove i) misrepresentation by D, 2) scienter (knowledge or intent to do something), 3) intent to induce p’s reliance on the misrepresentation, 4) causation (actual reliance on the misrepresentation), 5) justifiable reliance on the misrepresentation, and 6) damages.

Question 13

Intentional infliction of emotional distress

Answer 13

Requires: i) an act by the d amounting to extreme and outrageous conduct; 2) intent on the part of the D to cause the P to suffer severe emotional distress, or a reckless disregard that the conduct would cause emotional distress; iii) causation; and iv) damages-severe emotional distress.

Question 14

Products liability based on strict liability requires

Answer 14

i) the D is a commercial supplier; ii) the D produced or sold a product that was defective when it left the D’s control; iii) the defective product was the actual and proximate cause of the P’s injure; and iv) the P suffered damage to person or property.

Question 15

Does a product have to be actually defective for a product liability claim

Answer 15

No, it can be legally defective if it is unreasonably dangerous and could be made safer by adequate warnings.

Question 16

While the general rule is that a principal is not vicariously liable for the torts of an independent contractor

Answer 16

a broad exception applies when the duty of care is nondelegable on public policy grounds, such as a landowner’s duty to make his premises safe.

Question 17

Can a dead person sue someone for a tort that happened to them?

Answer 17

Only living persons can be defamed; defamation of a deceased person is not an actionable tort.