Torts

Question 1

Intentional Torts (to persons)

Answer 1

(1) Assault; (2) Battery; (3) False Imprisonment; (4) IIED

Question 2

Intentional Torts (to property)

Answer 2

(1) Trespass to Land; (2) Trespass to Chattels; (3) Conversion; (4) Nuisance

Question 3

Intentional Torts (defenses)

Answer 3

“POPCANS” – (1) Privilege; (2) Others, defense of; (3) Property, defense of; (4) Consent (express / implied); (5) Authority (arrest / discipline); (6) Necessity (public / private); AND (7) Self-Defense

Question 4

Assault

Answer 4

act of ∆ that creates reasonable apprehension of imminent harmful or offensive contact to the π’s person

Question 5

Battery

Answer 5

intent and actual harmful or offensive contact on π’s person

Question 6

False Imprisonment

Answer 6

(1) intent, (2) confines or restrains π to a bounded area, (3) against π’s will, AND (4) π knows of confinement

Question 7

IIED

Answer 7

(Harm/damages to π, NO intent required) - 1) extreme and outrageous conduct, 2) intent OR recklessness, 3) damages—severe emotional distress

Question 8

Trespass to Land

Answer 8

(1) intent, (2) physical invasion of RP (trespasser, licensee, invitee, attractive nuis)

Question 9

Trespass to Chattels

Answer 9

(1) intent, (2) interference, (3) π’s right to possession to PP

Question 10

Conversion

Answer 10

(1) intent, (2) serious interference, (3) π’s right to possession to PP

Question 11

Nuisance

Answer 11

unreasonable interference w/ use & enjoyment of RP (balance public / private interest)

Question 12

Defamation / Invasion to Property (harm to economic and dignitary interests)

Answer 12

(1) Defamation; (2) Libel; (3) Slander per se; (4) Slander; (5) Invasion of Privacy; (6) Fraud/Deceit/Intentional Misrepresentation; (7) Negligent Misrep; (8) Malicious Prosecution; (9) Abuse of Process; (10) Interference with Business Relations

Question 13

Defamation

Answer 13

CL 1) defamatory statement, 2) of and concerning π, 3) publication, 4) damages

Question 14

Defamation (defenses)

Answer 14

Consent, Truth, Privilege [Absolute (spouse/gov/media); Qualified (public interest - good faith reasonable belief of truth / confined to relevant matters)]

Question 15

Defamation (constitutional issues)

Answer 15

(1) Falsity (prove statement is false); AND (2) Fault (on ∆)

Question 16

Libel

Answer 16

defamatory statement in permanent form (written, recorded, etc.)

Question 17

Slander

Answer 17

defamatory statement in spoken form

Question 18

Slander Per Se

Answer 18

(1) adversely reflects on one’s conduct in a business/profession, (2) crime of moral turpitude, (3) loathsome disease, or (4) unchaste woman/man

Question 19

Invasion of Privacy

Answer 19

“MILF” – (1) Misappropriation; (2) Intrusion; (3) Light, False; 4) Facts, publication of private

Question 20

Fraud/Deceit (intentional misrep)

Answer 20

“MS. IC J.D.” – 1) Misrepresentation, 2) Scienter (∆ knew or believed statement was false), 3) Intent, 4) Causation, 5) Justifiable reliance, & 6) Damages

Question 21

Negligent Misrepresentation

Answer 21

“MB CRED” – 1) Misrep in bus/prof, 2) Breach, 3) Causation, 4) Reliance, & 5) Damages

Question 22

Malicious Prosecution

Answer 22

1) π’s crim. prosec., 2) ends in π’s favor, 3) no probable cause, 4) bad purpose, & 5) damages

Question 23

Abuse of Process

Answer 23

1) wrongful use of process, 2) act/threat against π to accomplish ulterior purpose

Question 24

Interference w/ Business Relations

Answer 24

1) valid K between π/3rd party or valid business expectancy, 2) ∆’s knows of relationship/expectancy, 3) ∆’s intentionally interferes causing breach/termination by ∆, & 4) damages

Question 25

Negligence

Answer 25

(1) Duty - foreseeable π (Cardozo – ZOD / Andrews – everyone foreseeable); (2) Breach - custom/usage, neg. per se (statutory), or RIL; (3) Actual Causation (but for, sub. factor) & Proximate (foreseeable harm); (4) Damages; (5) Defenses

Question 26

Special Negligence

Answer 26

Malpractice, NIED Victim (ZOD, physical symptoms), Bystander (closely related, observed/perceived, physically present)

Question 27

Negligence (defenses)

Answer 27

Contributory (bar to recovery), Comparative (always recovers), Modified Comparative (if π more than 50% at fault, no recovery), Assumption of the Risk (AOR)

Question 28

Strict Liability (issues)

Answer 28

(1) Animals; or (2) Inherently Dangerous

Question 29

Strict Liability (animals)

Answer 29

Wild (strict); Domesticated (1st time not liable if didn’t know about dangerous characteristics)

Question 30

Strict Liability (inherently dangerous)

Answer 30

1) acts create foreseeable risk of harm, 2) not common in place ∆ conducts it

Question 31

Products Liability (issues)

Answer 31

Manufacturing - different from and more dangerous than others;
Design Defect – “feasible alternative” approach: ∆ could have made product safer without serious impact on price / utility

Question 32

Products (defective)

Answer 32

1) supplier/merchant ∆, 2) defect, 3) when left ∆’s control, 4) foreseeable user/use

Question 33

Products (information defect)

Answer 33

inadequate products warnings

Question 34

Products (negligence)

Answer 34

1) duty to supply safe products, 2) breach, 3) causation, 4) damages

Question 35

Products (express warranty)

Answer 35

seller makes promise to buyer relating to goods that becomes “basis of bargain”

Question 36

Products (implied warranty of merchantability AND fitness)

Answer 36

Merchantability (ordinary purpose); Fitness (particular purpose)

Question 37

Products (defenses)

Answer 37

Comparative Fault, Scientifically Unknowable Risk, Unavoidably Unsafe Product

Question 38

Vicarious Liability

Answer 38

1) respondeat superior (YES if w/in scope of job, intentional torts included if force part of the job), 2) independent contractor (NO, unless inherently dangerous activity or public policy reasons, 3) car-owner/driver (NO, unless family car doctrine, permissive use, or negligent entrustment, 4) partners/joint ventures (YES if w/I scope and course of affairs), 5) bailor/baillee (NO, unless negligent entrustment), 6) parent/kid (NO under CL, unless statute, agency, and negligence)

Question 39

Joint Liability

Answer 39

1) comp. contribution (jury assigns percentage, ∆s pay share), 2) indemnification

Question 40

Wrongful Death (loss of consortium)

Answer 40

1) loss of services, 2) loss of society, 3) loss of sex

Question 41

Immunities

Answer 41

1) intra-family immunity, 2) government tort immunity (exceptions - intentional tort, defamation, K interference), 3) public official immunity