Torts

Question 1

Strict Products Liability

Answer 1

(1) D is commercial supplier; (everyone down the line)
(2) production or sale of a defective product; (prove reasonable alternative design was economically feasible)
(3) actual and proximate cause; and
(4) damages
* Everyone down the line is liable if in business of selling goods

Question 2

Invasion of Privacy (CLIP)

Answer 2

(1) appropriation of picture or name for Comm. adv.
[2-4 = highly offensive to reasonable person]
(2) publication placing P in a false Light
(3) Intrusion upon seclusion
(4) public disclosure of private facts (doesn’t matter if true)

Question 3

Attractive Nuisance

Answer 3

(1) Dangerous artificial condition that Owner knew or should know of
(2) owners knows children frequent condition (kid did not understand risk)
(3) condition likely to cause injury
(4) expense to remedy is slight compared to risk

Question 4

Duty to Anticipated Trespasser

Answer 4

WARN or make safe KNOWN concealed ARTIFICIAL conditions involving DEATH or SERIOUS bodily harm - DOES NOT INCLUDE OPEN AND OBVIOUS CONDITIONS

Question 5

Duty to Licensees (social guests)

Answer 5

Duty to WARN or make safe ALL KNOWN dangerous conditions involving unreasonable risk of harm
*In IL owed duty of ordinary care

Question 6

Duty to Invitees (held open to public)

Answer 6

Duty to WARN or make safe after reasonable INSPECTION ALL KNOWN dangerous conditions
*In IL owed duty of ordinary care

Question 7

Strict Liability Defenses

Answer 7

Unforeseeable misuse or Assumption of the Risk (P knew of risk and voluntarily assumed it)

Question 8

Trespass

Answer 8

(1) Act of physical invasion by D (by individual or instrument)
(2) on plaintiff’s land (reasonable distance up or down)
* Can be brought by anyone in actual or constructive possession

Question 9

Indirect Cause (Proximate Cause)

Answer 9

Force after D’s negligence combined to cause injury

Liability cut off if indirect cause is superseding (foreseeability)

Question 10

Products Liability based on Negligence

Answer 10

(1) Negligent conduct (design, manufacturing, warning, inspection) (2) Supply of defective product
ALMOST ALWAYS MANUFACTURERS BUT NOT RETAILERS/WHOLESALERS

Question 11

Assault

Answer 11

(1) Reasonable apprehension of immediate or harmful contact (battery) (words alone not enough)
(2) Intent
(3) Causation

Question 12

Defamation

Answer 12

(1) Defamatory statement about P
(2) Publication (reasonably understood)
(3) Damage to Rep (libel or slander (special damages)) (LUMP for slander per se)
(4) Falsity (P must prove in 1st Am case - public concern)
(5) Fault - prove actual malice (knowledge of falsity or reckless disregard as to truth or falsity) (public figure) or negligence (private person)

Question 13

Last Clear Chance Doctrine (NOT A DEFENSE)

Answer 13

D had last clear chance to avoid accident despite P’s contrib negligence

Question 14

Intentional Misrepresentation

Answer 14

(1) Misrep of fact
(2) Scienter (malice)
(3) Intent to Induce Reliance
(4) Justifiable Reliance (no duty to investigate)
(5) Causation
(6) Damages
NO DEFENSES
Turns to negligent mis rep only in commercial setting and no scienter just negligence

Question 15

Intentional Infliction of Emotional Distress

Answer 15

(1) extreme and outrageous conduct
(2) Intent or reckless disregard (note type of sensitive P)
(3) causation
(4) damages - physical injury not required (unlike NIED)
NOTE: higher standard for carriers and innkeepers

Question 16

Negligent Infliction of Emotional Distress (NIED)

Answer 16

(1) P suffers physical injury (shock is enough)
(2) P w/in target zone of D’s conduct
(3) Bystander recovery (not in IL) - close relationship, present at scene of injury and observed event

Question 17

Battery

Answer 17

(1) Harmful or offensive contact

(2) With Plaintiff’s person

Question 18

False Imprisonment

Answer 18

(1) Act or omission that confines to bounded area
(2) intent to confine or restrain
(3) causation

Question 19

Shoplifting Exception to FI

Answer 19

Reasonable: (1) belief of theft; (2) manner of detention; (3) period of time

Question 20

Trespass to Chattels and Conversion

Answer 20

(1) Physical damage and/or
(2) Dispossession
Damages = TPC - cost of repair; CONV = FMV

Question 21

Defense of Consent to IT (or defamation/privacy)

Answer 21

(1) P has capacity to consent (unless implied)
(2) Express (words) or Implied (custom/P’s conduct) or implied by law in emergencies
(3) Scope of consent

Question 22

Self Defense, Defense of Others, Defense of Property

Answer 22

(1) Tort now or just about to occur (unless hot pursuit)
(2) Reasonable Belief tort being committed (no duty to retreat)
(3) Proper Amount of force = DF allowed except for property (property = reasonable force)

Question 23

Necessity (Defense to property tort)

Answer 23

(1) Tort is against property

2) Public (absolute/no liability) v. Private (liable for damages

Question 24

Interference with Business Relationship

Answer 24

(1) Valid relationship between plaintiff and 3rd person (Existing or prospective)
(2) D’s knowledge of relationship
(3) intentional interference
(4) damage
DEFENSES: Privilege - persuasion or relationship of parties

Question 25

Negligence

Answer 25

(1) Duty - foreseeable P (rescuers) and standard of care (reasonable person under the circumstances) to protect against unreasonable risk of injury *take into account physical characteristic
(2) Breach
(3) Causation (actual “but for” and proximate “foreseeable)
(4) Damages

Question 26

Affirmative Duty to Act - NONE Except…

Answer 26

(1) Special relationship (common carrier, family, innkeeper)
(2) Duty to Control 3rd Person (ability and know its req’d)
(3) Assume duty by acting
(4) P’s peril due to D’s negligence

Question 27

Proximate cause

Answer 27

(1) Direct - uninterrupted chain of events

(2) Indirect - intervening force - if foreseeable = liable

Question 28

Assumption of Risk

Answer 28

(1) Knew of risk
(2) Voluntarily assumed it
EXCEPT: no other viable alternative or emergency

Question 29

Strict Liability

Answer 29

(1) Absolute duty to make safe
(2) Actual and proximate cause
(3) damage
* Wild Animals - owner liable (not domestic animals w/ no dangerous propensity) - not liable to trespassers unless negligent (i.e. knows on land and does not warn of animal)

Question 30

Nuisance (Public and Private)

Answer 30

Private - substantial, unreasonable interference with use and enjoyment of land to the avg person in community
Public - Unreasonably interference w/ health, safety or property rights of the community (unique damage not suffered by public)

Question 31

Joint and Several Liability

Answer 31

2 or more acts cause indivisible injury, P can recover full amount from either