Torts

Question 1

Negligence per se standard

Answer 1

1. statute provides for a criminal penalty
2. statute was made to prevent the kind of harm suffered
3. plaintiff is a member of class of people to be protected by statute
4. statute is clear as to standard of conduct

Question 2

Test for Negligence

Answer 2

A defendant must fail to exercise such care as a reasonable person in his position would have exercised; his conduct must be a breach of the duty to prevent the foreseeable risk of harm to anyone in the plaintiff’s position, and this breach must cause the plaintiff’s damages.

Question 3

Slander per se categories

Answer 3

1. statements accusing someone of a crime
2. statements alleging that someone has a foul or loathsome disease;
3. statements adversely reflecting on a person’s fitness to conduct her business or trade; and
4. statements imputing serious sexual misconduct to someone (alomost always to a woman)

Question 4

Special Damages (re: Defamation)

Answer 4

Special Damages are pecuniary (e.g. lost job, inheritance, gift, customer) need not be proven for slander per se or for libel

Question 5

Invasion of Privacy Torts

Answer 5

1. Appropriation of plaintiff’s personality for defendant’s own commercial advantage
2. publication of facts that place a plaintiff in a False Light;
3. Intrusion on a plaintiff’s affairs or seclusion;
4. public disclosure of Private facts about a plaintiff

Question 6

Strict Liability Torts

Answer 6

1 keeping a wild animal

2. conducting abnormally dangerous activity (cannot be performed with complete safety no matter how much care is taken)
3. selling a defective product

Question 7

Products Liability Elements

Answer 7

DEFECT - product must be defective
CONTROL - defect must have existed when product left plaintiffs control
CHANGES - product must not have been expected to have undergone signifivant changes before user got it
BUSINESS - seller must be in the business of selling the product
CAUSATION - damage must result from defect
NO PRIVITY - defendant’s duty only extends to anyone foreseeably endangered by the product