Torts

Question 1

Damages (are/not) relevant to a battery claim

Answer 1

Are not.

Question 2

A victim of false imprisonment (may/may not) recover for humiliation or emotional distress

Answer 2

may! can recover these damages as an add-on

Question 3

The remedy for trespass to chattels is

Answer 3

fair market value. This does NOT equal replacement value, just fair market value at the time the trespass occured

Question 4

The elements of trespass are:

Answer 4

intent to cause physical tangible thing to invade someone else’s land

Question 5

The intent required for trespass is the intent to

Answer 5

cause physical, tangible thing to invade the land, NOT the intent to actually trespass. Note that intent can be inferred if you know with substantial certainty that it will invade the land.

Question 6

Mistake of land ownership (is/isn’t) a valid defense to trespass

Answer 6

is NOT

Question 7

Private necessity is when a defendant invades someone else’s land in order to

Answer 7

save himself or family from harm. NOT liable for trespass but ARE liable for any property damage.

Question 8

It (does/does not) matter to private necessity that you wouldn’t have needed to invade another’s land had you been using reasonable care

Answer 8

Does NOT matter. That’s a negligence claim. Here, it doesn’t matter whether or not you should have placed yourself in the position where the invasion became necessary. As long as it was necessary for you to avoid harm, you aren’t liable for trespass (but are liable for the damage you caused)

Question 9

IIED (does/does not) require physical injury

Answer 9

does NOT

Question 10

As a rule, NIED (does/does not) require physical injury. However, two exceptions are

Answer 10

mishandling of a corpse or misreporting of a death

Question 11

As soon as you see negligence, pick a question that addresses whichever of he four elements are missing. The four are

Answer 11

duty, breach, causation (but for and proximate) and damages

Question 12

If am employer hires an employee and the employee causes injury to a third person, the employer could be liable for

Answer 12

negligent hiring

Question 13

Negligent hiring does not require that the employee was acting within ________ when he harmed somebody

Answer 13

the scope of his employment

Question 14

Whether a child doing a child’s activity breached a duty of care is evaluated by asking whether

Answer 14

a child of the same age, education, intelligence, and experience would have done the same thing

Question 15

A landowner owes a duty to invitees to

Answer 15

inspect and make the land safe

Question 16

An invitee’s status can become extinguished if the invitee

Answer 16

exceeds the scope of their status on the land. They can then become an anticipated trespasser

Question 17

Unless stated otherwise, all tort damages against multiple defendants are generally allocated using _______

Answer 17

joint and several liability

Question 18

The strict products liability rule is:

Answer 18

Generally, one who sells products in a defective condition unreasonably dangerous to users or consumers is held strictly liable for resulting harm or injury that occurs

Question 19

A plaintiff suing on a theory of strict products liability can sue anyone in the chain of sale as long as

Answer 19

the product was defective when it left the defendant’s control

Question 20

To voluntarily assume a risk, a plaintiff has to

Answer 20

know of the risk and voluntarily assume it

Question 21

A plaintiff does not have to purchase the product from the defendant to hold them liable for strict products liability, it only has to be a

Answer 21

foreseeable user or consumer

Question 22

Injuries incurred while fleeing from a wild animal (are/are not) foreseeable

Answer 22

ARE. And it doesn’t really matter how dangerous or not dangerous the animal is subjectively. If you can’t domesticate it, it’s dangerous.

Question 23

Injuries incurred while feeling from a dangerous or ultrahazardous activity (are/are not) foreseeable

Answer 23

are

Question 24

All four privacy torts require publication except

Answer 24

intrusion to solitude.

CLIP: Commercial Appropriation, False Light, Intrusion to Solitude, and Public Disclosure of Private Facts