Torts Flashcards
Products liability elements for strict liability
(i) merchant
(ii) produced/sold defective product
(iii) product was defective when it left defendant
(iv) product was actual + proximate cause of injury
(v) the plaintiff suffered damage to person or property
Presumption of products defective when leaving merchants
Product moved in ordinary distribution channels
Two types of product defects for strict liability
design
manufacturing (one off)
Products liability theory based on negligence
(i) negligent conduct by the defendant leading to
(ii) the supplying of a defective product by the defendant
Can a celebrity prevail on an invasion of privacy claim that doesn’t involve her personal life?
Yes: unauthorized use of her likeness for defendant’s commercial advantage.
defamation
defamatory language (reputational harm) concerning plaintiff published to third party
Liability for defamatory communication to a third party if the communication is the result of negligence, not intention?
Yes
Is defamatory material published only via radio or TV considered libel?
Yes
Damages for libel that did not involve a matter of public concern?
Yes, general damages
Slander
Spoken defamation
Libel
Written or printed defamatory language
When are defamation damages presumed?
Libel and slander per se
Slander per se
bad reflection on business conduct
loathsome disease
bad crimes
unchaste woman
Damages for defamation not libel or slander per se?
Special damages must be proven
Additional elements for liability when defamation is over matter of public concern
falsity
defendant at fault
NYT v. Sullivan Rule
Defamation against public figures must involve actual malice: knowledge or reckless disregard for falsity
intentional misrepresentation or fraud
misrepresentation scienter intent to induce reliance causation justifiable reliance damages
interference with contract or prospective economic advantage
valid K or business expectation between P and third party
D knew of expectancy
D’s intentional interference induced breach of K/expectancy
damages
private nuisance
substantial, unreasonable interference with another private individual’s use or enjoyment of his property
Does a contributory negligence law override strict products liability?
Generally not.
Strict liability for honeybees kept in hives on a farm?
No; considered domesticated.
For strict products liability, does increased cost of a safety measure mean it is not economically feasible?
No.
Privileges as defenses to defamation
Absolute
truth, consent, government proceedings
Qualified reports about public proceedings/general matters of public interest (but no malice! NYT v. Sullivan!); interested recipient (no intermeddler: former to prospective employer re applicant)
