Torts

Question 1

Products liability elements for strict liability

Answer 1

(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

Question 2

Presumption of products defective when leaving merchants

Answer 2

Product moved in ordinary distribution channels

Question 3

Two types of product defects for strict liability

Answer 3

design

manufacturing (one off)

Question 4

Products liability theory based on negligence

Answer 4

(i) negligent conduct by the defendant leading to

(ii) the supplying of a defective product by the defendant

Question 5

Can a celebrity prevail on an invasion of privacy claim that doesn’t involve her personal life?

Answer 5

Yes: unauthorized use of her likeness for defendant’s commercial advantage.

Question 6

defamation

Answer 6

defamatory language (reputational harm)
concerning plaintiff
published to third party

Question 7

Liability for defamatory communication to a third party if the communication is the result of negligence, not intention?

Answer 7

Yes

Question 8

Is defamatory material published only via radio or TV considered libel?

Answer 8

Yes

Question 9

Damages for libel that did not involve a matter of public concern?

Answer 9

Yes, general damages

Question 10

Slander

Answer 10

Spoken defamation

Question 11

Libel

Answer 11

Written or printed defamatory language

Question 12

When are defamation damages presumed?

Answer 12

Libel and slander per se

Question 13

Slander per se

Answer 13

bad reflection on business conduct

loathsome disease

bad crimes

unchaste woman

Question 14

Damages for defamation not libel or slander per se?

Answer 14

Special damages must be proven

Question 15

Additional elements for liability when defamation is over matter of public concern

Answer 15

falsity

defendant at fault

Question 16

NYT v. Sullivan Rule

Answer 16

Defamation against public figures must involve actual malice: knowledge or reckless disregard for falsity

Question 17

intentional misrepresentation or fraud

Answer 17

misrepresentation
scienter
intent to induce reliance
causation
justifiable reliance
damages

Question 18

interference with contract or prospective economic advantage

Answer 18

valid K or business expectation between P and third party

D knew of expectancy

D’s intentional interference induced breach of K/expectancy

damages

Question 19

private nuisance

Answer 19

substantial, unreasonable interference with another private individual’s use or enjoyment of his property

Question 20

Does a contributory negligence law override strict products liability?

Answer 20

Generally not.

Question 21

Strict liability for honeybees kept in hives on a farm?

Answer 21

No; considered domesticated.

Question 22

For strict products liability, does increased cost of a safety measure mean it is not economically feasible?

Answer 22

No.

Question 23

Privileges as defenses to defamation

Answer 23

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)