Torts

Question 1

To show a prima facie case of intentional tort, the plaintiff must first prove what?

Answer 1

A volitional act by the defendant.

Question 2

May an initial aggressor claim the defense of self-defense?

Answer 2

Yes.

Question 3

For a plaintiff to prove intentional infliction of emotional distress from a defendant’s intentional commission of physical harm to a third party, the defendant must have known what?

Answer 3

That the plaintiff was present when the harm was inflicted by the defendant on the third party.

Question 4

May a property owner use force against someone who has a privilege to be on the property to prevent that person from being there?

Answer 4

No.

Question 5

To what circumstances does the doctrine of transferred intent apply?

Answer 5

A different tort against the same party; the same tort against a different party; and a different tort against a different person.

Question 6

Transferred intent may be invoked only if both the tort intended and the tort that results are . . .

Answer 6

Assault; battery; false imprisonment; trespass to land; or trespass to chattel. (FABTT)

Question 7

Proof of intentional infliction of emotional distress requires proof of what?

Answer 7

Actual damage.

Question 8

How must a shopkeeper perform a detention of a suspected shoplifter under the shopkeeper doctrine?

Answer 8

The shopkeeper must conduct the detention 1) in a reasonable manner; and 2) detain the suspect only for a reasonable time.

Question 9

In order to claim defense of property, a landowner must first do what?

Answer 9

Request the trespasser to desist.

Question 10

What kind of damages must be proven to prove false imprisonment?

Answer 10

None. False imprisonment requires no proof of damages.

Question 11

What is “intermeddling” for the purpose of proving trespass to chattels?

Answer 11

Conduct which directly damages the plaintiff’s chattels.

Question 12

When is the defense of consent not available to a defendant?

Answer 12

When the consent was gained by mistake induced by the defendant.

Question 13

What kind of crime must be committed for a citizen to make a citizen’s arrest without a warrant and being liable for false imprisonment?

Answer 13

A felony.

Question 14

What must a citizen know before they can make a warrantless citizen’s arrest?

Answer 14

That a felony has in fact been committed.

Question 15

What kind of intent must the defendant have to be found liable for conversion?

Answer 15

General intent—the intent to perform the act which interfered with the plaintiff’s right of possession.

Question 16

What must a defender believe in order to claim the defense of defense of others?

Answer 16

The defender must reasonably believe that there is a right to receive assistance on the part of the one in need of defense.

Question 17

May a landowner who has been tortiously dispossessed of his property use force to regain it?

Answer 17

No, he must use legal remedies.

Question 18

If A threatens force against B’s property, may B claim false imprisonment?

Answer 18

Yes. A threat of force against another’s property is enough to claim false imprisonment.

Question 19

Defenses to intentional torts generally allow use of reasonable force except for when?

Answer 19

When the plaintiff has been dispossessed of their land.

Question 20

A citizen’s arrest without an arrest warrant is permitted without being liable for false imprisonment if what?

Answer 20

1) a felony has in fact been committed; and 2) the citizen has reasonable grounds to believe the person arrested committed the felony.

Question 21

A prima facie case of assault requires what on the part of the plaintiff?

Answer 21

Awareness of the force set in motion by the defendant.

Question 22

Defense of others is available to a defender if the defender has what?

Answer 22

A reasonable belief that the person being aided has the right to self-defense.

Question 23

Trespass to land requires some form of ____________.

Answer 23

physical entry onto the land of another.

Question 24

If there is no entry onto the land of another, but there is nonetheless damage caused by another, what other torts might that person be liable for?

Answer 24

Nuisance; Strict Liability

Question 25

When will a common law negligence duty of care be replaced by another level of duty?

Answer 25

When there is a statute providing for a different duty of care than the general common law rule.

Question 26

Liability for conditions on the premises of land hinges on what?

Answer 26

Who occupies and controls the premises.

Question 27

Does a landowner owe a duty to discovered trespassers?

Answer 27

Yes.

Question 28

Does a landowner owe a duty to anticipated trespassers?

Answer 28

Yes.

Question 29

What kind of duty does a landowner owe when conditions on his land create a danger to those off the premises?

Answer 29

A duty to passersby to take reasonable precautions.

Question 30

Of what must a landowner inform an anticipated trespasser?

Answer 30

Any highly dangerous conditions known to the landowner.

Question 31

When a medical provider was negligent before or during a plaintiff’s pregnancy, the plaintiff may be able to collect what kind of damages in a wrongful birth suit?

Answer 31

Damages for additional medical expenses.

Question 32

When might an invitee lose her status as an invitee?

Answer 32

When she exceeds the scope of the invitation.

Question 33

A lessor who voluntarily decides to make repairs to the premises his liable for any damages he causes if . . .

Answer 33

he is negligent in performing the repairs.

Question 34

What duty of care does a driver owe to a passenger?

Answer 34

An duty of ordinary care.

Question 35

When does a rescuee owe a duty of care to her rescuer?

Answer 35

When she negligently put herself or a third party in harm’s way.

Question 36

When does one have an affirmative duty to act or assist another?

Answer 36

When the person puts the other in peril by her *innocent conduct.

Question 37

A enters onto the land of B with B’s permission to conduct business with B. Is a licensee or lessee?

Answer 37

Licensee

Question 38

What determines whether a child will be treated as an adult in civil litigation?

Answer 38

Whether the child was involved in an adult activity.

Question 39

What kind of duty does a landowner owe to a licensee operating on that person’s land?

Answer 39

To warn the licensee or make safe a dangerous condition known to him which creates an unreasonable risk of harm to the licensee and that the licensee is unlikely to discover.

Question 40

What is a violation of a statute requiring non-negligent conduct?

Answer 40

Negligence per se.

Question 41

In order to successfully claim negligence per se, the plaintiff must show what?

Answer 41

1) that the plaintiff was among the class of individuals intended to be protected by the statute; and 2) the violation was within the class of risk intended to be protected against by the statute.

Question 42

One who acts for the benefit of another has what kind of duty?

Answer 42

A duty to continue the assistance.

Question 43

What kind of duty does a landowner owe to an invitee?

Answer 43

To make reasonable inspections of their land.

Question 44

A plaintiff can make a claim of intentional infliction of emotional distress from the threat of physical impact to her if what?

Answer 44

If the plaintiff is within the zone of danger from the defendant’s conduct.

Question 45

Does a statutory standard of care require a provision creating a civil penalty in order to apply to a negligence case?

Answer 45

No.

Question 46

When may a direct verdict be granted by a judge?

Answer 46

When there is no triable issue of law or fact.

Question 47

When the extent or severity of harm to the plaintiff is unforeseeable, the defendant is liable for what?

Answer 47

For all the aggravation of an existing physical or mental illness. This is known as the eggshell plaintiff doctrine.

Question 48

What theory of proving negligence liability establishes a prima facie case of negligence?

Answer 48

Res ipsa loquitor.

Question 49

The “but for” test for establishing actual cause applies to what kind of causes?

Answer 49

Concurrent.

Question 50

In a partial comparative negligence jurisdiction, can the plaintiff be barred from recovery? If so, when?

Answer 50

Yes; if the plaintiff’s negligence was greater than 50 percent.

Question 51

Under the last clear chance doctrine, the defendant must have been able to avoid harming the plaintiff . . .

Answer 51

at the time of the incident.

Question 52

Can a plaintiff in a negligence claim recover damages for future harm?

Answer 52

Yes

Question 53

The concept of imputed contributory negligence allows what?

Answer 53

A defendant to use the contributory negligence of a third party as a defense against the plaintiff when the plaintiff and the third party stand in a particular relationship, such as an employer-employee relationship.

Question 54

Plaintiff is hurt by the defendant’s actions. The plaintiff chooses not to take steps to treat their injuries, and as a result, the injuries get worse. The defendant can claim what as a defense?

Answer 54

Doctrine of avoidable consequences.

Question 55

What are nominal damages?

Answer 55

Damages awarded simply because a legal wrong has taken place. These are usually $1.

Question 56

Can nominal damages be awarded in negligence?

Answer 56

No, because negligence is only a viable claim when there has been actual damage, and actual damage justifies the replacing of nominal damages with actual damages.

Question 57

If a plaintiff fails to mitigate their damages, what is the likely result?

Answer 57

A reduced damage award.

Question 58

What must a defendant prove in order to claim implied assumption of risk by the plaintiff?

Answer 58

That the plaintiff 1) know of the risk; and 2) voluntarily proceeded in the face of the risk.

Question 59

When there are several defendants in a partial comparative negligence jurisdiction, the plaintiff’s negligence is calculated how?

Answer 59

The plaintiff’s negligence is compared to the total negligence of all the defendants combined.

Question 60

What is the Collateral Source Rule?

Answer 60

A plaintiff’s damages are not considered as being mitigated by the plaintiff’s receipt of money from outside sources under the collateral source rule.

Question 61

What is an example of prospective damages?

Answer 61

Compensation for impaired future earnings capacity.

Question 62

May a plaintiff recover damages for unproven damages in negligence?

Answer 62

No. A plaintiff must show actual damage in negligence.

Question 63

Most comparative negligence jurisdictions have abolished what as a separate defense?

Answer 63

The implied assumption of risk.

Question 64

What does the doctrine of imputed contributory negligence require?

Answer 64

A special relationship between the plaintiff and a third party.

Question 65

Negligence per se usually leads to what by the defendant?

Answer 65

A motion for a direct verdict.

Question 66

A motion for a directed verdict will not be granted if . . .

Answer 66

there is any triable issue of fact regarding the four elements of negligence.

Question 67

In negligence, if an intervening force is ______________, it will not cut off the defendant’s liability for the negligent conduct.

Answer 67

foreseeable

Question 68

What is the general test for establishing proximate cause in negligence?

Answer 68

Was the harm caused within the risk created by the defendant’s conduct?

Question 69

When is the alternative causes approach applied to find cause in fact?

Answer 69

When several acts could have caused the plaintiff’s harm, but it is not known which act actually caused the plaintiff’s harm.

Question 70

What is the substantial factor test for cause in fact?

Answer 70

When several causes are present, and any one of them by itself is sufficient to cause the harm.

Question 71

When is the “but for” test used to determine cause in fact?

Answer 71

When there are several acts which, when combined, were sufficient to cause injury to the plaintiff.

Question 72

What are the three tests used for determining cause in fact?

Answer 72

but for test; substantial factor test; alternative causes test.

Question 73

If there is any triable issue of _________, a motion for a directed verdict must be denied.

Answer 73

fact

Question 74

Res ipsa is a theory of proving ___________.

Answer 74

negligence

Question 75

What does res ipsa loquitor create?

Answer 75

a prima facie case of negligence for the plaintiff.

Question 76

A duty to control the conduct of a third party arises when:

Answer 76

1) one has the authority and ability to control the conduct of the third party; and 2) one knows or has reason to know of the need to exercise such control.

Question 77

Battery —

Answer 77

the intentional causing of contact to the person of another which is harmful or offensive to a reasonable person.

Question 78

Assault —

Answer 78

the intentional causing of a reasonable fear or apprehension of an impending physical contact.

Question 79

False Imprisonment —

Answer 79

intent to confine to a bounded space.

Question 80

Intentional Infliction of Emotional Distress —

Answer 80

an intentional or reckless act which is extreme or outrageous and which causes severe emotional distress.

Question 81

Trespass to Land —

Answer 81

the intentional physical invasion of another’s real property.

Question 82

Trespass to Chattels —

Answer 82

the intentional interfering with another’s right of possession in a chattel which causes damage.

Question 83

Conversion —

Answer 83

the intentional interference with another’s right of possession in a chattel.

Question 84

What kind of tort is nuisance?

Answer 84

It is not a tort. Nuisance is a type of harm caused by tortious conduct.

Question 85

Intent —

Answer 85

a person acts with intent if it was their purpose to bring about the consequence, or if they were substantially certain of the consequences.

Baseball bat example: the batter was substantially certain of the consequences of throwing the bat into the stands.

Question 86

When are a plaintiff’s super-sensitivities taken into consideration in intentional tort?

Answer 86

Only when the defendant knew of them before committing the tort.

Question 87

What are the two ways intent can be transferred under the transferred intent doctrine?

Answer 87

1) from intended to actual tort; and 2) from intended victim to actual victim.

Question 88

In battery, a contact must be offensive; i.e. ____________.

Answer 88

unpermitted

Question 89

In assault, the apprehension by the plaintiff must have been what?

Answer 89

reasonable.

Question 90

What creates a reasonable apprehension of physical contact in regards to assault?

Answer 90

apparent ability

Question 91

Homer makes a statement about how he is going to hurt someone if they do not do something. He makes no conduct with the speech. Is there an assault?

Answer 91

No, words without conduct are not enough to constitute assault.

Question 92

For false imprisonment, inaction by the defendant is sufficient if . . .

Answer 92

there was an understanding that the defendant would act.

Question 93

A mere ______________ is not enough to claim false imprisonment.

Answer 93

inconvenience

Question 94

An area is not bounded for purposes of false imprisonment if . . .

Answer 94

there is a reasonable means of escape of which the plaintiff is aware.

Question 95

When the facts of a case do not support a finding of any other tort, you should try what tort?

Answer 95

Intentional infliction of emotional distress.

Question 96

When there is some damage to another’s property, the most appropriate tort to sue on is . . .

Answer 96

trespass to chattels

Question 97

When there is a lot of damage to another’s property, the most appropriate tort to sue on is . . .

Answer 97

conversion

Question 98

What are the two kinds of consent?

Answer 98

Implied; express

Question 99

Is custom a defense to tort if the plaintiff was not aware of the custom?

Answer 99

Yes.

Question 100

Before deadly force is used, courts usually require a plaintiff to . . .

Answer 100

attempt to retreat.

Question 101

When does a plaintiff not need to attempt to retreat before using deadly force?

Answer 101

When the plaintiff is in their own home.

Question 102

Does deadly force mean that one has actually killed the perpetrator?

Answer 102

No.

Question 103

When is using reasonable force allowed to gain back one’s property?

Answer 103

When you are in hot pursuit.

Question 104

To what kinds of torts does the defense of necessity apply?

Answer 104

Intentional torts against property.

Question 105

What are the forms of the defense of necessity?

Answer 105

Public necessity; private necessity

Question 106

When someone destroys property in order to protect oneself or a small group of people, this is called what?

Answer 106

Private necessity.

Question 107

In private necessity, must the defendant pay damages?

Answer 107

Yes, for the value of the things destroyed.

Question 108

To whom does a defendant owe a duty of care in negligence?

Answer 108

To all foreseeable victims.

Question 109

What is the general standard of care for negligence?

Answer 109

You must exercise the amount of care that would be taken by a reasonably prudent person under the same or similar circumstances.

Question 110

What kind of duty is owed to an undiscovered trespasser?

Answer 110

None.

Question 111

What kind of duty is owed to discovered trespassers in regards to activities taking place on one’s land?

Answer 111

A duty of reasonable care.

Question 112

What kind of duty is owed to discovered trespassers in regards to conditions on one’s land?

Answer 112

You have a duty to inform a discovered trespasser of “manmade deathtraps.”

Question 113

What kind of duty is owed to a licensee with regard to conditions on one’s land?

Answer 113

You owe a duty to notify the licensee of all concealed conditions known to the owner or occupier.

Question 114

What kind of duty is owed to invitees on one’s land?

Answer 114

You owe a duty to inspect the land; i.e. reasonable care.

Question 115

How can a landowner or occupier avoid liability for a static condition on their land which poses a risk of harm?

Answer 115

Repairing the condition or giving a warning.

Question 116

Will a defendant be liable for a trespasser which is harmed by an obvious and open condition on the landowner’s land?

Answer 116

No.

Question 117

What is the purpose of the negligence per se doctrine?

Answer 117

To prove breach of a duty by a defendant.

Question 118

What are the exceptions to the negligence per se rule?

Answer 118

1) where compliance is more dangerous than violating the statute; and 2) where compliance is physically impossible, the defendant will not be held liable.

Question 119

When is there an affirmative duty to rescue?

Answer 119

1) where the rescuer put the rescuee in peril; 2) where the rescuer is in a special relationship with the rescuee; and 3) where the rescuer has a duty to control the actions of a third party.

Question 120

When does a defendant owe a plaintiff a duty to not hurt the plaintiff’s feelings; i.e. to not cause negligent infliction of emotional distress?

Answer 120

1) where the plaintiff is within the zone of danger (the “near-miss” exception); and 2) where the plaintiff is at the scene of the accident and the victim of the defendant’s negligence is a close family member of the plaintiff.

Question 121

What is the purpose of the res ipsa loquitor doctrine?

Answer 121

To prove a breach of a duty of care. It is not a tort in and of itself.

Question 122

What are the requirements for claiming res ipsa loquitor in proving a breach of a duty of care?

Answer 122

1) the event is one that does not ordinarily occur in the absence of negligence; and 2) any negligence is attributable to the defendant.

Question 123

What are the alternative tests for establishing cause in fact?

Answer 123

1) substantial factor test; and 2) burden shifting test.

Question 124

Where there is a foreseeable intervening cause and a foreseeable result, who wins?

Answer 124

The plaintiff, because the defendant could foresee both the intervening cause of the harm and the result.

Question 125

Where there is a foreseeable intervening cause and an unforeseeable result, who wins?

Answer 125

It is uncertain.

Question 126

Where there is an unforeseeable intervening cause and a foreseeable result, who wins?

Answer 126

It is uncertain.

Question 127

Where there is an unforeseeable intervening cause and an unforeseeable result, who wins?

Answer 127

The defendant.

Question 128

If a defendant negligently causes harm to the victim, and the victim is later taken to hospital where the doctor improperly treats the patient, is the defendant liable for the victim’s injuries including the injuries from the doctor?

Answer 128

Yes—subsequent medical malpractice is one of four categories of actions which are always considered foreseeable intervening causes in indirect causation problems.

Question 129

If a defendant hits a pedestrian with her car, and while trying to rescue the victim, causes even more harm to her, is the defendant liable for the additional harm to the victim? Does it change the answer if it was a third party that tried to rescue the victim?

Answer 129

Yes; no. The defendant will be liable either way because negligent rescue is one of four categories of action which are considered as always being foreseeable intervening causes.

Question 130

A defendant causes a stampede at a local concert. The victim is trampled by many people as a result. Is the defendant liable?

Answer 130

Yes. Reaction forces are always considered a foreseeable intervening cause.

Question 131

A defendant injures a victim. While the victim is in the hospital, he contracts a dangerous virus and suffers great pain as a result. Is the defendant liable for the additional pain and suffering?

Answer 131

Yes. Subsequent illnesses or accidents are a foreseeable intervening cause which does not cut off defendant liability.

Question 132

What are the four categories of intervening causes that almost never cut off defendant liability?

Answer 132

Subsequent medical malpractice; crowd response; negligent rescue; subsequent illnesses or accidents.

Question 133

There are several categories of intervening causes that, when the defendant anticipates them, the defendant will be liable for. These include:

Answer 133

acts of god; negligent third party conduct; and criminal conduct. Where these are not anticipated by the defendant, the defendant will not be liable.

Question 134

What are the elements of a personal injury award of damages?

Answer 134

1) past and future medical expenses; 2) past and future lost income; and 3) pain and suffering.

Question 135

What are the main defenses to negligence that either absolve or reduce the defendant’s liability?

Answer 135

Contributory negligence; assumption of the risk; and comparative negligence.

Question 136

Contributory Negligence —

Answer 136

where a plaintiff is contributorily negligent, he loses the entire lawsuit.

Question 137

Express Assumption of Risk —

Answer 137

the plaintiff expresses their willingness to take a chance.

Question 138

Implied Assumption of Risk —

Answer 138

1) the plaintiff knew of the risk; and 2) voluntarily encountered the risk.

Question 139

What destroys the voluntariness of a plaintiff’s implied assumption of risk?

Answer 139

The absence of an alternative or the occurrence of an emergency.

Question 140

What kind of damages can a plaintiff get if they are impliedly assuming the risk of something?

Answer 140

None. Implied assumption of risk bars recovery of damages assuming there is an alternative and no emergency.

Question 141

When is a defendant strictly liable for the acts of a domesticated animal which causes harm?

Answer 141

Only when the defendant knows of a dangerous propensity of the animal prior to the act occurring.

Question 142

What are the elements of an abnormally dangerous activity?

Answer 142

1) the activity is incapable of being performed without a high level of risk; 2) if harm occurs, it is severe; and 3) the activity is uncommon in its location.

Question 143

What are the two theories of liability in regards to products?

Answer 143

Strict liability; negligence.

Question 144

To establish a prima facie case of products strict liability, the plaintiff must establish:

Answer 144

1) the defendant was a merchant seller; 2) the product was defective; 3) the product was defective when it left the merchant seller’s hands; and 4) the product was used in a *foreseeable manner.

Question 145

The plaintiff is looking to make a claim of negligent products liability. Who can he hold liable? Who can he not?

Answer 145

Because he is looking for negligent products liability, as opposed to strict products liability, he can only hold the manufacturer accountable. The wholesalers or retailers are not liable under a negligence theory of products liability.

Question 146

How might a defendant avoid liability for strict liability?

Answer 146

Adequate warnings.

Question 147

If a product is incidental to the performance of a service, is strict liability available to the plaintiff?

Answer 147

No. Strict liability is not available to the plaintiff if the product is incidental to the performance of a service.

Question 148

Under vicarious liability, employers are not held liable for what kinds of torts committed by their employees?

Answer 148

Intentional torts.

Question 149

When will employers be held liable for intentional torts of their employees?

Answer 149

when violence is part of the employee’s job.

Question 150

For an employer to be held liable for an employee’s tort, the tort must ________________________.

Answer 150

be within the scope of their employment.

Question 151

Does vicarious liability generally extend to independent contractors?

Answer 151

No

Question 152

When might an employer be held liable for the tortious acts of an independent contractor?

Answer 152

1) when the IC is engaged in an abnormally dangerous activity; or 2) when it is against public policy not to hold the IC liable.

Question 153

Are owners of vehicles liable for the tortious acts of those to whom the owner loaned their car?

Answer 153

Generally, no.

Question 154

How might an owner of a car be held liable for the tortious acts of someone to whom the owner loaned their car?

Answer 154

When the driver is running an errand for the owner of the vehicle.

Question 155

When are parents vicariously liable for the acts of their children?

Answer 155

Never.

Question 156

Under joint and several liability, how are the damages divided amongst the defendant?

Answer 156

Each defendant is wholly liable for the entire damage.

Question 157

When does joint and several liability apply?

Answer 157

When the defendants are 1) acting in concert; and 2) when the defendants contribute to an indivisible harm.

Question 158

Defamation —

Answer 158

a defamatory statement about or concerning the plaintiff which is published and causes damages to the plaintiff.

Question 159

For a statement to be defamatory, it must . . .

Answer 159

injure the reputation of the plaintiff.

Question 160

For a statement to be published, it must . . .

Answer 160

1) be communicated to a third party; 2) the third party must be capable of understanding it; and 3) the publication must be at least negligent, if not intentional.

Question 161

For a plaintiff to recover in an action for slander, the plaintiff must show what?

Answer 161

Special damages; i.e. economic loss associated with the statement.

Question 162

For a plaintiff to recover in an action for libel, the plaintiff must show what regarding damages?

Answer 162

Nothing. For libel, juries presume there has been harm to the plaintiff by virtue of the statement’s being published via writing.

Question 163

Slander per se results in a jury . . .

Answer 163

presuming damages have been suffered by the plaintiff.

Question 164

What are the traditional categories of slander per se?

Answer 164

Impugning one’s profession; accusing someone of a serious crime; implying that one has a loathsome disease; and imputing unchastity to someone.

Question 165

To what/whom does the absolute privilege against defamation apply?

Answer 165

Judicial proceedings; legislative proceedings; actions of executive branch officials within the scope of their duties; and communications between spouses.

Question 166

What is the qualified privilege against liability for defamation?

Answer 166

Where the plaintiff requests your input or a statement regarding their character, you may say what you wish. However, if you abuse it by making patently false statements, you will lose the privilege and are subject to suit for defamation.

Question 167

In order to prove defamation on a matter of public concern, what must the plaintiff show?

Answer 167

1) that the statement was false; and 2) the requisite level of fault for the person alleging defamation.

Question 168

Who is a “public person” for purposes of defamation?

Answer 168

A governmental official or a celebrity.

Question 169

For a public person to prove defamation, they must prove:

Answer 169

actual malice.

Question 170

Actual malice is . . .

Answer 170

1) knowledge of a statement’s being false; or 2) reckless disregard for the truth.

Question 171

To prove defamation, a private person must show:

Answer 171

1) falsity of the statement; and 2) at least negligence.

Question 172

Where a defendant is speaking on a matter of public concern, the plaintiff must prove ______________ regardless of whether the plaintiff is a public person or a private individual in order to recover presumed or punitive damages.

Answer 172

actual malice

Question 173

What are the four types of invasion of privacy?

Answer 173

Appropriation; intrusion; false light publicity; and public disclosure of private facts.

Question 174

Appropriation —

Answer 174

use of the plaintiff’s name or picture for commercial advantage without the plaintiff’s permission.

Question 175

Intrusion —

Answer 175

interference with a person’s seclusion in a way that would be highly offensive to a reasonable person.

Question 176

False Light Publicity —

Answer 176

the widespread dissemination of information that is in some way inaccurate and that would be highly offensive to a reasonable person.

Question 177

Public Disclosure of Private Facts —

Answer 177

the widespread dissemination of factually accurate information that would normally be confidential, and the disclosure of which would be highly offensive to a reasonable person.

Question 178

What is a defense to false light publicity or public disclosure claims?

Answer 178

Consent

Question 179

Fraud —

Answer 179

an affirmative misrepresentation made with intent to induce actual and justifiable reliance on the misrepresentation which causes damages.

Question 180

Intentional Interference with Business Relations —

Answer 180

the intentional performing of an act which causes a third person to breach an existing contract with the plaintiff.

Question 181

Interference with Contractual Relations —

Answer 181

the intentional interference with a plaintiff’s contractual relations which makes the performance of such contract more difficult, even if the interference does not cause a breach.

Question 182

Interference with Prospective Economic Advantage —

Answer 182

the intentional interference with a plaintiff’s expectation of an economic benefit from a third person, even in the absence of a contract.

Question 183

Private Nuisance —

Answer 183

conduct which causes a substantial and unreasonable interference with the use and enjoyment of land.

Question 184

Public Nuisance —

Answer 184

conduct which causes physical or moral harm to the public in general.

Question 185

When can a private plaintiff bring a public nuisance suit?

Answer 185

When the plaintiff suffers an injury different in nature from the rest of the community.

Question 186

Does the shopkeeper privilege require that the defendant notify the police of the alleged shoplifter?

Answer 186

No. It is not required that the police be notified.

Question 187

Social guests of landowners are considered what for the purposes of trespass and duties owed to them?

Answer 187

Licensees. Social guests are considered licensees for the purpose of duties owed to them.

Question 188

A landowner owes what kind of duty to a guest; i.e. licensee?

Answer 188

To warn of all concealed dangerous conditions of which the landowner is aware.

Question 189

Invitee —

Answer 189

a person who enters onto the premises in response to an express or implied invitation of the landowner.

Question 190

Is a person who enters onto land as a member of the public for a purpose for which the land is open a licensee or an invitee?

Answer 190

An invitee.

Question 191

The majority approach in negligent infliction of emotional distress cases requires the bystander to an accident and who sues for NIED to be what?

Answer 191

A close relative of the victim.

Question 192

What kind of duty does a person have once they have begun to assist someone?

Answer 192

A duty of reasonable care.

Question 193

If a person chooses to assist someone, and is then negilgent in their assistance, does the rescuee have a cause of action against the negligent rescuer?

Answer 193

Yes. Those who freely choose to assist someone have a continuing duty to assist, as well as a duty of reasonable care; i.e. to act as a reasonable person would. Where the rescuer is negligent in their assistance to the rescuee, the rescuee has a cause of action against the negligent rescuer.

Question 194

A makes a defamatory statement about B to C. C does not believe the statement, because B had previously revealed the truth of the matter to C. Can B recover for defamation?

Answer 194

Yes. As long as a defamatory statement is understood in its defamatory sense, the statement need not be believed to be actionable.

Question 195

What might cause a victim of defamation to receive a decreased damage award in a suit for defamation?

Answer 195

Where the defamatory statement was published to a party who knew the statement was false when it was published and understood the statement to be defamatory.

Question 196

In battery, what must the defendant intend to do?

Answer 196

Bring about a harmful or offensive contact.

Question 197

The defense of self-defense has both a ______________ and a _______________ component.

Answer 197

Objective; subjective.

Question 198

The objective component of the defense of self-defense requires that . . .

Answer 198

a reasonable person in the same circumstances would have acted similarly.

Question 199

The Firefighter Rule —

Answer 199

firefighters and police officers may be barred from recovering for injuries caused by the risks of a rescue.

Question 200

The Attractive Nuisance Doctrine —

Answer 200

a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children.

Question 201

What must a plaintiff show in order to successfully hold a defendant liable for damages under the attractive nuisance doctrine?

Answer 201

1) there is a dangerous condition present on the land of which the owner is or should be aware, 2) the owner knows or should know that young persons frequent the vicinity of this dangerous condition, 3) the condition is likely to cause injury, i.e., is dangerous, because of the child’s inability to appreciate the risk, and 4) the expense of remedying the situation is slight compared with the magnitude of the risk.

Question 202

May criminal statutes be used to establish a duty of care under the doctrine of negligence per se?

Answer 202

Yes. Any statute, whether criminal or civil may be used to establish a duty of care under the doctrine of negligence per se.

Question 203

Must a plaintiff show physical symptoms of emotional distress in order to meet the requirements for a showing of intentional infliction of emotional distress?

Answer 203

No. However, evidence of severe emotional distress must be shown.

Question 204

Before a defendant uses reasonable force in self-defense, must the defendant attempt a retreat?

Answer 204

No. Courts only require that a plaintiff attempt a retreat before they use deadly force in self-defense.

Question 205

What kind of necessity must a defendant have in order to successfully claim the defense of self-defense?

Answer 205

Apparent necessity. The defendant need not have had an actual necessity to use self-defense. They only need to have had a reasonable belief that they had to defend themselves.

Question 206

The circumstantial evidence doctrine of res ipsa loquitor does NOT . . .

Answer 206

1) establish a presumption of negligence on the part of the defendant; 2) result in a directed verdict for the plaintiff; nor 3) shift the burden of proof to the defendant. Literally the only thing RIL does is establish a prima facie case of negligence.

Question 207

Dependent Intervening Force —

Answer 207

a normal response or reaction to an act of negligence. These are almost always foreseeable because of their being normal responses.

Question 208

In a negligence action, a plaintiff cannot recover what kind of damages?

Answer 208

Presumed damages. Negligence requires actual damages.

Question 209

Presumed damages are not the same as _____________ damages.

Answer 209

future

Question 210

A product causes harm to A. Upon research, A finds that the object meets all government standards required of it. May A still bring an action against the manufacturer of the object?

Answer 210

Yes, A can bring a defective product action. A product can be within all government standards and nonetheless be held defective.

Question 211

In a strict liability action based in products liability, what kind of damages can a plaintiff claim?

Answer 211

Personal injury; property damages.

Question 212

What must be shown for a qualified privilege to apply for defamatory statements?

Answer 212

The statement must be reasonably relevant to the interest being protected.

Question 213

For a plaintiff to sue on a theory of an abnormally dangerous activity, must the plaintiff’s harm be a direct result of the dangerous activity?

Answer 213

No. A plaintiff need only show that they were harmed as a result of a dangerous propensity of the activity.

Question 214

The right of contribution does not apply to . . .

Answer 214

those who are immune from liability.

Question 215

For purposes of private nuisance, the interference with the plaintiff’s use of the land is unreasonable only if:

Answer 215

The severity of the plaintiff’s inflicted injury outweighs the utility of the defendant’s conduct.

Question 216

Indirect Cause —

Answer 216

Where a force comes into motion after the defendant’s negligent act and combines with that act to cause injury to the plaintiff.

Question 217

The Last Clear Chance Doctrine —

Answer 217

the person with the last clear chance to avoid an accident who fails to do so is liable for negligence. The doctrine permits the plaintiff to recover despite his own negligence.

Question 218

When will the plaintiff raise the doctrine of last clear chance?

Answer 218

In response to a defendant’s defense of the plaintiff’s contributory negligence.

Question 219

Under these circumstances, a court will usually not allow a plaintiff to claim res ipsa loquitor in order to show a breach of a duty:

Answer 219

where there is more than one defendant in control of the instrument which caused the damage.

Question 220

In assault, must the plaintiff be aware of the source of the impending contact?

Answer 220

No.

Question 221

Pure Comparative Negligence —

Answer 221

the plaintiff can be 99 percent at fault and still recover from the defendant. The plaintiff’s award is reduced by the percentage of the plaintiff’s fault.

Question 222

Modified Comparative Negligence —

Answer 222

the plaintiff cannot recover if he was more than 50 percent at fault.

Question 223

Nominal damages are sufficient for what kind of torts?

Answer 223

Intentional torts.

Question 224

Must you show actual damage in intentional tort?

Answer 224

Yes, but not for all of them.

Question 225

In an action for conversion, must a person intend to destroy the owner’s property?

Answer 225

No. For conversion, as with all other intentional torts, the defendant does not need to have the specific intent to destroy the property. Rather, the defendant need only have the intent to do the thing which causes the conversion.

Question 226

Contributory negligence on the part of a plaintiff is usually a defense to negligence UNLESS what?

Answer 226

the defendant’s actions were wanton and reckless. Contributory negligence on the part of the plaintiff will not negate a defendant’s liability if the defendant acted with wantonly and recklessly.

Question 227

In joint and several liability, for how much is each defendant liable?

Answer 227

For the entire damage done by all the defendants.

Question 228

To prove negligence design defect, a plaintiff must show what?

Answer 228

That those designing the product knew or should have known of enough facts to put a reasonable manufacturer on notice about the dangers of marketing the product as designed.

Question 229

When is negligent product design not shown?

Answer 229

When the danger of the product becomes apparent only after the product reaches the public; i.e. if no one has suffered this harm yet, then there is no notice to the manufacturer which would put them on notice about the dangers of marketing the product as designed.

Question 230

When might an insufficient warning of danger be considered a product defect for the purposes of strict products liability?

Answer 230

Where a product presents an unreasonable risk of injury to users and bystanders.

Question 231

Can a manufacturer be held strictly liable for product defects made by a subcontractor?

Answer 231

Yes. Manufacturers are held strictly liable under a products liability theory for injuries caused by a defect, even when the defect was made by a subcontractor.

Question 232

May a plaintiff recover from a performer of an abnormally dangerous activity even if the plaintiff is not injured by the activity’s dangerous propensity?

Answer 232

No. A plaintiff must show that they were harmed by the dangerous propensity of the abnormally dangerous activity.

Question 233

Consent to appropriation of one’s likeness must be _______________.

Answer 233

specific. There is no implied consent to one’s likeness being appropriated for commercial purposes.

Question 234

What intentional torts require showing actual damages?

Answer 234

IIED; conversion; trespass to chattels.

Question 235

What kind of duty does a doctor have in regards to his patient under negligence?

Answer 235

A duty to disclose all material risks to the patient; i.e. all risks that a reasonable person would want to know.

Question 236

A person enters onto the land of another out of private necessity. May the landowner forcibly remove the trespasser from his property?

Answer 236

No. A landowner cannot forcibly remove a person who is trespassing on their land out of private necessity.

Question 237

What is the remedy for trespass to chattels?

Answer 237

Loss of use or the cost of repairs to the damaged property.

Question 238

A plaintiff may avoid having a direct verdict issued against them if he can show what?

Answer 238

Duty and breach. A defendant’s motion for a directed verdict will be denied if the plaintiff shows both a duty and a breach of that duty.

Question 239

What does a Good Samaritan law do?

Answer 239

It absolves emergency personnel from liability for ordinary negligence they might make during the course of voluntarily assisting someone in need of help.

Question 240

Does breaking a statute create a rebuttable presumption of negligence?

Answer 240

No. It creates negligence per se.

Question 241

What is the difference between causation in negligence and causation in intentional tort?

Answer 241

Causation in negligence is found where there is direct and proximate cause. Causation in intentional tort is found where the defendant’s conduct is a substantial factor in bringing about the injury.

Question 242

What are the types of intent in intentional tort?

Answer 242

General or specific.

Question 243

Depending on the circumstances, strict liability may be imposed on the owners of what type of animals?

Answer 243

Wild animals, domestic animals, and trespassing animals

Question 244

Is whether an activity is an abnormally dangerous activity a decision for the jury to make?

Answer 244

No

Question 245

Is a domestic animal the same as a pet?

Answer 245

No

Question 246

Will the owner of a wild animal that is kept as a pet be held strictly liable for the damage is causes?

Answer 246

Yes

Question 247

The owner of a wild animal will be held strictly liable for the injuries caused by the animal so long as . . .

Answer 247

the plaintiff did nothing, voluntarily or consciously, to bring about the injury.

Question 248

Farm animals are what kind of animals for liability purposes?

Answer 248

Domestic animals. The owner of a domestic animal, including a farm animal, is not strictly liable for injuries it causes, as long as the owner has no knowledge that the animal has abnormally dangerous propensities (i.e., propensities more dangerous than normal for that species).