Torts

Question 1

Man fell from ladder, decides to get up and go driving. Testimony establishes that he wouldnt had been paralyzed had he treated original injury

Answer 1

Damages should be reduced because of comparative negligence.

Question 2

D hires tree guy to cut down the tree, he fails to do so, Kid climbs tree and then falls all the way down. can homeown sue?

Answer 2

can sue for all
duty from the tree person.
childs parents have duty because most jurisdictions impose vicarious liability where: (1) the parent entrusts the child with a dangerous instrumentality; (2) the child engages in tortious conduct while acting as a servant or agent of the parent; (3) the parent knows of the child’s wrongdoing and consents to it; or (4) the parent fails to exercise proper control over his child. Here, the facts indicate that the girl’s parents failed to exercise proper control over her, by failing to forbid her, or prevent her, from climbing high in the oak tree.

Question 3

Hubcap

Answer 3

She should have known hubcap would come off.

Question 4

Kid wanders chasing butterfly falls inside huge hole created by businessman

Answer 4

Liability if businessman knew how young children entered his land before and were likely to be injjured.

not necessary for child trespasswer to be attracted onto the propery

Question 5

unkown attractie nuisance doctrine

Answer 5

only forseeablity passing children and where he knows or reasonably knows of dangerous articficial conditions on land.

Question 6

insurance payment for liability in negligence claim

Answer 6

doesnt matter

Question 7

bumping into P who then falls and breaks ancle because of other Ds negligence

Answer 7

Joint and several liability

Question 8

bicycle hit someone, and as they were laying, another person fell on top of them

Answer 8

Joint and several liability.

Question 9

Negligent rescue ?

Answer 9

DOesnt matter, hold D accountable.

Question 10

For defamation, when is malice needed?

Answer 10

Only when public figure, or where there is a qualified privilege

Question 11

U.S. representative stated on record that his friend was cheating on his wife. Can he be sued for demamation

Answer 11

No, not liable for legislature hearings. whether it is made in scope of relevance of meeting doesnt matter.

Question 12

newsworthyness of stating, “there are poor people in this area and posting picture of the family.”

Answer 12

not newsworthy, this is a private matter and they could have wrote the article without posting about the family.