Torts

Question 1

Situations where you can be indemnified

Answer 1

1. K promise to I 2. VicLib 3. Supp in SPL - up the chain 4. Intent Tortf (can’t seek contribution) 5. Multiple TFs Claim for indemnification is a secondary action based on findings in the first

Question 2

Trespass to Land

Answer 2

ICE or F2L

Question 3

IIED

Answer 3

E O C (Rise up if: Contin, Inn, PECSS know by ∆) I or R C SEH (objective, go to doc)

Question 4

FI

Answer 4

All Ogres Confine/Restrain Princesses in a Bounded Area + F2P escape when duty MP, FT not enough

Question 5

Recapture of Chattels

Answer 5

PA + RF + no DF F not R unless ask 1st On land: Ask 1st, if no then R T+ M If had peacefully: no F

Question 6

Duty - Public 4 Profit

Answer 6

Duty to protect others from actions of 3rdPs

Question 7

Duty - Foreseeable πs

Answer 7

Generally, in ZoD. (Palsgraf)

Question 8

Duty - Psychologist

Answer 8

BRR, SPV, IV, F2W

Question 9

Landlord Liability for Crimes on Premises

Answer 9

Traditional: no. Modern: RP to protect T against Foresee Crimes.

Question 10

NIED

Answer 10

FR ZOD PH (unless MC, FDR, SR)

Question 11

Bystander

Answer 11

CR P P or O SEH

Question 12

Neg Per Se + Exceptions

Answer 12

VoS CoP CoH AC/PC bc of VoS Exceptions: Comply Imp or more D

Question 13

Criminal Acts not superseding when

Answer 13

1. ∆ did or should AntiP 2. ∆ makes crime ML

Question 14

MD

Answer 14

Diff from IntD, Makes more D Proof: F2P as OrdCE

Question 15

DD

Answer 15

way to make safer, MP, sim $$

Question 16

F2W

Answer 16

F2W from danger obvi to manu/not obvi to OrdC Warn proportional to risk

Question 17

Defamation Privileges

Answer 17

Truth. ABS: ELJ CB BS QP: PER - PubInt/H, Employer phone call, Rep, Action Prop defense of

Question 18

Fraud

Answer 18

False statement of fact (mis)Representation Actually rely by π Understandable reliance by π Damages

Question 19

F2W or DD Test

Answer 19

FA: way to make safer without big impact on utility or $$

Question 20

Nusiance Remedies

Answer 20

DIA A by SH only if notice, RF only.

Question 21

Intro into Seclusion

Answer 21

HIP. HO2RP. Intrude or Pry.

Question 22

Commerical Misappropriation

Answer 22

UPCA Unauthorized Publication for Comm Advantage

Question 23

False Light

Answer 23

HAPP HO2RP Attribute Views or Actions. Public int, AM req’d. Publication

Question 24

Disclosure of Private Facts

Answer 24

HP, Disclose. Even if true.

Question 25

Defenses to SL Products

Answer 25

Contributory neg state: Assume risk: K + V Misuse - unreasonable. F2 Discover or guard against not defense

Question 26

Breach of Warranty Defenses

Answer 26

Ass of Risk Misuse - unreasonable F2 give notice of breach.

Question 27

Proximate Cause

Answer 27

AC - But For
PC - limitation on liability. Only liable for NPC.
IVF = SS when unforeseen.
Foreseen = Further neg.
Unforeseen, Superseding = CIA

If C = no cut off chain when 1) AntiP by ∆ or 2) Con -> ML

Question 28

Theories of Liability for P in tort (agency and other)

Answer 28

1. VicLib
2. Apparent Authority
3. Negligent hiring

Question 29

In scope of employment when?

Answer 29

1. expressly authorized
2. same general nature as the employee’s job and motivated by desire to serve employer