Torts - Cards I'm bad at 1

Question 1

Negligence Per Se

Answer 1

Negligence Per Se

Question 2

Intentional Infliction of Emotional Distress

Answer 2

intentional or reckless (2) extreme or outrageous conduct (3) causing severe emotional distress

Question 3

Bystander Intentional Infliction of Emotional Distress

Answer 3

(1) P present during injury (2) P closely related to injured (3) D should’ve known

Question 4

Negligent Infliction of Emotional Distress

Answer 4

(1) P in zone of danger and (2) must suffer physical symptoms

Question 5

Bystander Negligent Infliction of Emotional Distress

Answer 5

(1) P and injured are closely related (2) P was present at scene of injury and (3) P personally witnessed event

Question 6

Strict Liability

Answer 6

(1) absolute duty (2) causation (3) damages.

Question 7

Types of Product Defects

Answer 7

(1) Manufacturing (2) Design (3) Inadequate warnings

Question 8

Products Liability

Answer 8

5 Theories: (1) Intent (2) Negligence (3) Strict (4) Warranties and (5) Representation

Question 9

Intent Defective Product

Answer 9

intended to sell defective product

Question 10

Negligent Defective Product

Answer 10

commercial suppliers were negligent

Question 11

Strict Liability

Answer 11

(1) commercial supplier (2) produced/sold a defective product (3) causation (4) damages

Question 12

Warranty of Merchantability

Answer 12

(1) breach (2) causation (3) damages -> if goods fit for ordinary purpose

Question 13

Warranty of Fitness for a particular purpose

Answer 13

buy relies of seller’s skill (1) breach (2) causation (3) damages

Question 14

Representation

Answer 14

(1) express or (2) misrepresentation