Torts (from missed questions) Flashcards
All statements made by a judge, jurors, counsel, witnesses, or parties in judicial proceedings are absolutely privileged
Invasion of privacy in a false light
1) publication of facts about a plaintiff by D placing P in a false light in the public eye and 2) the false light must be highly offensive to a reasonable person under the circumstances
Slander Per Se
damages are presumed
Trespass
Intent to bring about a physical invasion of the land
Licensee
enters into land with owner’s permission/business other than for the owner’s benefit:
1) has a duty to warn of dangerous conditions known to the owner that creates an unreasonable risk of harm that the licensee is unlikely to discover
When a Bailment
is for the sole benefit of the bailee, the bailor has a duty to inform the bailee of known dangerous defects
IIED
Non-outrageous conduct is not actionable under this unless:
1) D is an innkeeper, common carrier, or in a position of authority or
2) P is a part of a particularly susceptible group
Consent is negated when:
1) D’s conduct exceeds the scope of consent, P lacked capacity to consent, or it was gained through duress or fraud
Collateral Source Rule
Fact that P is getting compensated from a 3rd party source does not alleviate D’s obligation to pay nor is such evidence admissible at trial
Defenses to a strict products liability claim
1) Unforeseeable user (misuse, alteration, modification)
2) Assumption of Risk
3) Product changed significantly after it left D’s control
Indemnification
available to one who is not an active wrongdoer against the one who is primarily responsible for the harm (cases in vicarious liability/master-servant relationship)
Contribution
available among joint tortfeasors no matter what their relative degrees of fault are –> if one joint tortfeasor pays more than his pro rata share of the judgment, he has a right to contribution against the other joint tortfeasor
A landowner is required to act to protect an invitee where there is reason to believe that the conduct of 3rd persons will endanger the invitee
Expert Testimony is required
to show shortened life expectance and probability of future pain and suffering
Libel Per Se
defamatory meaning is present on the face of publication without special knowledge
Libel Per Quad
Statement which is not libelous on its face but is libelous only when combined with knowledge possessed by some persons to whom communication is published
Defamation by publication or spoken words
need only be read and understood by @ least one other person (does not have to believe the statement to be true)
Cannot defame a dead peraon
A statement directed to a group/class of persons can be of or concerning a particular person only if the group or class is small enough for the statement to be reasonably understood as referring to the P who is a member of the group
Conditional Privilege/Defense in a defamation case:
A person responding to a legitimate inquiry regarding an employee has a conditional privilege to make a statement concerning the employee’s abilities and character even if the statement is not true so long as the D reasonably believes the statement to be true
The appropriation of name/likeness of another with consent is:
invasion of privacy –> property right passes to the heirs of the person whose name/likeness is sought to be used but can’t be brought if the person has been dead for a reasonable time
