Torts (from missed questions)

Question 1

All statements made by a judge, jurors, counsel, witnesses, or parties in judicial proceedings are absolutely privileged

Question 2

Invasion of privacy in a false light

Answer 2

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

Question 3

Slander Per Se

Answer 3

damages are presumed

Question 4

Trespass

Answer 4

Intent to bring about a physical invasion of the land

Question 5

Licensee

Answer 5

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

Question 6

When a Bailment

Answer 6

is for the sole benefit of the bailee, the bailor has a duty to inform the bailee of known dangerous defects

Question 7

IIED

Answer 7

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

Question 8

Consent is negated when:

Answer 8

1) D’s conduct exceeds the scope of consent, P lacked capacity to consent, or it was gained through duress or fraud

Question 9

Collateral Source Rule

Answer 9

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

Question 10

Defenses to a strict products liability claim

Answer 10

1) Unforeseeable user (misuse, alteration, modification)
2) Assumption of Risk
3) Product changed significantly after it left D’s control

Question 11

Indemnification

Answer 11

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)

Question 12

Contribution

Answer 12

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

Question 13

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

Question 14

Expert Testimony is required

Answer 14

to show shortened life expectance and probability of future pain and suffering

Question 15

Libel Per Se

Answer 15

defamatory meaning is present on the face of publication without special knowledge

Question 16

Libel Per Quad

Answer 16

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

Question 17

Defamation by publication or spoken words

Answer 17

need only be read and understood by @ least one other person (does not have to believe the statement to be true)

Question 18

Cannot defame a dead peraon

Question 19

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

Question 20

Conditional Privilege/Defense in a defamation case:

Answer 20

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

Question 21

The appropriation of name/likeness of another with consent is:

Answer 21

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