Torts - MC

Question 1

elements of conversion

Answer 1

intentional exertion of dominion or control over P’s chattel that
- so seriously interferes w P’s ownership rights that —> D is liable for fair market value of chattel at time of conversion

Question 2

elements of conversion (when chattel initially used with permission)

Answer 2

• intentionally uses chattel in manner that exceeds scope of permission, AND
• seriously violates P’s right to control chattel

Question 3

elements of IIED

Answer 3

• by extreme and outrageous conduct
• intentionally or recklessly causes P severe emotional distress

Question 4

definition of extreme and outrageous, IIED

Answer 4

exceeds the possible limits of human decency so as to be entirely intolerable in a civilized society

Question 5

list of special relationships imposing duty to protect others

Answer 5

Please Help Eliminate Safety Concerns Causing Injuries
1. parent/child; 2. hospital/patient; 3. employer/ee; 4. shopkeeper/business invitees; 5. common carrier / passengers; 6. custodian / person in custody; 7. innkeeper/guests

Question 6

basic negligence action elements

Answer 6

1. duty
2. breach
3. causation
4. damages

Question 7

under negligence per se, P’s neg is presumed if…

Answer 7

1. P violated statute
2. statute was intended to prevent the type of harm suffered by P, AND
3. P is within a class of persons the statute was intended to protect

Question 8

what duty does a land possessor owe to a known or anticipated trespasser?

Answer 8

1. warn them about hidden, artificial dangers that are known to land possessor but unlikely to be discovered by trespassers, and
2. use reasonable care in active operations

Question 9

elements of traditional approach to res ipsa loquitor

Answer 9

majority view
1. P’s harm would not normally occur unless someone was negligent
2. D had exclusive control or was responsible for all others who had control over thing that caused harm AND
3. P did nothing to cause harm

Question 10

3rd restatement view of res ipsa

Answer 10

minority view
1. accident that caused P’s harm is type that ord happens due to neg of class actors
2. D is relevant member of that class

Question 11

majority vs. minority rule in handling factual cause when multiple causes

Answer 11

majority, 2nd restatement: D’s conduct was subst factor causing P’s harm

min, 3rd: D’s conduct regarded as factual cause of P’s harm

Question 12

when commercial seller in distribution chain is subject to strict products liability

Answer 12

if 1. commercial seller’s product contained defect when it left commercial seller’s control, and
2. that defect caused the P harm

Question 13

two types of defamation

Answer 13

libel
slander

Question 14

requirements for defamation claim based on slander

Answer 14

1. D, at min, negligently made a false statement about the P
2. that type of statement would tend to harm and did harm P’s rep, and
3. D published statement to 3rd party who understood its defamatory nature

Question 15

who is typically owed a duty?

Answer 15

all foreseeable plaintiffs
cardozo majority view: Ps within the zone of foreseeable harm
minority andrews: anyone who is harmed

Question 16

when is there an affirmative duty to act?

Answer 16

1. assumption of duty: someone starts to aid or rescue (must act w/reasonable ordinary care to not increase risk of harm)
2. psychotherapist duty to warn - if credible threats of phys violence

Question 17

general standard of care

Answer 17

to act as a reasonably prudent person under the circumstances

Question 18

on the exam, how should you determine what standard of care applies?

Answer 18

general standard of care (reas prudent person under circs), UNLESS
special standard applies
or there is a statute

Question 19

modern rule: standard of care for possessors of land

Answer 19

exercise reasonable care under circs, except trespassers

Question 20

traditional approach to standard of care for land possessors - first step

Answer 20

categorize as trespasser, invitee, licensee

trespass - on land w/o consent or permission
invitee - invited as member of public or business visitor
licensee - enters w express or implied permission for spec purpose

Question 21

(trad view, land possessors) standard of care / duty owed to trespassers

Answer 21

refrain from willful wanton reckless or intentional misconduct

Question 22

(trad view, land possessors) duty to invitee

Answer 22

refrain from willful wanton reckless or intentional misconduct

Question 23

(trad view, land possessors) duty to licensee

Answer 23

to warn of concealed dangers that are known or should be obvious and use reasoable care in conducting activities

Question 24

P may bring defamation action if D’s defamatory language is…

Answer 24

1. of or concerning the P
2. published to 3rd party who understands its defamatory nature; and
3. it damages the P’s rep

Question 25

summary of physician duty of care

Answer 25

A prima facie case of neg requires proof of a duty, breach of that duty, causation, and damages.
In gen, a duty of care is owed to all foreseeable persons who may fs be injured by D’s failure to act as a reasonable person of ordinary prudence under the circs. A physician is held to a natl std and is expected to exhibit the same skill, knowledge, and care as an ordinary practitioner.

Question 26

market share liability doctrine

Answer 26

if P’s injuries are caused by fungible product (all the same from diff manufact) and imposs to ID which D placed harmful product into mkt, jury can apportion liab by market share

Question 27

alternative causation theory

Answer 27

when multiple Ds and difficult to ascertain. applies if harm caused by:
1. one of small number of Ds
2. each of whose conduct was tortious
and 3. all of whom present before court

each then must prove his conduct not cause in fact

Question 28

concert of action doctrine

Answer 28

if 2+ tortfeasors acting pursuant to common plan or design and acts of one or more tortiously caused P’s harm then all D’s held jointly and severally liable

Question 29

three ways of obtaining liability when multiple Ds with uncertain cause

Answer 29

1. market share liability
2. alternative causation theory
3. concert of action doctrine

Question 30

intentional interference w/ a K elements

Answer 30

1. valid K existed between P and 3rd p
2. D knew of that rel
3. D intentionally and improperly interfered w/K perform AND
4. interf caused P monetary / pecun loss

Question 31

false imprisonment occurs when…

Answer 31

1. D intends to confine P within limited area
2. D’s conduct causes such confinement; OR D fails to release despite owing duty to do so, AND
3. P is conscious of confinement, OR, in min jx/3rd rstmt, P was harmed by confinement

Question 32

modern vs. traditional approach to land possessor liability

Answer 32

1. traditional: obligated to refrain from willful, wanton, reckless, or intentional misconduct toward trespassers
2. duty of reas care gen owed to trespassers, but only traditional laxer standard applied to flagrant trespassers (unless they are imperiled / unable to defend themselves)

Question 33

when can P sue for IIED after witnessing harm to another?

Answer 33

1. D engaged in extreme and outrageous conduct that emot/phys harmed P’s close family member
2. D’s conduct intentional or reckless (D knew P was present and closely related)
3. P contemporaneously perceived the conduct and suffered severe emotional distress

Question 34

elements of intrusion upon seclusion

Answer 34

1. D intentionally intrudes on
2. P’s private affairs,
3. in a manner that would be highly offensive to a reasonable person

Question 35

elements of recovery for a special situations theory of negligent infliction of emotional distress

Answer 35

defendant negligently either:
1. delivered erroneous announcement of death or illness
2. mishandled corpse or bodily remains
3. contaminated food with repulsive foreign object
and
caused plaintiff serious emotional distress