Torts MEE

Question 1

intentional torts (7)

Answer 1

CALC FIB

Conversion
Assault
Land trespass
Chattel trespass
False imprisonment
Intentional infliction emotional distress
Battery

Question 2

affirmative defenses to intentional torts

Answer 2

consent, privilege, necessity

consent- express or implied
privilege- self-defense, defense of others, defense of property
necessity- public or private

Question 3

negligence elements

Answer 3

duty, breach, causation, damages

Question 4

Duty (negligence)

Answer 4

• owed to foreseeable victims within zone of danger
• as much as reasonably prudent person acting under similar circumstances
• special standards for children, professionals, premises liability, negligence per se
• exceptions to general no affirmative duty to act- relationship, causing the peril, state laws for Good Samaritans

Question 5

Breach (negligence)

Answer 5

any affirmative act or omission

res ipsa loquitur applies when breach is unconfirmed but obvious

Question 6

causation (negligence)

Answer 6

actual and proximate

actual- but for
proximate- fair and foreseeable

when 2 independent causes are merged- significant contribution to injury, joint and severable liability
when unascertainable which act was the cause- each has burden of proof

Question 7

damages (negligence)

Answer 7

All damages suffered if establish all elements, even if eggshell skull

Question 8

NIED

Answer 8

emotional distress due to negligence
physical symptoms of stress needed
must be in zone of danger (or if closely related, present on scene and observed the negligent event)
foreseeable that event will cause emotional distress

Question 9

IIED

Answer 9

intentionally committing extreme and outrageous conduct beyond bounds of decency tolerated in civilized society
that causes severe emotional distress (must have damages, but doesn’t have to be physical)

Question 10

duty standard for children (negligence)

Answer 10

ages 5-18, of similar age, experience, intelligence

unless engaging in adult activity- reasonable person

Question 11

breach standard for professionals (negligence)

Answer 11

same as average member of profession who provides similar services

Question 12

standard for duty in premises liability (negligence)

Answer 12

only if injury is caused by the negligent failure to protect against, not happenstance

duty of care:

anticipated trespasser- artificial, highly dangerous, concealed, known
licensee- concealed, known
invitee- concealed or could not be discovered from reasonable inspection, known
emergency workers- no duty if inherent to job
unknown trespasser- no duty
child trespasser- reasonably prudent under circumstance to protect against artificial conditions

How to satisfy:
repair, replace, remove, or warn

Question 13

negligence per se standard for breach (negligence)

Answer 13

violation of criminal statute creates a duty
the harm is within what the statute protects against
injured party is part of class of people meant to be protected
complying with statute is not more dangerous

Question 14

strict liability torts

Answer 14

• wild animals
  -abnormally dangerous activities
  -defective products– must be merchant, safer alternative or warning
  possible, product was not altered, foreseeable use
  caused injury, manufacturer may be asked to indemnify
  if not brought into suit

Question 15

nuisance

Answer 15

substantial or unreasonable degree of interference with enjoyment of property
through intentional or negligent activity

Question 16

vicarious liability

Answer 16

both active and passive tortfeasors liable
acting within scope
only minor detour
independent contractors if hurts on premises
one party may be indemnified by other liable party if not brought into the suit

Question 17

joint and several liability

Answer 17

either one can be liable for full amount

they can go after each other for percentage contributed

Question 18

defamation

Answer 18

• adverse statement
• identifies
• publicized
• false
• awareness of falsity - negligence for private person, malice for public person
• damages- no economic harm needed if so obviously injuring

defenses:
- consent
- privileges (public interest, colleagues, spouses, govt)