Torts MEE Rules

Question 1

Battery

Answer 1

P must show (1) harmful or offensive contact, (2) to P’s person, (3) D intended to cause contact, and (4) D’s contact caused P’s injury

Question 2

Assault

Answer 2

P must show (1) an act by D which caused reasonable apprehension in P, (2) of immediate harmful or offensive contact to P’s person, (3) D intended to cause apprehension, and (4) D’s act caused P’s injury

Question 3

False imprisonment

Answer 3

P must show (1) an act or omission by D that confines or constrains P (2) to a bounded area, (3) D intended to confine, and (4) D’s act caused P’s harm - P must be aware of or harmed by confinement

Question 4

Intentional infliction of emotional distress (IIED)

Answer 4

P must show (1) extreme and outrageous conduct by D, (2) intent or recklessness, (3) D’s act caused P’s harm, and (4) damages in form of severe emotional distress

Question 5

Bystander IIED

Answer 5

P must show (1) P was present when injury occurred, (2) P = close relative to V, and (3) D knew P was present and close relative

Question 6

Trespass to land

Answer 6

P must show (1) physical invasion of P’s real property, (2) D intended to be where they were, (3) causation.

Question 7

Trespass to chattel

Answer 7

P must show (1) act by D that interfered w/P’s right of possession in chattel, (2) intent by D to interfere, (3) causation, and (4) damages.

Question 8

Conversion

Answer 8

P must show (1) act by D interfered with P’s right of possession (2) which was so serious that D must pay for chattel’s full value, (3) intent, and (4) causation.

Question 9

Defense to property

Answer 9

Must ask to stop, no deadly force allowed.

Question 10

Self defense/Defense of others

Answer 10

Invasion is imminent or in progress, may only use proportionate force. Mistake does not negate.

Question 11

Shopkeeper’s privilege

Answer 11

Shopkeeper may detain for reasonable time and manner if reasonably believes person committed theft in order to conduct an investigation.

Question 12

Defamation

Answer 12

P must show (1) defamatory language, (2) of or concerning P, (3) publication by D or to a 3rd person, (4) damages (if not libel or slander bc presumed)

Question 13

Defamation - matter of public concern

Answer 13

P must prove (1) falsity of the statement and (2) fault on D’s part

Question 14

Defamation of public figure

Answer 14

Must prove malice - D knew of the falsity or acted in reckless regard. Damages are presumed.

Question 15

Defamation of a private figure

Answer 15

Must prove negligence + damages

Question 16

Defenses to defamation

Answer 16

-Consent
-Truth
-Privilege

Question 17

Appropriation of P’s name or likeness

Answer 17

P must est. unauthorized use of P’s picture or name for D’s commercial advantage, unless newsworthy publication.

Question 18

Intrusion

Answer 18

P must show that D’s act of intrusion into private affair, in which P has a reasonable expectation of privacy, would be objectionable to a RP.

Question 19

False light

Answer 19

Must show that D attributed to P certain views which he does not hold or actions he did not take which would be objectionable to RP under the circumstances.

Question 20

Undiscovered trespassers

Answer 20

No duty of care, but no traps

Question 21

Discovered trespassers

Answer 21

If dangerous condition, duty to warn.

P must show (1) artificial cond., (2) highly dangerous, (3) concealed, and (4) prior knowledge.

Question 22

Attractive nuisance doctrine

Answer 22

P must show (1) dangerous cond. present on land that owner is or should be aware of, (2) owner knows or should know that kids frequent. area, (3) cond. is likely to cause injury, and (4) expense of remedy = slight vs. risk

Question 23

Licensees

Answer 23

Entrants w/own purpose but permission. Possessor has duty to warn of all known dangerous conditions.

P must show concealed condition + possessor’s prior knowledge

Question 24

Invitee

Answer 24

Possessor holds land open for commercial benefit or to public. Possessor has duty to protect invitees from all reasonably knowable dangerous conditions.

P must show concealed condition + possessor had prior knowledge or would via reasonable inspection.

Question 25

Lessor duty

Answer 25

To warn of existing defects if aware else will not discover upon reasonable inspection.

Question 26

Lessee duty

Answer 26

General duty to maintain

Question 27

Disclosure

Answer 27

P must show public disclosure of private info about P that would be objectionable to a RP unless newsworthy publication.

Question 28

Intentional Misrepresentation

Answer 28

P must prove (1) affirmative misrepresentation by D in a business or professional capacity, (2) breach of duty towards P, (3) causation, (4) justifiable reliance, and (5) damages

Question 29

Negligent Misrepresentation

Answer 29

P must prove (1) misrepresentation by D in a business or professional capacity, (2) breach of duty towards P, (3) causation, (4) justifiable reliance, and (5) damages

Question 30

Res ipsa loquitor

Answer 30

P lacks info of what D did wrong, but as a matter of logic the accident that occurred is normally associated with negligence.

Question 31

Actual causation

Answer 31

“But for” D’s breach, P’s injury would not have occurred.

Question 32

Proximate cause

Answer 32

Foreseeability that D’s conduct would caused P’s injury.

Question 33

Strict tort liability

Answer 33

P must show (1) D was a merchant routinely dealing in goods of this type, (2) defective product, (3) defect existed when left D’s control, and (4) P was making foreseeable use of the product @ time of injury.

Question 34

Implied warranty of merchantability

Answer 34

Warranty that goods be of average acceptable quality and generally fit for the ordinary purpose for which the goods are used.

Question 35

Implied warranty of fitness for a particular purpose

Answer 35

Seller knows or has reason to know the particular purpose for which goods are to be used and buyer relies on seller to select goods.

Question 36

Nuisance - public and private

Answer 36

Public = community’s right to health, safety or property has been interfered w/to a reasonable degree

Private = P’s ability to use or enjoy her property has been interfered wit to a substantial and unreasonable degree.

Question 37

Vicarious liability - employer/employee

Answer 37

Vl for torts while w/in scope of authority or outside scope if (1) job entails use of force, (2) employer authorizes, or (3) motivated by desire to benefit employer

Question 38

Joint and several liability

Answer 38

If indivisible = each D is liable for entire amount of damage

If divisible = each D is liable for their portion

If acting in concert = each D liable for entire amount

Question 39

Indemnity

Answer 39

Shifts entire loss between or among tortfeasors if by K, VL, or strict liability

Question 40

Duty to rescue

Answer 40

None unless (1) family member, (2) common carrier and innkeepers to customers, or (3) land possessors to invitee.

BUT if attempted, liable for any negligence during rescue.

Question 41

Negligence per se

Answer 41

P must show (1) D violated a statute w/out excuse, (2) P was the class of people the statute was intended to protect, and (3) P was injured in manner statute was intended to prevent.

Proving all elements satisfies breach and duty for prima facie showing of negligence

Question 42

Indemnification

Answer 42

When paying D was not at fault in causing P’s injuries, D can seek full reimbursement for damages paid from nonpaying D who was at fault

Question 43

Economic loss doctrine

Answer 43

Parties are prohibited from recovering in tort when the negligence of another results in purely economic loss, as opposed to personal injury or property damage.

Question 44

Abnormally dangerous activity

Answer 44

(1) foreseeable risk of serious harm even when reasonable care exercised, (2) not matter of common usage in community