Torts NY Distinctions

Question 1

Prima Facie Tort

Answer 1

Intentional infliction of pecuniary harm without justification (last resort, can’t use if another is available)

Question 2

Self-defense and use of deadly force

Answer 2

Duty to retreat unless actor cannot do so safely or is in his own dwelling

Question 3

Special damages in cases of libel and slander

Answer 3

For libel, don’t need to prove special damages unless not defamatory on its face and is not in the slander per se categories.

For slander, always have to show special damages unless it is defamatory on its face and in the slander per se categories

Question 4

What is the only privacy tort in NY?

Answer 4

Appropriation of picture or name by statute. Survives after death

Question 5

NIED in NY

Answer 5

If P’s distress is caused by threat of physical impact, threat must be directed at P or immediate family member in zone of danger

Question 6

Nonuse of seatbelt constitutes

Answer 6

Failure to mitigate but not evidence of liability

Question 7

Collateral source rule

Answer 7

In all personal injury, property, or wrongful death cases, courts must reduce P’s damage award by benefits from collateral sources such as insurance

Question 8

Primary assumption of risk

Answer 8

While NY does not have a regular contributory negligence, by engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such
participation.

Question 9

NY dramshop liability applies to

Answer 9

Sale of alcohol unlawfully which includes to a visibly intoxicated person and any person actually or apparently under the age of 21

Question 10

Which wrongful death claim does NY not recognize?

Answer 10

Loss of consortium

Question 11

Intra-family immunity

Answer 11

Not recognized, though a child cannot sue his parents for negligent supervision