Torts PQs Flashcards
What are damages are owed for conversion?
Chattel’s full value at time of conversion
Are doctors/hospitals considered service providers or goods providers in product liability suits?
Service, meaning they aren’t liable for products liability cases
What is the default on the MBE for negligence of plaintiffs?
PURE COMPARATIVE NEGLIGENCE: measure everything by %%% of blame
What duty do land possessors owe to DISCOVERED or ANTICIPATED trespassers?
Duty to warn or protect them from concealed, dangerous, artificial conditions
NO DUTY to warn of NATURAL conditions or artificial conditions that DON’T involve risk of death or serious bodily harm.
In a private nuisance action, what is the standard used to determine if conduct is wrongful?
To determine if activity SUBSTANTIALLY and UNREASONABLY interferes with another’s use/enjoyment of land:
would a REASONABLE PERSON IN COMMUNITY find it OFFENSIVE/ANNOYING/INCONVENIENT?
What is the shopkeeper’s privilege exception to false imprisonment?
Allows for a REASONABLE (in TIME and MANNER) detention of suspected SHOPLIFTERS to give time to investigate.
Reasonableness based on TOTALITY OF CIRCUMSTANCES
What standard of care typically applies to a car driver re: his passengers?
What change is effected by a GUEST STATUTE?
Typically, driver owes duty of ORDINARY REASONABLE CARE to all passengers, including guests.
Guest statute imposes a duty ONLY TO REFRAIN FROM GROSS OR WANTON/WILLFUL misconduct with respect to a guest. i.e., harder to sue as guest under guest statute.
Who IS and is NOT liable in a strict products liability action?
liable = ANY COMMERCIAL SUPPLIER OF THE PRODUCT (i.e., manufacturer, distributor, retail seller)
NOT the supplier of a COMPONENT integrated into product UNLESS:
- -component ITSELF IS DEFECTIVE or
- -supplier SUBSTANTIALLY PARTICIPATES in integration process and integration CAUSES defect
What is the minority approach to negligence per se?
Violation of a statute gives rise to a REBUTTABLE PRESUMPTION that the D OWED A DUTY and BREACHED IT.
What is the Third Restatement’s rule regarding duties to trespassers?
Under the Third Restatement, owners owe a duty of reasonable care to ALL, even trespassers, except for FLAGRANT trespassers.
Does physical harm need to be proven in a claim for IIED?
NO!!!!!!
When are punitive damages available in a torts case?
When D acted willfully and wantonly, recklessly, or with malice
What is required to prove trespass to chattels?
INTENTIONALLY
INTERFERES w/P’s right of possession
MUST PROVE ACTUAL DAMAGES from loss of use or interference
For misappropriation of likeness, does it have to be one’s image or name that’s misappropriated?
NO, it can be their likeness, or anything closely related to them (like the stunt double question)
What is the firefighter’s rule?
An emergency professional, is barred from recovering damages from the party whose negligence caused the professional’s injury if the injury results from a risk inherent in the job
