Torts & Product Liability

Question 1

What is a tort?

Answer 1

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability

Question 2

How is tort law different from criminal law?

Answer 2

ort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate

Question 3

What is false imprisonment?

Answer 3

Defendant willfully confines plaintiff without plaintiff’s consent and without legal authority

Question 4

What is the shopkeeper’s privilege (a defense)?

Answer 4

privilege to detain a suspected shoplifter until police arrive—must be reasonable manner and duration

Question 5

What is Intentional Infliction of Emotional Distress (IIED)?

Answer 5

a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an “extreme and outrageous” way.

Question 6

What actions does IIED require?

Answer 6

IIED requires that the action must either
a) result in a physical injury
b) be completely intolerable in society (outrageous conduct)

Question 7

What is defamation?

Answer 7

the action of damaging the good reputation of someone; slander or libel

Question 8

What are the 4 requirements to sue for defamation?

Answer 8

1) Publication / communication to someone(s) other than plaintiff
2) False statement of fact (not opinion)
3) Damages
4) “Actual malice”

Question 9

Why is the case “The N.Y. Times v. Sullivan” important?

Answer 9

it is important because it was a landmark U.S. Supreme Court decision holding that First Amendment freedom of speech protections limit the ability of public officials to sue for defamation .

Question 10

What requirement was added in order to sue for defamation after the case “The N.Y. Times v. Sullivan”?

Answer 10

Public figure plaintiff must prove “Actual Malice” (knowingly false or reckless disregard of truth or falsity)

Question 11

What are the four forms of invasion of privacy?

Answer 11

a) Appropriation of Identity
b) Intrusion into Individual Affairs or Seclusion
c) Public Disclosure of Private Facts
d) False Light

Question 12

Within the four forms of invasion of privacy, what is “Appropriation of identity”?

Answer 12

(i) using identifiable characteristic,
(ii) without permission,
(iii) for commercial gain

Question 13

Within the four forms of invasion of privacy, what is “Intrusion into individual’s affairs or seclusion”?

Answer 13

without permission searching through home or property (e.g. laptop, cell phone)

Question 14

Within the four forms of invasion of privacy, what is “Public disclosure of private facts?”

Answer 14

disclosing private facts or information to others/ the public

Question 15

Within the four forms of invasion of privacy, what is “False light”?

Answer 15

under the tort of false light, a plaintiff can receive damages for the emotional harm that he or she suffered by the spread of the falsehood.

Question 16

What are the three requirements to apply wrongful interference with a contract?

Answer 16

a) Valid Contract Exist
b) Defendant Knew of This Valid Contract
c) Defendant Intentionally Induced Breach

Question 17

What is negligence?

Answer 17

A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances

Question 18

What are the four basic elements of negligence (unintentional tort)?

Answer 18

1) Existence of Duty (to exercise reasonable care)
2) Breach of duty
3) Causation (actual & proximate)
4) Damages

Question 19

What is the duty of landowners?

Answer 19

“to exercise reasonable care to protect individuals coming onto property”

Question 20

How does the jury decide whether someone acted in duty?

Answer 20

Duty to act as a “reasonable person” would act.

Jury uses “reasonable person” (an objective standard) to decide if defendant’s behavior breached duty of care.

Jury determines “How would a reasonable person act in this circumstance?” and whether defendant acted in that way.

Question 21

What is Negligence per se?

Answer 21

automatic liability if defendant’s act violates a statute and causes injury (plaintiff does not have to prove duty and breach).

Question 22

What is causation?

Answer 22

The failure to exercise reasonable care caused harm to the defendant

Question 23

What are the two different types of causes?

Answer 23

1) Cause in fact (actual cause)
2) Proximate cause (legal cause)

Question 24

What is proximate cause?

Answer 24

An actual cause that is also legally sufficient to support liability. Although many actual causes can exist for an injury (e.g., a pregnancy that led to the defendant’s birth), the law does not attach liability to all the actors responsible for those causes. The likelihood of calling something a proximate cause increases as the cause becomes more direct and more necessary for the injury to occur

Question 25

What is the significance of Palsgraf v Long Island Railroad Co [1928]?

Answer 25

It set the precedent that proximate cause can only be applied for a defendant if the cause of harm is a reasonably foreseeable result of a wrongful act; limits tort liability

Question 26

What is Dramshop Liability?

Answer 26

alcohol seller can be held liable for injuries caused by consumer

Question 27

What is comparative negligence/fault?

Answer 27

diminishes award to plaintiff by % of fault of plaintiff

Question 28

What is assumption of risk?

Answer 28

i) plaintiff knew of risk, and
ii) remained despite risk

Question 29

What are compensatory damages?

Answer 29

Compensatory damages are monetary damages received by the plaintiff in the event of injury or loss to cover the expenses that occurred during the event.

A compensatory damages example may include medical fees, loss of income, and physical pain and suffering.

Question 30

What are the two types of compensatory damages?

Answer 30

a) Economic (medical bills, property damage, lost wages, etc)
b) Non-economic (pain and suffering)

Question 31

What are punitive damages?

Answer 31

Punitive damages, or exemplary damages, are awarded to a plaintiff in addition to compensatory damages as a way to punish the defendant for a purposeful or especially negligent action. They are the legal system’s method of discouraging future bad behavior by making it financially harmful to the defendant.
***Only when the jury finds egregious or
reprehensible conduct

Question 32

Are there limits to the amount of damages someone can recieve?

Answer 32

Yes,
Some state legislatures pass laws limiting
non-economic damages and/or
punitive damages (such limits declared unconstitutional by some state supreme courts… including Arkansas!)

Question 33

What is significant about the case State Farm v. Campbell (2003)?

Answer 33

It set the precedent that punitive damages is often limited to 9X the compensatory damages (or less)

Question 34

What is strict liability?

Answer 34

Liability regardless of fault (does not involve breach of duty of care)

Question 35

Where would strict liability apply?

Answer 35

1. Abnormally dangerous activities
2. Strict product liability (sale of product by professional seller)

Question 36

What are the elements someone would need to prove to use Strict Product Liability?

Answer 36

1) Professional seller/maker (engaged in business of selling or distributing)

2) Product must be in defective condition when sold (and not substantially changed by consumer)

3) Product must be unreasonably dangerous

4) Defect must cause harm/injury

Question 37

What are some Strict Liability defenses?

Answer 37

a) Product Misuse
b) Commonly known dangers
c) Knowledgeable user

Question 38

What are some abnormally dangerous activities that could leave someone liable to Strict Liability?

Answer 38

• blasting
• storing explosives
• keeping wild animals