Other Torts

Question 1

NIED (NEGLIGENT)

Answer 1

If Plain = bystander
1) Close relationship
2) Present at scene of injury
3) Observed injury

If Plain = victim
•Def created risk of physical danger
•Plain in the zone of danger
•physical injury from emotional distress

*Special cases where Plain can recover: if mishandle dead or falsely told dead

Question 2

Private Nuisance

Answer 2

Substantial unreasonable interference with others use or enjoyment of land (obj. standard based on avg. member of community)

1. Substantial interference
2. Injury outweighs utility

*unsightly images generally not enough

Question 3

Public Nuisance

Answer 3

Any conduct that interferes with the rights of the public

Question 4

Defamation

Answer 4

1. Defamatory language
2. About plaintiff
3. Publication to other persons
4. Reputation damage

*statements don’t have to be false unless for pub figure

Question 5

What is slander?

Answer 5

Spoken defamation

Question 6

What is libel?

Answer 6

Written defamation

Question 7

What is slander per se?

Answer 7

Special damages are presumed if falls into one of these categories:

Hurts plains business
Disease
Serious Crime
Sexual Misconduct

Question 8

Wrongful Death Action

Answer 8

For pecuniary injury to spouse or next of kin for loss of support, companionship, etc.

Question 9

Does libel require proof of damages?

Answer 9

No. If communication is apparently defamatory, damages are presumed.

Question 10

Is consent a defense to defamation?

Answer 10

Yes, If the plaintiff consented to the defamation, def will be protected by an absolute privilege