Torts

Question 1

Battery Definition

Answer 1

Act intending to cause harm or offensive contact, and offensive or harmful contact occurs

Question 2

Shopkeeper’s Privilege

Answer 2

A businessman who reasonably suspects a customer of theft or failure to pay may detain suspected individual for a short time to investigate. Irrelevant if foreseeable. Privilege confined to that reasonably necessary for a short investigation.

Question 3

3rd Party Recovery for Intentional Infliction of Emotional Distress

Answer 3

1. P must be present
2. P must be a close relative to injured party
3. D knew or should’ve known of P’s presence
4. Actual damage required

Question 4

Trespass to Chattel

Answer 4

D interferes with another’s lawful possession of chattel (movable property)

Question 5

Negligence Per Se

Answer 5

Negligence w/ violation of a statute

Question 6

Pure Comparative Fault

Answer 6

MBE default rule. Can recover even if P’s negligence exceeds D’s. Even if P is 99% at fault, P can still recover 1%.

Question 7

Misrepresentation Elements

Answer 7

1) Material misrepresentation
2) D acts w/ scienter/guilty knowledge (can be satisfied by D lying or D makes a statement of fact no knowing whether true or false)
3) D must intend to induce reliance
4) P must justifiably rely on the misrepresentation
5) P must suffer pecuniary damages

Question 8

Defamation Elements

Answer 8

1) False, defamatory statement of fact was made
2) Reasonably understood as relating to P
3) Intentionally or negligently published to a 3rd party (foreign language needs to be understood)
4) Causing P damage
5) Made w/ the requisite degree of fault as to the truth or falsity of the statement

Question 9

Public Figure

Answer 9

pervasive fame, attempts to use media to gain notoriety, injects self into the public arena to attempt to direct public policy

Question 10

Appropriation Definition

Answer 10

The unauthorized use by D of P’s picture or name for D’s commercial advantage

Question 11

Abnormally Dangerous Activities

Answer 11

If the activity creates a risk of serious injury to the land or chattels of P or to P himself and this risk cannot be eliminated through the exercise of due care, and the particular activity is not generally performed in that particular physical area. Examples- Storage of explosives, fumigation, crop dusting, the storage of flammable liquids, pile driving, and the maintenance of a hazardous waste site.

Question 12

Private Nuisance

Answer 12

A disturbance that creates a substantial and unreasonable interference with the use and enjoyment of one’s property.