Purple Add-ons

Question 1

If two friends are engaging in horseplay, will there always be a battery?

Answer 1

Sometimes there is an argument for consent in that situation

Question 2

Because IIED is so subjective about what is outrageous, generally an answer that indicates this on the exam is what?

Answer 2

Wrong

Question 3

If an examiner wants you to pick IIED, the question will involve what?

Answer 3

Conduct that is super obviously outrageous, so much so that no reasonable person could think otherwise

Question 4

Can a joke be actionable under IIED?

Answer 4

Only if it transcends all bounds of decency in a civilized society

Question 5

If emotional distress is only attributable to property damage, and there is no tangible physical manifestation of it, can there be a claim for IIED?

Answer 5

Usually no

Question 6

What is the controlling issue in a nuisance case?

Answer 6

Whether or not the person can abate the nuisance without unreasonable expense compared to the harm to the plaintiff’s use of the land if the nuisance continues unabated

Question 7

Where does nuisance liability come from?

Answer 7

The harm done, not the actor’s state of mind

Question 8

If someone refuses to abate a nuisance, after being requested to do so, his continued interference with the neighbor’s property is considered what?

Answer 8

An intentional tort which is enough for malice, intent to injure, and can be inferred from the continued operation of the nuisance, so the court can award punitive damages

Question 9

What does the “different in kind” issue for public nuisance mean?

Answer 9

If your injury is puking and stomachaches from a pig farm’s smell, and everyone else is just annoyed by the smell, you haven’t suffered a different injury in kind to compare it with the others

Question 10

When are injunctions given for nuisance?

Answer 10

When the legal remedy is inadequate because money damages won’t solve the problem, the interference is one of a continuing nature, and the balance of equity tips in favor of the plaintiff

Question 11

What does it mean for the balance of equity to tip in favor of the plaintiff for an injunction for nuisance?

Answer 11

Hardship to the defendant versus hardship to the plaintiff and community

Question 12

If you rip a page from someone’s book, would that be considered conversion?

Answer 12

No, because it wouldn’t be destruction of the book, it would just be mere intermeddling

Question 13

If a patient gives consent for an operation to be performed by her doctor, but a specialist ends up doing the operation instead, and he does a wonderful job, is that a battery?

Answer 13

Yes because the plaintiff didn’t consent to the operation being done by that person

Question 14

If a doctor performs surgery to find out what is wrong with your stomach, and when he gets in there he finds an abscess, can he remove it right then without being charged with a battery?

Answer 14

Yes, because the patient consented to find the cause of the harm would be enough to justify removing what was causing it, so the court would find implied consent because removal was ultimately necessary to protect the plaintiff’s life

Question 15

Can contributory negligence be a defense to intentional torts?

Answer 15

Never

Question 16

If two people agree to fight, have they consented to one another’s batteries?

Answer 16

No, because their fight was considered a breach of the peace

Question 17

If a breach of the peace is involved, can it be held that the participants consented?

Answer 17

No, public interest requires that they be held liable for their torts

Question 18

If a police officer makes a reasonable mistake and arrests someone that is actually innocent of a misdemeanor charge, is there police privilege for this?

Answer 18

Majority: no, minority: yes

Question 19

If you have a warrant and you mistakenly arrest the twin brother of the person you have a warrant for, is there a privilege?

Answer 19

No, you can only arrest the person named in the warrant

Question 20

You can’t be liable for negligence unless your conduct was what?

Answer 20

Unreasonable

Question 21

What is a testing trick for an answer pick that states a finding of fact, like whether or not a 10-year-old can understand the dangers of using a stick?

Answer 21

Since this is not a simple yes or no answer, but a matter of opinion that would be a question for the jury, this should be eliminated

Question 22

What standard are learners or beginners in an activity that involves a known risk to others held to?

Answer 22

The same standard as experienced people

Question 23

If you are a therapist, and your patient is bent on committing suicide, do you have a duty to warn others about this?

Answer 23

No, because he doesn’t present a risk of harm to other people, so you have to abide by your confidentiality rule

Question 24

When would a doctor be held liable if he was administering aid under the good Samaritan rule?

Answer 24

If he acted recklessly, willfully/wantonly in causing injury

Question 25

For NIED, most states say the plaintiff had to have been subjected to what?

Answer 25

Actual impact or threat of it, but minority says it’s okay if it was a close family member who had contemporaneous observance

Question 26

Common carriers owe a duty to choose the course of action that is what?

Answer 26

Least likely to expose passengers to risk of harm

Question 27

If a plane gets hijacked and is being used to fly to Cuba, under the common carrier doctrine, what should the common carrier do?

Answer 27

Since it would be less harmful to let the plane fly there than to start a gun battle on board, they should let it happen

Question 28

If a carpool involves the sharing of expenses for consideration, what status does that give riders?

Answer 28

Passenger status

Question 29

What is necessary to show joint enterprise?

Answer 29

Joint control, so just sharing expenses is not enough

Question 30

Do carpools create joint enterprises?

Answer 30

No, because there is no mutuality of control

Question 31

Res Ipsa Loquitur only applies to situations where a lay jury could say what?

Answer 31

That the accident wouldn’t usually happen without negligence

Question 32

If a situation involves complex machinery beyond the experience of an ordinary jury, does Res Ipsa Loquitur apply?

Answer 32

No, because a lay jury couldn’t say whether not that accident would happen without negligence

Question 33

In order for Res Ipsa Loquitur to apply, the instrumentality must’ve been what?

Answer 33

Under the defendant’s exclusive control

Question 34

If a period of time is relatively short, like 15 minutes, and no other explanation appears for something like a parked car rolling backwards, what can be inferred?

Answer 34

That the driver was negligent in parking the car

Question 35

What are the two different views about landlords having a duty to their tenant’s guests?

Answer 35

• old view: duty is limited to those he is in privity with

- modern: owes the same duty to guests as he does to the tenant

Question 36

What is the landlord’s duty with regard to common areas?

Answer 36

He is treated as the land occupier of common areas and is liable to both tenants and visitors in those areas with no privity issues

Question 37

If a non-customer uses a bathroom in a store or restaurant, what is the duty owed?

Answer 37

Even though they might not be a customer, because the premises is open for public admission, washroom users are treated as invitees, so they’re owed a duty to use due care to inspect and discover dangerous conditions and to make them safe

Question 38

If someone slips in water that was left on a bathroom floor for many hours, can liability fall on the landowner?

Answer 38

Yes, because he had time to discover it and remedy it

Question 39

The last clear chance doctrine overrides what?

Answer 39

The contributory negligence rule

Question 40

Last clear chance doctrine only applies when who is contributorily negligent?

Answer 40

Plaintiff, and not the plaintiff’s spouse or someone else

Question 41

If your husband and the boat driver were both a negligent and it resulted in you ending up overboard, would the last clear chance doctrine bar you from recovery?

Answer 41

No, because you weren’t contributorily negligent in creating your own injuries

Question 42

The last chance doctrine is what to the contributory negligence defense?

Answer 42

An exception

Question 43

What does a person have to actually know in order to assume the risk of an activity?

Answer 43

The possibility of that injury and he must voluntarily choose to encounter it

Question 44

Is it relevant what a reasonable person would know for assumption of the risk?

Answer 44

No, the question is what the plaintiff actually knew about the risks involved

Question 45

If the plaintiff didn’t actually suffer an injury, can he prevail for medical malpractice?

Answer 45

No

Question 46

If a doctor didn’t tell you there was a 2% chance of death from surgery, and you have the surgery and everything goes well, can you sue for medical malpractice?

Answer 46

No, because you weren’t actually injured

Question 47

Professional malpractice cases require all of the elements of what?

Answer 47

A normal negligence claim

Question 48

If a professional didn’t act reasonably in rendering professional services, but his conduct didn’t cause the harm to the plaintiff, is he liable under malpractice?

Answer 48

No, because all of the elements of negligence apply and causation would be missing

Question 49

What is the overriding standard for malpractice?

Answer 49

Defendant has to demonstrate at least a minimal degree of competence required by a member of the profession in good standing

Question 50

What is the only time that the community standard is applied for malpractice?

Answer 50

If there is a close call

Question 51

What is unclean hands?

Answer 51

A policy-based doctrine that bars a plaintiff from bringing suit when his own behavior has been reprehensible

Question 52

Strict liability only applies to injuries caused by wild animals if the defendant is the what?

Answer 52

Owner

Question 53

If a bear attacks someone on the defendant’s campground, is assumption of the risk a defense?

Answer 53

Only if the plaintiff actually knew of the danger

Question 54

If you don’t know that bears actually live on a campground, and you get attacked by a bear, did you assume the risk?

Answer 54

No

Question 55

Is it considered malicious if you print allegations that come from a reliable source?

Answer 55

No

Question 56

Does failure to warn apply to manufacturing defects?

Answer 56

No

Question 57

What is the only time a plaintiff can recover for slander?

Answer 57

If he can prove special damages of a pecuniary nature

Question 58

What is the exception to the rule that you have to prove special damages of a pecuniary nature to recover for slander?

Answer 58

Slander per se

Question 59

Under slander per se, the statement was so horrible that the reputational injury is what?

Answer 59

Presumed by its very utterance so special damages are required before the plaintiff can recover general damages

Question 60

If you’ve made a reasonable mistake about whether consent was given, can that be a defense to invasion of privacy?

Answer 60

No

Question 61

If the harm wasn’t reasonably foreseeable, will courts hold you strictly liable?

Answer 61

Usually not

Question 62

What are the most heavily tested areas of torts?

Answer 62

Negligence, intentional torts, defamation, products liability, strict liability