Essay Questions-- Which Rules?

Question 1

Torts Negligence Question

Answer 1

Negligence

(1) Duty
(a) Standard of Care
(b) Heightened Standard of care if applicable

(2) Breach

(3) Causation
(a) Actual Causation
(b) Proximate Causation

(4) Damages

(5) Defenses

Question 2

Torts Defamation Question

Answer 2

Defamation General Rule

(1) Defamatory Statement

(2) Of or Concerning the Plaintiff

(3) Publication

(4) Damages
(a) Libel
(i) Libel Per Se and Libel Per Quod
(b) Slander
(i) Slander per se

(5) Constitutional Defamation
(a) Matter of public Concern
(i) Falsity
(ii) Fault
(A) Malice
(B) Negligence

(6) Defenses to Defamation
(a) Truth
(b) Consent
(c) Absolute Privilege
(d) Qualified Privilege

Question 3

Torts Products Liability – Manufacturer

Answer 3

Products Liability- Manufacturer

(1) Strict Liability
(A) Strict Duty

  (B) Breach 

      (i) Defect 
          (a) Design Defect 
          (b) Manufacturing Defect 
          (c) Inadequate Warning 

     (ii) Present When it Left Defendant's Control 

   (C) Causation 
     (i) Actual Causation 
     (ii) Proximate Causation 

 (D) Damages 

(2) Defenses

Question 4

Torts Products Liability – Negligence Theory

Answer 4

Negligence Theory of Products Liability

(1) Duty and Breach
(A) Negligent Conduct
(B) Causation
(C) Damages
(2) Defenses

Question 5

Torts Products Liability– Implied Warranty

Answer 5

Implied Warranty General Rule

(discuss theory that applies)

(1) Warranty of Merchantability
(2) Warranty of Fitness for a Particular Purpose
(3) Express Warranty/Representation Theories OR
(4) Intent

(A) Defenses

Question 6

Torts Vicarious Liability

Answer 6

Vicarious Liability General Rule

The question is whether ______ (X) is liable for the tort of ________(Y) even though _____(X) was not the direct cause of plaintiff’s injury.

(1) Respondeat Superior