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Question

Public Disclosure of Private Facts

Answer 1

Widespread dissemination of private facts about a person that a reasonable person would find highly offensive Defense “newsworthy” aka of legit public interest revenge porn

Answer 2

A false statement, ABOUT P, published to a third party, results in harm Slander vs LIBEL Slander/libel per se = loathsome disease, concerning employment, chastity of women, crime (jury presumes special damages) Public Concern: Puclic officials, education/ religious.chaities 1. Prove Falsity 2. Public figures = prove malice, private figures = prove negligence

Answer 3

Interference with the use or enjoyment of land, to a substantial or unreasonable degree, must be unique harm than community The standard is measured based on what a reasonable person would find to be an annoyance, rather than what a particularly strong or a particularly sensitive person would feel.

Answer 4

Interference with the use or enjoyment of land,to a substantial or unreasonable degree The standard is measured based on what a reasonable person would find to be an annoyance, rather than what a particularly strong or a particularly sensitive person would feel. Spite fences Bars structures that interferes with neighbor’s access to light/air/view for spiteful/malicious reasons Most states require that spite/malice be teh sole/predominant motivation for its construction Primary defense for the fence is to show a constructive use of the structure Aesthetic nuisances/objections - neither substantial nor unreasonable

Answer 5

Owner created or maintained potentially dangerous condition on their land Owner shoudl have known harm to children Owner shoudl haeve known attractive to children

Answer 6

Employee vs independent contractor Under “respondeat superior” an employee is liable for all torts committed by employee within scope of employment Establish frolic vs detour Defenses intentional torts general outside Independent contractor not liable

Answer 7

Compensatory damages are awarded for actual, concrete losses suffered by plaintiffs, while punitive damages serve to punish acts of misconduct and deter their repetition. A plaintiff may only recover for economic damages based on tort law if it also shows additional harm such as physical injuries or property damage. However, the plaintiff may recover for purely economic damages if it had a contractual relationship with the defendant. punitive damages. may benecessary because compensatory damages may fail to fully compensate the plaintiff when harm has been done. Second, punitive damages are necessary to fully ensure future tortious conduct is deterred

Answer 8

A manufacturer has a duty to provide warnings or instructions concerning a product if (1) the product presents a risk of injury, (2) the manufacturer knows of the risk, (3) the risk is present when the product is used in its intended manner, or in any other reasonably foreseeable manner, and (4) the risk is not obvious to a reasonable user. The existence of such a duty is normally a question for the trier of fact.

Answer 9

socio-biological writings as an effort to incorporate biological concepts and values (like DNA replication) into torts like we do economics and other conceptual values. Professor like John Beckstrom argue that such socio-biological studies can explain conduct and can be used to fashion solutions through legal doctrine.

Answer 10

Under the majority (Cardozo) view, the plaintiff must be within the foreseeable zone of danger from the defendant’s activity to be owed a duty of care. Under the minority (Andrews) view, the duty of care is owed to anyone.

Answer 11

"When the defendant’s conduct falls below the level required by the applicable standard of care, he has breached his duty. If a statutory standard of care applies, most courts consider as “negligence per se,”. A minority of courts hold that the violation is only a rebuttable presumption

Answer 12

"The defendant’s conduct is the actual cause of the plaintiff’s injury if the injury would not have occurred but for the defendant’s conduct. "

Answer 13

Damages A plaintiff is entitled to be compensated from the tortfeasor for all her damages, even if the extent or severity of the harm is unforeseeable (i.e., the tortfeasor takes his victim as he finds her). "Patron’s concussion from fainting constitutes recoverable damages"

Answer 14

402a liability - 2 TESTS: 1- consumer expectation: was something more dangerous than reasonable consumer expected? 2. Risk Utility Test: consider risks and whether they outweigh the benefits 3. 2b. alternative design - -jury had to look through eyes of consumer, if it's more dangerous than they think 4. circumstantial evidence = res ipsa (a) was of a kind that ordinarily occurs as a result of product defect;

Answer 15

Stand your Ground No duty to retreat (Ex. George Zimmerman/Trayvon Martin) 23 states have it Generally apply to the home but can be extended to any place a person has a lawful right to be Person justified in using/threatening to use deadly force if they reasonably believe that using/threatening to use such force is necessary to prevent imminent eath or great bodily harm to themself or another person OR to prevent imminent commission of forcible felony Stand your ground vs Castle Doctrine Stand yoru Ground No duty to retreat from a threat before resorting to deadly force Generally applies regardless of location Castle doctrine Designed for the protection of a domicile or real property No duty to retreat and statutorily defines use of force as reasonable Note some states liek missouri adn ohio have extended such protectiosn to personal vehicles or businesses Make my day laws (castle doctrine) Majority of states have castle doctrine or “make my day” laws Protectiosn can extend to teh curtilage (are asurrounding the house) Some states have “make my day better” laws or extend protections to cars and businesses When involving property You must first request the other to leave OR reasoanably believe that such a request to be useless - only fater requesting/making that reasonable assumption can you resort to force to expel them

Answer 16

RUle of Sevens Age 0-7: children are presumed incapable of negligence Age 7-14: a rebuttable presumption of incapacity Age 14 and up: minor presumed capable of forming the requisite intent

Answer 17

Party could not comply with a statute because of an incapacity Ex. you have to do something upon seeing a particular hazard but you are visually impaired adn wouldn’t ahve been able to see it Eventual defendant did nto know and shold not have known, of the occasion for compliance Ex. driver who didn’t know a taillight was out while driving Party is unable, after reasonable diligence, to comply with the statute Ex. can’t clear property front sidewalk of snow within 24 hours of snow stopping as per the rule bc theres like a 3 day blizzard where snow starts/stops Cases where sudden emergency prevents statutory compliance swerve/run a light/make illegal turn to avoid hitting a person If compliance with the statute would be more dangerous than violation

Answer 18

Bender’s Feminist critique Leslie Bender = tort law should begin with a premise of responsbiliyt rather than rights feminisr argues why we have “no duty” in rescue cases. Masculine voice discusses righgts autonomy adn abstraction that has led to protect efficiency and profits whereas a feminie voice can design a tort system that encourages behavior that is caring tot oerhs safety adn responsive to others needs aor hurts that attends o human contexts and consequences” 8**torts IS based on huge individuality which leslie bender diagrees with. Said male-oriented system was based on seapraations rather than connections - it was individualistic, autonomous and self-interest Wanted recognition in the system that we are all interdependent/connected There is currently no responsible care/concern for another’s safety/welfare/health

Answer 19

1. Witness injury to a closely related person 2. Suffer mental anguish manifested as physical injury 3. Be within the zone of danger where he or she is subject to an unreasonable risk of bodily harm from the defendant’s actions

Answer 20

Warning defects = when product lacks reasonable instructions or warnings of *foreseeable harm posed by product an the lack of renders the product not reasonably safe Common law duty to warn necessitates a warning comprehensible to average user adn conveying a fair indication fo nature/extent of danger to mind of areaonsably prudent person Defendant is not liable under an implied warranty of merchantibily for failure to warn/provide instructions about risks that were NOT reasonably foreseeable at the time of sale or could nto have been discovered by way fo reasonable testing prior to marketing the product Defendant is subject to standard of knowledge of an expert in the appropriate filed, but remains subject to a continuing duty to warn (at least purchasers) of risks discovered following sale of product at issue foreseeable can be missue too

Answer 21

In a world without transaction costs, laws will never effect efficiency.. Because aprtie will always bargain their way to optimal behavior. Legal standards will only impact distribution of wealth! Ex: railroad sparks are dangerous-- without laws farmers would take precaution or railroad will.

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