MISSED PQs (Torts)

Question 1

Defective Design

Answer 1

A design is defective if…

(1) the risks of the product outweigh its benefits, AND
(2) there was an economically feasible alternative design available

*Georgia rule too

Question 2

To be liable for Trespass to Land, what knowledge must D have possessed?

Answer 2

Trespass to Land = D intentionally entered another’s land AND P did not consent to D’s entry

**D DID NOT NEED to have ANY knowledge that the property belonged to P OR a belief that entry was permissible

Question 3

When is someone liable for Private Nuisance?

Answer 3

D is liable for Private Nuisance when…

→ D’s interference with P’s use & enjoyment of property is BOTH:

1) substantial (offensive, annoying, or intolerable to a normal person in the community) AND
2) unreasonable (severity of harm to P outweighs utility of D’s conduct) **e.g., D creating health hazards that harm P outweighs any utility

Question 4

In the context of a sports game where Player A makes contact with another, explain what defense Player A can raise.

Answer 4

In the context of a sports game where Player A makes contact with Player B, Play A might be able to raise the defense of → Apparent Consent

Apparent Consent = when a reasonable person would have understood P’s conduct OR custom (i.e., accepted behavior in the community) to indicate consent

*BUT, consent is ineffective IF D’s conduct exceeds scope of P’s consent

Question 5

What are the approaches to who can bring a products liability action based on breach of product warranty?

Answer 5

to bring a Products Liability action based on Breach of Product Warranty…

MAJORITY View: only the purchaser AND members of his family / household have privity extended, and thus only they have standing to sue

*family / household members can ONLY sue for PERSONAL INJURY here

MINORITY View: the purchaser AND anyone reasonably expected to be affected have privity extended, and thus only they have standing to sue

Question 6

Misappropriation of the Right to Publicity

Answer 6

Misappropriation of the Right to Publicity

= unauthorized use of P’s identity – name, likeness, OR item closely associated with the P – for the D’s benefit (typically, a commercial purpose)

Question 7

Can a person be liable for making a defamatory statement about a group of people?

Answer 7

→ generally, a person CANNOT be liable for making a defamatory statement about a group of people…

UNLESS:

1) the group is so small that a reasonable person would conclude that the statement refers to that group member; OR
2) the circumstances of publication would cause a reasonable person to conclude that the statement refers to the member

Question 8

a

Answer 8

= a