Other

Question 1

Vicarious Liability

Answer 1

One person (active tortfeasor) commits a tortious act against a third party and another person (the passive tortfeasor) will be liable to the third party for this act

Question 2

Doctrine of Respondent Superior

Answer 2

Vicarious liability through employer-employee relationship if the tortious acts occur within the scope of employment

Question 3

What is the employer liability for a detour?

Answer 3

Minor departure (detour): employer liable

Question 4

What is the employer liability for a frolic?

Answer 4

Major departure(frolic): employer not liable

Question 5

What is generally outside of the scope of employment?

Answer 5

intentional torts

• unless employee was acting to further employee’s purposes in some way
• torts committed by independent contractors (unless negligently hiring)

Question 6

When is a car owner liable for driver?

Answer 6

• if the driver is acting as the owner’s agent, for instance using the car to perform an errand for the owner
• the owner is liable for tortious conduct of immediate family or household members who are driving with the owner’s express or implied permission
• in some states, liability is on the owner for anyone driving with the owner’s consent

Question 7

Bailor

Answer 7

a person or party that entrusts goods to a bailee

Question 8

Dramshop Act

Answer 8

if a customer buys a drink, leaves that location, and then causes harm, the owner of the place where the drink was served is legally responsible

Question 9

4 kind of wrongs in invasion of right to privacy

Answer 9

1. Appropriation of the plaintiff’s picture or name
2. Intrusion on the plaintiff’s affairs or seclusion
3. Publication of facts placing the plaintiff in a false light
4. Public disclosure of private facts about the plaintiff

Question 10

Appropriation of the plaintiff’s picture or name

Answer 10

necessary to show unauthorized use of the plaintiff’s picture or name for the defendant’s commercial advantage
- mere economic benefit to the defendant (not in connection with promoting a product or service) by itself is not sufficient

Question 11

Intrusion on the plaintiff’s affairs or seclusion

Answer 11

forbids such acts as eavesdropping, spying, interception of phone calls or electronic communications, and other similar conduct

Question 12

Publication of facts placing the plaintiff in a false light

Answer 12

“False light” exists where one attributes to the plaintiff views they do not hold or actions they did not take. The false light must be something highly offensive to a reasonable person under the circumstances and circulate to the public at large

Question 13

Public disclosure of private facts about the plaintiff

Answer 13

public disclosure of private information about the plaintiff that is highly offensive to a reasonable person of ordinary sensibilities

Question 14

To establish a prima facie case for intentional misrepresentation requires:

Answer 14

• Misrepresentation of a material past or present fact
• Intent to induce the plaintiff to act or refrain from acting in reliance upon the misrepresentation
• Causation (actual reliance)
• Justifiable reliance
• Damages (the plaintiff must suffer actual pecuniary loss)

Question 15

There is no general duty to disclose a material fact, unless the defendant…

Answer 15

(1) stands in a fiduciary relationship to the plaintiff; (2) is selling real property and knows the plaintiff is unaware of, and cannot reasonably discover, material information about the transaction; or (3) has spoken and their utterance deceives the plaintiff.

Question 16

When is a party liable in terms of third party reliance?

Answer 16

the defendant will be liable if they could reasonably foresee that the third party would so rely.

Question 17

A prima facie case for negligent misrepresentation requires:

Answer 17

• Misrepresentation by the defendant in a business or professional capacity
• Breach of duty toward a particular plaintiff
• Causation
• Justifiable reliance
• Damages
• Generally, this action is confined to misrepresentations made in a commercial setting

Question 18

To establish a prima facie case for interference with business relations, the following elements must be proved:

Answer 18

• Existence of a valid contractual relationship between the plaintiff and a third party or valid business expectancy of the plaintiff
• The defendant’s knowledge of the relationship or expectancy
• Intentional interference by the defendant inducing a breach or termination of the relationship or expectancy
• Damages