Torts

Question 1

Battery

Answer 1

1) Intentional act
2) Causing unlawful or offensive contact with plaintiff or something closely connected.

Mens rea:

1) Desire to cause contact or
2) Know that such contact subst certain to occur

NC Doc doesn’t disclose risks for informed consent = battery.

Question 2

Assault

Answer 2

Intentional act causing plaintiff to experience reasonable apprehension of immediate harmful or offensive contact.

Mens rea: Desire to cause battery or fear of such, or know that such result subst certain to occur.

Question 3

False Imprisonment

Answer 3

Intentional act that causes plaintiff to be confined or restrained to a bounded area against plaintiff’s will, and the plaintiff knows of the confinement or is injured thereby.

Mens rea: Desire to confine or knows virtually certain to occur.

Question 4

Shopkeeper’s Privilege

Answer 4

Primary defense against false imprisonment.

If probable cause to believe person shoplifted, the merchant or police may detain the person as long as reasonable in duration and manner. More protective than other states, which require reasonable suspicion.

Question 5

IIED

Answer 5

Intentional/reckless act
Extreme and outrageous conduct
Causes plaintiff severe emotional distress

Severe emotional distress: Any regularly diagnosed and disabling mental or emotional disorder.

D’s liability to 3Ps:

1) D acts directly on family members of 3P, 3P present, and D knows of presence. No need for bodily harm.
2) 3P is present when D acts on other plaintiff and 3P’s distress results in bodily harm.

• *NC** Allows for contractual relationships if:
  1) main K benefits not pecuniary
  2) relates to matters of dignity/sensibilities
  3) involves interests/emotions recognized by all as susceptible to mental anguish if not respected, AND
  4) primary loss not pecuniary.

Question 6

Privileged Trespass

Answer 6

1) Consent OR
2) Important personal/public interest protected.

NC Consent can’t be given when conduct is also a crime.

Question 7

Self-defense

Answer 7

MBE
Reasonable force allowed to defend against imminent and unprivileged attack. Only degree of force reasonably necessary to avoid harm threatened by plaintiff.

No self-defense if a) conduct not imminent, b) conduct averted, or c) ended.

Reasonable mistake doctrine: if R person in same circs would have believed imminent attack, may make self-defense claim. Subjective belief that is objectively reasonable.

• *NC DUTY TO RETREAT**
  1) No duty to retreat if felonious assault and D didn’t start it.
  2) Nonfelonious attack not in D’s home or business: duty to retreat.

Question 8

Affirmative Duties of Care (have to take affirmative actions to care for plaintiff)

Answer 8

Relationships:

1) parent/child
2) employer/employee
3) common carrier or innkeeper/customer
4) school/pupil
5) jailor/prisoner

Question 9

NIED

Answer 9

MBE
Direct claims: plaintiff (1) in zone of danger and (2) suffers physical manifestation of mental distress.

Bystander actions: harm to plaintiff’s loved one and pff sues for emotional distress.
**MAJ –> plaintiff must be (A) near the scene of accident, (B) suffered severe emotional distress
(C) resulting from sensory and contemporaneous observance of accident, and (D) pff had close r-ship w/ victim.

• *NC**
  (1) No physical manifestation requirement.
  (2) No zone of danger requirement.

Question 10

Landowner Liability - NC Standards

Answer 10

1) No distinction b/w invitee/licensee. Just “duty of reasonable care toward all lawful visitors.
2) Unknown trespassers: No duty.
3) Known trespassers:
(A) exercise reasonable care in conducting operations on property,
(B) refrain from willful/wanton conduct.
(C) NO DUTY TO WARN KNOWN TRESPASSERS.

Question 11

Res Ipsa Loquitur

Answer 11

1) Event which caused Pff’s injury was one which ordinarily does not occur in absence of neg.
2) MPTN that D’s neg was responsible for injury.
3) Pff was not responsible for injury.

Question 12

Punitive Damages - NC

Answer 12

Show:
(A) Fraud,
(B) Malice, or
(C) willful/wanton conduct

Standard of Proof: C&C evid

Not available for vicarious liability actions.

Cap: 3X compensatory dams or $250,000.

Question 13

NC - Contrib Neg

Answer 13

Any contributory negligence bars Pff’s claim.

Last clear chance doctrine applies; Party w/ last clear chance to avoid harm is liable for all the neg.

Question 14

NC’s Owner-Occupant Doctrine

Answer 14

Negligence/contributory negligence of a driver of a vehicle is imputed to owner who is a passenger in the vehicle at the time of an accident when 3P is involved.

Owner may still recover from driver.

Question 15

NC Private Nuisance

Answer 15

Either per se or per accidens.

Thing/activity that substantially and unreasonably interferes w/ pff’s use and enjoyment of her land.

Agricultural or forestry operations are, by statute, not nuisances if they were not nuisances when first begun regardless of changes in land use in area.

Question 16

Defamation

Answer 16

MBE:

1) Statement of fact
2) To any 3P who understands it to be about pff
3) causing damage to Pff’s reputation.

4) Public figures: must show malice.
5) Private figure, public concern: show neg
6) Private fig, private concern: publication only

NC
(A) False, defamatory statements concerning pff
(B) Published to 3P who knows it’s about pff
(C) Causing injury to pff’s reputation.

“Defamatory”: lowered community esteem, discourages 3Ps from associating w/ pff, holds pff up to hatred/ridicule/contempt/scorn. Pff may also offer evid of how statement is defamatory in this instance.

Limited purpose public figures: “intentionally thrusting personality into the vortex of an important public controversy.” Requires malice showing.

Question 17

Libel

Answer 17

Defamation in permanent form.

• *NC** Three categories of libel:
  1) per se (obviously defamatory)
  2) susceptible of two interpretations, one defamatory and one not, and
  3) per quod (contextually defamatory)

Question 18

Libel Per Quod (NC)

Answer 18

(A) D published false statements
(B) which were defamatory
(C) statements concerned pff
(D) published to 3P
(E) publication caused SPECIAL DAMAGE to pff,
(F) D acted with malice (knowledge of falseness or reckless disregard whether false)

Question 19

Slander

Answer 19

Spoken/impermanent defamation

Question 20

Slander Per Se (MBE & NC)

Answer 20

MBE:

(1) commission of crime involving moral turpitude
(2) loathsome disease
(3) unfit for business/trade
(4) falsely impute unchastity to woman

NC

(1) moral turpitude crime
(2) unfit for trade/business
(3) loathsome disease

Question 21

Defamation Defenses

Answer 21

1) Truth
2) Absolute privilege (legislators, judicial proceedings)
3) Qualified privilege (D communicates on matter of interest to the recipient of the communication; D must reasonably and sincerely believe it’s true).

Question 22

Invasion of privacy

Answer 22

Not in NC: “public disclosure of private facts” or “false light.”

Intrusion Upon Seclusion:
(A) Either physical or non-physical intrusion
(B) That would be highly objectionable to a reasonable person.

Appropriation of Identity/Likeness

Question 23

NC Fraud

Answer 23

Reckless disregard for truth NOT ENOUGH.

Must show:

(1) D knowingly made a false statement of past or present fact,
(2) with intent to deceive
(3) which was material
(4) justifiably relied on by pff
(5) which caused harm to pff

Question 24

Interference with Contractual Relations

Answer 24

MBE: inducing breach

NC: IIKR = 
(A) valid K b/w pff and 3P exists which confers upon pff contractual right against 3P
(B) D knows of the K
(C) D intentionally induces 3P to breach
(D) D acts w/o justification,
(E) Causes damages to pff.

Question 25

Survival of Actions

Answer 25

MBE: death of V or D abated tort action between them at CL, but all jurisdictions have survival statute so death of V or D no longer abates.

**NC Survival Statute**
Following do not survive V's death:
1) defamation (except slander of title)
2) false imprisonment
3) any other claim where relief sought could not be enjoyed after V's death.