Torts

Question 1

Elements of Strict Liability

Answer 1

To find liability under a strict liability theory, the plaintiff must show:

1. The defendant is a merchant (in other words, a commercial supplier of the product),
2. The product is defective
3. The product was* not substantially altered* since leaving the defendant’s control, AND
4. The plaintiff was making a foreseeable use of the product at the time of the injury

Question 2

Nuisance (Private & Public)

Answer 2

Nuisance = an invasion of property rights by tortious conduct.

Private = a susbtantial, unreasonable interference (e.g., objectively offensive or annoying) with another private person’s use or enjoyment of property that the other individual actually possesses or has a right of possession.

Public = act that unreasonably interferes with the health, safety. or property rights of community (e.g., prostitution).
* recovery by a private party for a public nuisance is only if the party suffered unique from the punlic at large.

Question 3

Elements of Defamation

Answer 3

1. Defamatory statement that specifically identifies P,
2. Published to a 3rd party
3. Statement is false
4. Fault on the part of D
5. Damage to P’s reputation

“Super Phenonmenal Fuck Fest Day”

Question 4

Invasion of Privacy Torts

Answer 4

Appropriation of the plaintiff’s picture or name (likeness)

Intrusion on the P’s affairs or seclusion

Publication of facts placing P in a false light

Public disclosure of private facts about P.

Question 5

Product Liability: Causes of Action

Answer 5

1. Negligence
2. Breach of Warranty
3. Strict Product Liabilities

Question 6

Strict Liability

Answer 6

Strict Liability = a defendant responsible for their actions regardless of their intent at the time of the action

Strict Liability Activities

1. Possession of Wild Animals (injury can be the result of P’s fear of the animal).
2. Domestic animal with dangerous propensities (Donna)
3. Abnormally Dangerous Activity (toxic chemicals, blowing shit up, excavation)

DO NOT confuse strict liability and product liability.

Question 7

Legal Defense to Strict Liability

Answer 7

Assumption of Risk: P knew and appreciated the risk and acted anyway.

Question 8

Product Liability

Definition

Answer 8

Product Liability = a product that is broken or caused injury to a consumer.

Causes of Action

1. Negligence: negligence in the chain caused the product to be defective/cause harm.
2. Breach of Warranty: product functions contrary to warranty/commercial promise (e.g., a label; usually an express warranty).
3. Strict Product Liability: product left the manufacturer in a defective condition.

PRODUCT LIABILITY HAS NOTHING TO DO WITH STRICT LIABILITY.

Question 9

Elements of Strict Product Liability

Answer 9

1. Defective product,
2. Sold by commercial seller,
3. Foreseeable user (anyone in the consumer’s circle who would foreseeably use the defective product), AND
4. Used in manner it was intended

Question 10

Defenses to Strict Products Liability

Answer 10

Assumption of Risk

Misuse of Product