Torts

Question 1

When do “frolic” and “detour” apply?

Answer 1

Only in EMPLOYMENT vicarious liability torts, not simply when someone borrows a car

Question 2

Can a dead person legally be defamed, or be a plaintiff for an invasion of privacy tort?

Answer 2

NO

Question 3

State of mind needed for IIED?

Answer 3

Reckless or intentional

Question 4

Special relationships for torts?

Answer 4

Parent; hospital; employer/employee; business invitees; common carrier; innkeeper

Question 5

False imprisonment elements

Answer 5

Intents to confine or knows it’s substantially certain; P is conscious of confinement; P is confined

Question 6

Self-defense: OK to injure bystander if (2)

Answer 6

The force they’re defending against is substantially greater than the force they used against bystander; use of force against bystander is immediately necessary

Question 7

Non-deadly force to defend property may be used if:

Answer 7

Reasonably believes P is about to intrude, and D can prevent the intrusion; verbal requests would be useless; proportionality to value of property; force not likely to cause sbi

Question 8

Trespass to chattels elements

Answer 8

interference with P’s right of possession; through dispossession/use; intent to do the act. Mistake of law/fact NOT a defense

Question 9

Damages for trespass to chattels

Answer 9

Actual or loss of use. No loss of use damages without dispossession. Measured by diminished value or cost of repair

Question 10

Conversion elements

Answer 10

Intent control the chattel; interference with P’s right of possession; that deprives P of use of the chattel. Mistake NOT a defense, transferred intent does NOT apply

Question 11

Damages for conversion

Answer 11

Full value of the property or replevin

Question 12

Cardozo duty

Answer 12

Plaintiffs who are in the zone of foreseeable harm are owed a duty of care

Question 13

Andrews duty

Answer 13

If D can foresee harm to anyone resulting from their negligence, owe duty to everyone who is harmed

Question 14

Landowner liability for unknown trespassers: traditional

Answer 14

Refrain from wanton, willful, reckless, intentional misconduct

Question 15

Landowner liability for discovered or reasonably anticipated trespassers: traditional

Answer 15

Warn about concealed, dangerous artificial conditions

Question 16

Attractive nuisance elements (4)

Answer 16

reason to know the artificial condition poses unreasonable risk to children; children DID NOT appreciate the danger b/c of their youth; utility is slight compared to risk; failure to exercise reasonable care to protect.

Question 17

Negligent entrustment tort

Answer 17

Knows or should have known of the user’s negligent propensities

Question 18

Does dram shop liability extend to social hosts?

Answer 18

Not under common law, but yes under some modern jurisdictions.

Question 19

Is contributory negligence a defense against strict liability

Answer 19

No unless unforeseeable misuse of product, but in comparative fault jurisdictions it may reduce recovery

Question 20

Falsity for defamation: affirmative defense or element?

Answer 20

For public figures/matters, element. For private persons, affirmative defense

Question 21

Defamation fault for matters of public concern with private individual

Answer 21

Either negligence or actual malice

Question 21

Defamation fault for matters of public concern with private individual

Answer 21

Either negligence or actual malice

Question 22

Most disfavored privacy tort?

Answer 22

Public disclosure of private facts

Question 23

Public Nuisance

Answer 23

Act that unreasonably interferes with HEALTH, SAFETY, or property rights of the community

Question 24

Private Nuisance (3)

Answer 24

Substantially (objective) and unreasonably (severity outweighs utility) interferes with another's use and enjoyment of their land

Question 25

Can one voluntarily assume risk if one is intoxicated?

Answer 25

Likely, no

Question 26

Must a landowner warn licensees about dangers when they're already aware of the dangers?

Answer 26

NO, only have to warn about hidden, unknown dangers that the landowner should be aware of

Question 27

Abnormally dangerous activity

Answer 27

An activity that has a high risk of harm, that is not commonly found in the community, where the risk cannot be eliminated with due care.

Question 28

Abnormally dangerous activity

Answer 28

An activity that has a high risk of harm, that is not commonly found in the community, where the risk cannot be eliminated with due care.