Torts

Question 1

Strict Products Liability

Answer 1

(1) D is a commercial seller (manufacturer, distributor, retailer) sold to a foreseeable user
(2) product was defective when it left their control (analyze types of defects)
(3) used in the manner intended and has not been changed
(4) defect caused harm

Question 2

Types of Defects

Answer 2

• Manufacturing defect
• Design Defect
• Warning Defect

Question 3

Manufacturing Defect

Answer 3

deviation from intended design AND more dangerous than if properly made

Question 4

Failure to Warn

Answer 4

not warned of known risks to manufacturer AND risks are not obvious to ordinary user

Question 5

Design Defect

Answer 5

There was a way to build a product that is (1) safer, (2) more practical, AND (3) similar cost (balance alternative designs against risk)

Question 6

Products Liability Negligence

Answer 6

Regular negligence analysis
Duty to all foreseeable users
- reaonsbaly prudent supplier standard
- misuse only cut chain if not foreseeable

Question 7

Products Liability Breach of Warranty

Answer 7

Requires all goods sold by MERCHANT to be fit for their ordinary purpose

Question 8

Misappropriation of Name/Picture

Answer 8

the unauthorized use of the plaintiff’s likeness or image for profit

Question 9

False Light

Answer 9

portray someone in a manner that is not correct

Question 10

Invasion of Privacy

Question 11

Public Disclosure of Private Facts

Answer 11

taking your records or information and putting it out there
- if newsworthy, not private

Question 12

Defamation Elements

Question 13

Slander

Answer 13

Spoken statements - requires special damages unless slander per se

Question 14

Slander Per Se

Answer 14

• business reputation
• chasity of women
• crime of moral turp
• loathsome disease

Question 15

Public Official/Figure

Answer 15

Actual malice: reckless disregard of the truth

Question 16

Private Individuals

Answer 16

Negligent as to the truth (didn’t take the steps to verify)

Question 17

Respondeat Superior

Answer 17

Vicarious Liability- employer is liable for negligent actions of their employees within the scope of employment

Question 18

Independent Contractors

Answer 18

Generally not liable for their actions unless
- abnormally dangerous
- non-delegable duty
- dangerous work

Question 19

Negligent Infliction of Emotional Distress

Answer 19

(a) Near Miss: must be foreseeable and zone of danger and physical symptoms
(b) Bystander: witness to bodily injury inflicted on fam member
(c) Pre-existing relationship: must be foreseeable distress

Question 20

Pure Comparative Negligence

Answer 20

DEFAULT
If P is also negligent, they will still recover but damages reduced by their % of fault

Question 21

Partial Comparative negligence

Answer 21

If P is more than 50% at fault, get nothing.
If less than 50%, reduced by own %

Question 22

Contributory negligence

Answer 22

Damages barred if P contributed even 1%. (unless D had the last opportunity OR D was reckless)

Question 23

Actual Cause

Question 24

Proximate Cause

Question 25

Intervening Cause

Question 26

Res Ipsa Loquitur

Answer 26

(1) P's harm would not normally occur unless someone was negligent (2) exclusive control or responsible over those who had control (3) P did nothing to cause the harm

Question 27

Undiscovered Trespasser

Answer 27

No duty of care owed

Question 28

Discovered Trespasser

Answer 28

Duty to warn or make safe known unreasonably dangerous concealed artificial conditions

Question 29

Licensee

Answer 29

Warn or make safe all known concealed dangers

Question 30

Invitee

Answer 30

- there for economic benefit - enter land open to the public warn or make safe all dangers that the landowner knows or should know of (duty to inspect)

Question 31

Children

Answer 31

duty of care of a child of like age, intelligence, and experience

Question 32

Several Liability

Answer 32

when multiple defendant's cause P's harm, she can recover from each defendant the portion of damages that corresponds with their fault % (their fuck up)

Question 33

Private Nuisance

Answer 33

Unreasonable interference with teh plaintiffs use and enjoyment - no special sensitivities

Question 34

Public Nuisance

Answer 34

An interference that affects the public at large - Private P needs special unique harm

Question 35

Intentional Misrepresentation

Answer 35

D intentionally misrepresents: (1) a material fact (2) they knew or should have known was false (3) with intent to induce reliance (4) plaintiff does rely to their detriment

Question 36

Negligent Misrepresentation

Answer 36

Negligently made a statement with a special relationship plaintiff detrimentally relied upon