Torts

Question 1

NIED Theories

Answer 1

Zone of Danger
Bystander Claim
Pre-existing Relationship

Question 2

Strict Liability: ADA factors

Answer 2

1) not of common usage in the community
2) creates foreseeable and highly significant risk of physical harm

Question 3

Strict Products Liability Elements

Answer 3

1) Product was Defective
2) Product not altered when it reached P
3) Product caused injury when it was being used as intended or unintended but in a foreseeable use
4) D is a commercial supplier

Question 4

Strict Products Liability: Defective Product Theories

Answer 4

1) Manufacturing Defect
2) Failure to Warn
3) Design Defect

Question 5

Strict Products Liability: Manufacturing Defect

Answer 5

1) Product differs from the intended design
2) is more dangerous than if made properly

Question 6

Strict Products Liability: Failure to Warn

Answer 6

1) P was not warned of the risks regarding the use of the product AND
2) the risks are not obvious to an ordinary user but known to the manufacturer

Question 7

Strict Products Liability: Design Defect

Answer 7

Exists when there is a safer, more practical way to produce a product with similar costs. Two ways of showing
1) Consumer Expectation Test: Dangerous beyond expectation of ordinary consumer
2) Risk-utility test: Risks>Benefits and reasonable alternative design feasible

Question 8

Strict Products Liability: Government Safety Standard

Answer 8

Compliance: Not conclusive evidence that product is not defective, but will be considered
Non-compliance: conclusive evidence product is defective

Question 9

Prima Facie Case of Defamation

Answer 9

1) D made false defamatory statement concerning plaintiff
2) D published statement to 3rd party
3) P suffered damages

Statement must be one of fact and not opinion

Truth is an absolute defense

Question 10

Slander

Answer 10

Oral defamatory statements. P must always prove special damages unless it is slander per se

1) impugning the business integrity/skill of P
2) Statement of unchastity about unmarried woman
3) Statement P has loathsome disease
4) Attributing P of a crime of moral turpitude

Question 11

Libel

Answer 11

Written defamatory statements. P need not prove special damages unless
1) Statement does not fall within slander per se AND
2) Defamatory nature is not clear on its face

Question 12

Defense to Defamation

Answer 12

1) Truth
2) Consent
3) Absolute Privilege for
a. judicial legislative proceedings
b. legislators/federal/state officials in course of duties
c. between spouses
d. required publications
4. Qualified privilege: affecting important public interest, in interest of D or 3rd party. Must speak in good faith and not be reckless as to truthfulness

Question 13

Invasion of Privacy Tourts

Answer 13

I FLAP
1. Intrusion upon Seclusion
2. False Light
3. Misappropriation
4. Public Disclosure of Private Facts

Question 14

Intrusion Upon Seclusion

Answer 14

Defendant intrudes into the private affairs of the P and the P has a reasonable expectation of privacy and the intrusion is highly objectionable to a reasonable person

Question 15

False Light

Answer 15

Defendant caused widespread dissemination of the plaintiff’s beliefs, thoughts, or actions in a false light that would be highly objectionable to a reasonable person.

Question 16

Misappropriation

Answer 16

Used P’s name or likeness for defendants commercial advantage.

Question 17

Public Disclosure of Private Facts

Answer 17

Defendant caused widespread dissemination of truthful private information that would be highly objectionable to a reasonable person.

Question 18

Negligent misrepresentation

Answer 18

1. D made a misrepresentation
2. The misrepresentation was supplied for the guidance of P in a business transaction
3. D knew or should have known that the information was supplied to guide the plaintiff in a business transaction
4. D was negligent in obtaining or communicating the false information
5. Actual and reasonable reliance by the P
6. False information proximately caused the damages