Torts Elements

Question 1

Trespass

Answer 1

1) Act
2) Intentionally
3) Causation
4) Entry
5) Plaintiff’s Land
6) W/O Consent

Question 2

Private Nuisance

Answer 2

1) Act or Omission Act
2) Substantial and
3) unreasonable
4) interference with P’s use and enjoyment of land
5) Possession of Land
6) Factual/ Prox Cause
7) Plaintiff Significant Harm

Question 3

Public Nuisance

Answer 3

1) Act (underlying tortious conduct)
2) Fact/ Pros Cause
3) unreasonable
4) Interference with/ public health and safety
5) private Plaintiff (significant harm in kind not degree

Question 4

Public Disclosure of Private Facts

Answer 4

1) Gave publicity
2) private matter
3) highly offensive to a reasonable person
4) not legit public interest
5) factual prox cause
6) actual damages

Question 5

Intrusion Upon Seclusion

Answer 5

1) intentionally
2) causes
3) intrusion
4) upon seclusion
5) private matter
6) highly offensive

Question 6

False Light

Answer 6

1) gave publicity to matter concerning P
2) placed in false light
3) highly offensive to a reasonable person
4) actual malice
5) factual/ prox cause
6) actual damages

Question 7

Appropriation of likeness

Answer 7

1) intent to use
2) name, likeness, other indetifiers
3) for trade, commercial or other advantages
4) without consent
5) factual/ prox cause
6) actual harm

Question 8

Spousal/ Parental Immunity

Answer 8

1. Preserve Domestic Tranquility
2. Preclusion of Fraudulent Claims
3. Permit Discipline or legal unity

Question 9

Charitable Immunities

Answer 9

Generalll

Question 10

NIED

Answer 10

1) negligence
2) causation of severe emotional distress
3) proof of genuinness
4) Proof that the plaintiff was the primary victim or bystander

Question 11

Dillon v. Legg (Foreseeability)

Answer 11

1) physically near
2) contemporaneously observed
3) closely related

Question 12

Zone of Danger

Answer 12

1) suffered emotional distress
2) within the zone of dancer
suffered emotional distress because of physical injury
3) closely related

Question 13

Risk of Impact

Answer 13

1) requires some physical manifestation of stress

Question 14

Strict Liability

Answer 14

1) act or omission to act
2) D
3) B
4) C
5) PC
6) Dam

Question 15

What are the defenses to negligence?

Answer 15

1) contributory negligence
2) Comparative Fault
3) Assumption of the risk
4) Statute of Limitations
5) Statutes of Repose

Question 16

A manufacture/ supplier can be negligent in 5 ways:

Answer 16

1) manufacturing flaw
2) failure to reasonably inspect
3) negligent design
4) failure to warn
5) failure to use care to make the product with quality components

Question 17

What is always a complete bar to recovery- classic contributory negligence ?

Answer 17

Classic Contributory Negligence

Question 18

Sometimes a complete bar to recovery

Answer 18

contributory negligence supplemented by last clear chance

Question 19

Always a partial bar

Question 20

Attractive Nuisance

Answer 20

1) Possessor knows or should know that children are likely to trespass
2) condition is one that the possessor knows or should have known would cause an unreasonable risk of harm
3) children because of their age can’t appreciate the gravity of the risk
4) Utility/ Expense is less than the injury

Question 21

Vicarious Liability

Answer 21

1) Actor was an employee
2) who acted in the scope in their employment

Question 22

Assumption of Risk

Answer 22

1) know the particular risk
2) voluntarily
3) assume it

Question 23

Implied Assumption of the risk

Answer 23

1) know the particular risk
2) the risk was specific
3) about which risk plaintiff was actually deal
4) plaintiff appreciates the magnitude of risk and
5) the risk was create by Defendants negligence

Question 24

Express Assumption of the Risk

Answer 24

1) an agreement, usually written
2) Affirmative defense

Question 25

Secondary Assumption of the Risk

Answer 25

1) Relates to special risks
2) Affirmative defense
3) secondary assumption

Question 26

Misrepresentation

Answer 26

1) a misrepresentation of a material present or past fact
2) scienter
3) intent to induce reliance
4) subjective reliance
5) causation

Question 27

Types of Misrepresentation

Answer 27

1) Predictions and expressions of opinions
2) Misrepresentation by Conduct
3) Misrepresentation of law or special fact
4) Misrepresentation by Silence

Question 28

Joint Liability