Torts MEE rules Flashcards

(10 cards)

1
Q

market share liability doctrine

A

Under the market share liability doctrine, if the plaintiff’s injuries are caused by a fungible product and it is impossible to identify which defendant placed the harmful product into the market, the jury can apportion liability based on each defendant’s share of the market.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

alternative causation doctrine

A

Under the alternative causation doctrine, if the plaintiff’s harm was caused by (i) one of a small number of defendants, (ii) each of whose conduct was tortious, and (iii) all of whom are present before the court, then the court may shift the burden of proof to each individual defendant to prove that his conduct was not the cause in fact of the plaintiff’s harm.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

concert of action doctrine

A

Under the concert of action doctrine, if two or more tortfeasors were acting pursuant to a common plan or design and the acts of one or more of them tortiously caused the plaintiff’s harm, then all the defendants will be held jointly and severally liable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

res ipsa loquitor immediate excpetion

A

res ipsa loquitor does not permit an inference of neg when the P was harmed by a temporary danger that could have arisen immediately before the injury occurred

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

CL rescuer doctrine

A

allows a P-rescuer to est a prima facie neg case by proving
(1) they were injured while attempting to rescue another, and
(2) that person’s peril was caused by the D’s failure to use reasonable care.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

strict products liability elements

A

A strict products liability claim requires proof of :

(3)vThe defendant(s) were commercial sellers (eg, manufacturer, retailer).
(2) The product was defective at the time it left the defendant’s control.
(3) The defect caused the plaintiff physical harm (ie, bodily harm or property damage). Strictly economic damages do not meet this last burden.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

economic damages and strict products liability

A

Claims for purely economic loss, including harm to the defective product itself and consequential damages arising therefrom, are not allowed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Misappropriation of the right to publicity

A

the unauthorized use of the plaintiff’s identity—ie, name, likeness, or item closely associated with the plaintiff—for the defendant’s benefit (typically for a commercial purpose).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

felony murder and the death penalty

A

The death penalty cannot be imposed on an accomplice to felony murder who did not kill or intend to kill—unless the accomplice (1) significantly participated in the felony and (2) acted with reckless indifference to human life.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

mechanical device to protect property

A

A mechanical device is a privileged means of protecting property when it is (1) reasonably necessary to protect the property from intrusion, (2) not unreasonably dangerous, (3) customarily used for this purpose or reasonable care is taken to make its use known, and (4) not intended or likely to cause death or serious bodily harm.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly