Torts - Wrongs Flashcards
Why does a claim for negligent infliction of emotional distress usually fail?
π must show actual physical contact as a result of ∆’s actions, or suffering of some actual physical harm
What is typically required for joint and several liability?
A concerted action by the ∆s
If ∆ mistakenly took something thinking it was hers, can she be liable for conversion?
Yes; the intent involved refers to the physical act that results in the conversion, not to the ∆’s desires regarding the ultimate disposition of the property.
Is the violation of a statute the reason that a π will win on a negligence per se theory?
Not exactly.
The statute creates the standard for reasonable conduct. The ultimate reason for a ∆ to lose is failure to take reasonable care.
When does joint and several liability apply?
When two or more tortious acts combine to proximately cause an indivisible injury to a plaintiff.
This means each tortfeasor is liable to the plaintiff for the entire damage incurred.
If a π was negligent in a contributory negligence jurisdiction, what could he show that will still allow recovery?
∆’s conduct was reckless or wonton.
In order to be an effective claim, when must a negligent design become apparent?
Before the product reaches the public.
An unanticipated explosion causes debris to fly onto a neighboring property. Is this trespass?
No. Maintenance of this action requires a showing of an intention to send the debris onto the neighboring land. Thus, the intent element is missing.
What is a licensee, regarding persons entering another’s property? What duties does a landowner owe to a licensee regarding conditions?
A licensee is a person who enters land with the owner’s permission, for his own purpose or business rather than for the owner’s benefit.
In this case, the landowner has a duty to warn of or make safe a dangerous condition known to the owner that creates an unreasonable risk of harm to the licensee and that the licensee is unlikely to discover. No duty to to inspect for defects nor to repair known defects.
When is an employer entitled to indemnity from an employee who has committed a tort?
When the employer is being held liable under respondeat superior doctrine.
What are the prima facie elements of a claim for false light invasion of privacy?
(1) publication of facts about π by ∆ placing π in a false light in the public eye, and
(2) the “false light” must be something that would be highly offensive to a reasonable person under the circumstances
May a vicious guard dog be used to guard property?
No, probably not.
One may use only reasonable force to defend property, and a vicious dog will cause death or serious bodily harm.
This is akin to indirectly using deadly force such as a trap or spring gun.
What does a Dramshop Act do?
Opens up bartenders to liability for drunken conduct of patrons after leaving.
What is required for to fulfill the “publication to a third person” element of defamation?
(1) Communication must be intentional or negligent (depending on the circumstances)
(2) Thus, it must be foreseeable that a third person will hear the communication
What is the qualified privilege to what would otherwise be liability for defamation?
A qualified privilege is recognized when the recipient has an interest in the information and it is reasonable for the defendant to make the publication of the statement.
