Tort Law and Products Liability

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Questions and Answers

A bill collector threatens a debtor's mother with physical harm, imprisonment of the debtor, and a lien on her house, causing her to suffer heart attacks. What tort is most applicable?

Trespass to land, due to the threat of a lien.
Trespass to chattel, due to emotional distress.
Conversion, due to the nature of the threats made.
Intentional infliction of emotional distress, due to extreme and outrageous conduct. (correct)

A survey crew mistakenly enters and damages landscaping on private property. What legal recourse does the landowner have?

The landowner can claim trespass to land and is entitled to compensation for the damages. (correct)
The landowner has no recourse, as the entry was a mistake.
The landowner can sue for conversion, as their property was altered.
The landowner can only claim compensation if the crew acted intentionally.

An employee takes home a drill without permission, intending to return it the next day. The drill breaks while in their possession. What is the employee liable for?

The employee is only liable if they intended to break the drill.
The employee is only liable for the cost of repair, not lost profits.
The employee is not liable since they intended to return the drill.
The employee is liable for the cost of repair/replacement and any lost profits due to downtime. (correct)

A company controller embezzles corporate funds and covers it up in financial statements. Which tort is most applicable to the embezzlement itself?

Conversion. (C) Signup and view all the answers

How does trespass to land differ from trespass to chattel?

Trespass to land involves entering or causing something to enter private land, while trespass to chattel involves interfering with the use or possession of personal property. (B) Signup and view all the answers

What is the key element that distinguishes intentional infliction of emotional distress from other torts?

Extreme, outrageous, or reckless conduct intended to cause emotional or mental distress. (D) Signup and view all the answers

Which of the following scenarios would most likely constitute trespass to chattel?

Borrowing a friend's car without permission and returning it with a dent. (C) Signup and view all the answers

How does conversion differ from trespass to chattel?

Conversion involves a major interference with property rights, justifying payment of the chattel's full value, while trespass to chattel involves a minor interference. (B) Signup and view all the answers

In a jurisdiction that follows comparative negligence, if a plaintiff is found to be 30% responsible for their injuries, how does this typically affect the damages they can recover from the defendant?

The plaintiff's recovery is reduced by 30%. (D) Signup and view all the answers

Which of the following best describes the key difference between comparative negligence and contributory negligence?

Comparative negligence reduces the plaintiff's recovery based on their degree of fault, while contributory negligence completely bars recovery if the plaintiff is at all at fault. (C) Signup and view all the answers

To successfully assert the defense of assumption of the risk, what must a defendant prove?

The injured party knew of the risk, voluntarily participated in the activity, and the risk was inherent in the activity. (B) Signup and view all the answers

What is the primary purpose of awarding punitive damages in negligence cases?

To punish the tortfeasor and deter similar conduct by others. (C) Signup and view all the answers

In a negligence case, if a jury determines that the plaintiff suffered $50,000 in damages and the defendant was 75% responsible, but the plaintiff was 25% responsible, how much would the plaintiff recover under comparative negligence?

$37,500 (D) Signup and view all the answers

Which of the following states still adhere to the doctrine of contributory negligence for most negligence claims?

North Carolina (B) Signup and view all the answers

In what specific type of negligence case does Indiana still follow the contributory negligence rule?

Medical malpractice (A) Signup and view all the answers

Which scenario exemplifies assumption of risk?

A spectator is injured by a foul ball at a baseball game, where warnings about the risk are prominently displayed. (D) Signup and view all the answers

In the case between Nelson and TA, what was the central issue that led to Nelson's defamation claim?

TA's statements to Republic regarding Nelson's termination and removal from flying status. (A) Signup and view all the answers

According to the court, what condition must be met for defamation to be considered actionable in a professional context?

The statements must allege improper conduct, lack of skill, or integrity in one's profession and be likely to cause injury. (B) Signup and view all the answers

What was TA's primary defense against Nelson's defamation claim, and why did the court ultimately reject it?

TA asserted the employer reference privilege, but the court determined TA acted with malice, nullifying the privilege. (B) Signup and view all the answers

In the context of this case, what constitutes 'malice' that would defeat a qualified privilege in a defamation claim?

Making statements with knowledge that they were false or with an improper motive. (C) Signup and view all the answers

What specific evidence did the court cite as support for the jury's conclusion that TA acted with malice?

Evidence suggesting Nelson was laid off due to lack of work, was never removed from a flight for performance reasons, and was not offered additional training. (A) Signup and view all the answers

How did TA's actions violate the procedural requirements related to providing references, potentially contributing to the defamation claim?

By not sending copies of the records to Nelson, preventing him from correcting inaccuracies. (C) Signup and view all the answers

What is the significance of the phrase 'improper motive' in the court's decision regarding the defamation claim?

It suggests that TA made the defamatory statements for reasons unrelated to legitimate business interests or good faith. (D) Signup and view all the answers

An employee occasionally takes pens and paper clips from their workplace to give to their children for school. Under which legal concept would this action most likely be examined?

Intentional tort, specifically conversion or theft, for taking company property. (D) Signup and view all the answers

In the context of online content liability, what key distinction did the court in Cubby Inc. v. CompuServe, Inc. make regarding ISPs?

ISPs are more akin to distributors like bookstores, not publishers, unless they edit, review, or reformulate content. (D) Signup and view all the answers

In the scenario with Frank, the used-car salesman, what tort could the customer potentially claim against Frank after discovering Bill Gates never owned the car?

Fraud, due to Frank's intentional misrepresentation of a material fact that the customer relied upon. (B) Signup and view all the answers

What potential impact does this case have on employer reference practices?

It reinforces the importance of ensuring accuracy and fairness when providing references, especially regarding negative information. (D) Signup and view all the answers

How did the Stratton Oakmont v. Prodigy Services Company case differ from the Cubby Inc. v. CompuServe, Inc. ruling regarding ISP liability for defamatory content?

It ruled that an ISP could be held liable as a publisher if it exercises editorial control over the content. (A) Signup and view all the answers

Which of the following elements is NOT required to prove defamation?

The statement is made with the intent to cause emotional distress. (D) Signup and view all the answers

A company is accused of intentional interference with a contract. Which condition must be met for the company to be liable?

The company had specific knowledge of the contract and intentionally disrupted its proper execution. (D) Signup and view all the answers

What was the critical factor that led the court in Stratton Oakmont v. Prodigy Services Company to consider Prodigy a publisher rather than a distributor?

Prodigy's stated policy of reserving the right to eliminate objectionable postings. (B) Signup and view all the answers

What differentiates negligence from intentional torts?

Negligence involves an unreasonable risk of harm without intent to cause harm, while intentional torts involve a deliberate act. (B) Signup and view all the answers

Which of the following scenarios would most likely result in an ISP being held liable for defamation, based on the principles established in Stratton Oakmont v. Prodigy Services Company?

An ISP employs editors who review and approve all user-submitted articles before they are published on the site. (D) Signup and view all the answers

A store owner detains a customer they suspect of shoplifting, but it turns out the customer was innocent. Under what conditions might the store owner AVOID liability for false imprisonment?

The detention was temporary, reasonable, and based on probable cause. (D) Signup and view all the answers

What is the primary legal risk for a publication, such as American Tattler, that publishes a defamatory feature article?

Liability for damages resulting from the defamation. (C) Signup and view all the answers

If a gossip columnist is hired by America Online (AOL) to write an article containing defamatory content, who is liable for damages?

Both the gossip columnist and America Online (AOL) may be liable, depending on the level of editorial control exerted by AOL. (D) Signup and view all the answers

In a negligence case, what must the injured party demonstrate to prove liability?

The tortfeasor's unreasonable conduct resulted in injuries or damages. (D) Signup and view all the answers

What is the primary remedy provided to an injured party in a negligence case?

Compensation for injuries or damages suffered as a result of the negligence. (B) Signup and view all the answers

Which statement best describes the evolution of legal perspectives on ISP liability for defamation in the 1990s?

Courts presented conflicting views, with some treating ISPs as distributors and others as publishers based on their level of editorial control. (A) Signup and view all the answers

An ISP operates a forum with the following features: user posts are screened by AI for hate speech, and human moderators remove reported posts. According to the cases discussed, how would this ISP likely be viewed concerning liability for defamatory content?

Likely to be viewed as a publisher, similar to the Stratton Oakmont v. Prodigy Services Company ruling. (C) Signup and view all the answers

In the Zeidman v. Fisher case, what was the primary reason the Pennsylvania Superior Court reversed the trial court's decision?

Zeidman did not fully understand and voluntarily accept the specific risk involved. (C) Signup and view all the answers

According to the Zeidman v. Fisher case, what three elements must be demonstrated to establish assumption of risk?

Complete understanding of the specific risk, voluntary choice to encounter it, and a willingness to accept the known risk. (A) Signup and view all the answers

In the context of 'inherently dangerous' activities, what actions do companies providing these services need to undertake to gain limited protection from liability?

Act reasonably to minimize dangers and fully disclose risks to participants. (D) Signup and view all the answers

Why might a participant in a sport like golf not automatically assume the risk of being hit by a golf ball, according to the principles illustrated in Zeidman v. Fisher?

The specific circumstances might lead a reasonable person to believe the risk was mitigated or non-existent at that moment. (C) Signup and view all the answers

What was Zeidman's specific task that influenced the court's decision regarding assumption of risk?

Checking whether the fairway was clear before anyone hit their shot. (D) Signup and view all the answers

In the Zeidman v. Fisher case, what factor played the MOST significant role in determining whether Zeidman assumed the risk?

Zeidman's agreement to check the fairway and report back to his group. (A) Signup and view all the answers

What is a key difference between participating in an inherently dangerous activity and the scenario in Zeidman v. Fisher regarding assumption of risk?

Participants in inherently dangerous activities are generally aware of and accept the explicit risks, while in Zeidman v. Fisher the risk was not yet determined. (A) Signup and view all the answers

How does the Zeidman v. Fisher case refine the understanding of the 'assumption of risk' doctrine in recreational sports?

It illustrates that merely participating in a sport does not automatically imply acceptance of all potential risks. (B) Signup and view all the answers

Flashcards

Defamatory Feature

A published statement damaging to someone's reputation.

Liability of Publishers

Responsibility of publishers for defamatory content they distribute.