BLAW Exam 2

When does strict product reliability apply?

- product so defect, unreasonably dangerous -product defective when defendant sold it -defendant must be normally engaged in selling product - plaintiff must have physical harm to themselves or property -defective condition must be proximate cause of injury -goods must not have been substantially harmed from time product was sold until time of accident

What are the 4 requirements for fraud?

1. must be w/ intent to get someone to change behavior 2.innocent party must believe lie with no access to the truth 3.must be connection b/w lie and damages 4.must be damages

What are the 3 requirements for a business tort?

1. requires contract b/w 2 parties 3rd party knows about 2. 3rd party intentionally induces 2 parties to breach contract 3. all this is done so 3rd party can benefit

defamation

1st amendment doesn't protect lies

What do you need to win a negligence case?

A- a duty of care B- breach of that duty C-causation D-damages

Kirsten sues Julie for wrongful interference with a contractual relationship. What elements must Kirsten prove to make her claim?

Kirsten must prove there was a contract between her and another party, about which Julie knew; that Julie intentionally induced the other party to breach that contract, for Julie's benefit.

Marissa, a customer of Gucci, slips and falls while shopping in a Gucci store. Marissa sues Gucci. What possible legal arguments can both Marissa and Gucci make?

Marissa can allege negligence (Gucci failed to keep her safe on its premises); Gucci might be able to defend on the basis of assumption of risk or comparative negligence.

Zach owns a comic book franchise. To help market his comic books, he uses a picture of his friend Summer on all advertisements. If Summer didn't consent to use of her image, what tort can she sue Zach for?

Misappropriation

Driving on, at the next blind spot in the road, Sam honks his horn three times to warn any teenager who may be waiting to jump in front of his car. Two blocks away, an elderly woman believes the horn is an air siren and suffers a heart attack. Is Sam liable for negligence? Why or why not?

No. Sam had a duty of care to drive his car safely. Arguably, he may have breached this duty by honking excessively — that would be a question of fact for a jury. But even if there was a breach, there was no proximate cause, as Sam could not have reasonably foreseen the injury to the elderly woman two blocks away.

A mugger, gun drawn, sneaks up behind Ryan on the street. A police officer seizes the mugger before Ryan realizes what is happening. Has the mugger committed a tort? If so, which one?

No. The mugger has committed a crime (attempted robbery) but not a tort, as Ryan was not physically touched (therefore, no battery), nor was he aware of what was happening (therefore, no assault).

Caleb is dying. Julie refuses to donate blood to save him. Has Julie committed a tort? If so, which one?

No. There is no legal duty to rescue.

Patrick owns a fast-food restaurant, which is painted with graffiti. He is convinced that 15 year old John, a frequent customer, is the culprit. The next time John comes to the restaurant, Patrick locks the mens room door while John is inside. Patrick calls the police, but because of the misunderstanding, the police are very slow to arrive. John shouts and cries for help, banging on the door, but Patrick does not release him for 2 hours. John sues. He claims that he has suffered great psychological harm because of the incident; his psychiatrist asserts that John may have unpredictable suffering in the future. John sues for assault, battery, and false imprisonment. Will he win? May John return to court in the future to seek further damages?

Patrick committed false imprisonment. The single recovery principle forces John to recover now for all past and future harm. He may NOT return to court later and seek additional damages

Penzoil, texaco, Getty oil all 3 major oil companies in Houston, tx. Getty oil and Pennzoil had been working on new contract to work together (public knowledge) they come to agreement, press conference covers this. Texaco jealous of the engagement, they call their New York lawyers, the lawyers say the deal was announced but nothing had been signed. So Texaco gave Getty a better deal. Getty decides to go with Texaco. Penzoil sues Getty for breaking contract, they also sue Texaco for for wrongful interference with contract. Texaco claims that it wasn't in writing. Who wins the case?

Penzoil, in Texas spoken contract is just as firm as written

Dennis Quade gets married, his wife has twins. They are born premature. Both babies simultaneously have medical emergencies. The doctor tells the nurse to give them each 10units of heparin. Nurse accidentally grabs wrong amount and almost kills the babies. Quade sues the owners of heparin because all of the files they make look the exact same no matter the dosage. Who wins the case?

Quade, Heparin could have color coded the viles to avoid this

Ryan, a science fan, decides to conduct a chemistry experiment involving explosives. Rather than go to the chemistry lab, Ryan sets up and conducts the experiment in his pool house. The experiment goes awry, and four houses on Ryan's block catch on fire and burn to the ground. Is Ryan liable? If so, under what theory of tort and how? What elements must his neighbors prove to make their case?

Strict liability, based on the abnormally dangerous activities doctrine. The activity posed a serious risk of injury to person or property; the activity's risk could not be completely guarded against; and the activity was performed in an area where it is not common.

T/F the Wheel of fortune lady sues Samsung for using a robot dressed like her due to appropriation

T

conversion

Taking or using someone's personal property without consent (requires no motive)

Benzaquin had a radio talk show. On the program, he complained about an incident in which state trooper Fleming had stopped his car, apparently for lack of a proper license plate and safety sticker. Benzaquin explained that the license plate had been stolen and the sticker fallen onto the dashboard, but Fleming refused to let him drive away. Benzaquin and two young grandsons had to find other transportation. On the show, Benzaquin angrily recounted the incident, and then described Fleming and troopers generally: "we're not paying them to be dictators and Nazis"; "this man is an absolute barbarian, a lunkhead, a meathead." Fleming sued Benzaquin for defamation. Comment. Review the elements of defamation. Can these statements be proven true or false? If not, what is the result? Look at the defenses. Does one apply?

The court ruled in favor of Benzaquin because a reasonable person would understand the words to be opinion and ridicule. They are not statements of fact because most of them could not be proven true or false. a statement like "Dictators and Nazis" is not taken literally by anyone

2 neighbors, 1 neighbor owns a mine and the other owns a reservoir. Both are under their property. They do everything legally correct. One day the water from the reservoir floods the neighbors mine. The mine owner sues the reservoir owner. The reservoir owner says he did nothing wrong. Whats the ruling?

The court says water, like a wild animal, cannot be contained. So if water escapes you are reliable

Martin is shopping at wal-mart when he slips on ammunition that fell from a box in the gun section. The fall led to real injuries. He sues wal-mart, they say they had no clue it fell if they had known they would have picked it up. The thing is that Walmart had the ammunition in a tall skinny stack. Who did the jury side with?

The jury said this was an unsafe attempt to save shelf space. They sided with Martin, Martin won the case

You have a dry cleaner that isn't doing well, the dry cleaner across the street is doing well. So you put a sign out in front of the competing store across the street that says they are using bad chemicals while your business is not, to steal their customers. What is this an example of?

Wrongful interference with business relationship

A car salesman tells you the car has a 5 year warranty when it actually has a 1 year warranty. You try to get the car repaired after 2 years and they don't fix it so you take the damages. Is this fraud?

Yes

Can you be liable without fault?

Yes, thanks to strict liability

Professor Stokes walks and talks with her hands while she teaches. While this is happening she throws remote and it hits a student. While she would never intentionally hurt a student, she knows she is a klutz and might throw the remote by accident. Did she commit a tort?

Yes, the intentional tort of battery

At a downtown bar, Kirsten drinks to excess. As she is driving home, at the first intersection, she strikes and injures a pedestrian who was crossing with the light. Kirsten's blood alcohol level proves to be twice the legal limit. Has Kirsten committed a tort? If so, which one?

Yes. You could argue either a negligence case here (she breached her duty of care, thus causing injury), or a negligence per se case (she violated at least two statutes — DUI and failing to stop at a light), or even an assault and battery case (she knew the likely consequences of drinking and driving).

Zach, who buys comic books from Seth, sues Seth for fraudulently inducing the purchase. What must Zach prove to win his tort claim?

Zach must prove Seth made a material misrepresentation of fact with scienter (intent), on which Zach reasonably and justifiably relied, causing damages.

Al runs a red light and hits Carols car. She later sues and claims the following losses: $10,000- Car repairs $10,000- Medical expenses $10,000- Lost wages $10,000- pain and suffereing If the jury believes all of Carol's evidence and she wins her case, how much will she recieve in compensatory damages? a. $40,000 b. $30,000 c. $20,000 d. $10,000 e. $0

a

Two cars, driven by Fred and Barney, collide on a busy street in Oxford, Mississippi. At trial, the jury determines that the accident was 90 percent Fred's fault and 10 percent Barney's fault. Barney's losses total $100,000. The suit was filed in the Circuit Court of Lafayette County, Mississippi. Barney will recover ________________. a. $0 b. $10,000 c. $50,000 d. $90,000 e. $100,000

a

Which of the following factors is least important in determining whether a manufacturer is strictly liable in tort for a defective product? a. the negligence of the manufacturer b. the contributory negligence of the plaintiff c. modifications to the product by the wholesaler d. whether the product caused injury

a

refer to Jane question. If Ann decides to sue, she _________ have to show evidence that she suffered an injury. If she ultimately wins her case, a jury ______ have the option to award punitive damages. a. will; will b. will; will not c. will not; will d.will not; will not

a

Who are manufacturers liable to?

anyone hurt buy the product, not just the purchaser

punitive

awarded to victim; punish wrong do'er; and defer future wrong doing

Sam sneaks up on Tom, hits him with a baseball bat, and knocks him unconscious. Tom never saw Sam coming. He wakes up with a horrible headache. Which of the following torts has Sam committed? a. assult b. battery c. Both A and B d. None of the above

b

There is a collision between cars driven by Candy and Zeke. The evidence is that Candy is about 25% percent responsible, for failing to stop quickly enough, and Zeke about 75% for making a dangerous turn. Candy is most likely to win: a. a lawsuit for battery b. a lawsuit for negligence in a comparative negligence state c. a lawsuit for negligence in a contributory negligence state d. a lawsuit for strict liability e. a lawsuit for assault

b

Dram Shop Act

bars and restaurants are liable for serving someone alcohol and they hurt a 3rd party

Jane writes an article for a newspaper reporting that Ann was arrested for stealing a car. The story is entirely false. Ann is not a public figure. Which of the following torts has Jane committed? a. ordinary slander b.slander per se c.libel d.none of the above

c

Keith is driving while intoxicated. He swerves into the wrong lane and causes an accident, seriously injuring Caroline. Which statement is true? a. Caroline could sue Keith, who might be found guilty in her suit. b. Caroline and the state could start separate criminal cases against Keith. c. Caroline could sue Keith, and the state could prosecute Keith for drunk driving. d. The state could sue Keith but only with Caroline's consent. e. The state could prosecute Keith and sue him at the same time for drunk driving.

c

Randy works for a vending machine company. One morning, he fills up a vending machine that is on the third floor of an office building. later that day, mark buys a can of pepsi from that machine. He takes the full can to a nearby balcony and drops it three floors onto Carl, a coworker who recently started dating Mark's ex girlfriend. Carl falls unconscious. Who is considered a factual cause of carl's injuries? a. randy b. mark c. both randy and mark d. none

c

Zach lives in a state that prohibits factory laborers from working more than 12 hours in any 24 hour period. The state legislature passed the law to cut down on accidents caused by fatigued workers. Ignoring the law, Zach makes his factory employees put in 14 hour days. Eventually a worker at the end of a long shift makes a mistake and severely injures a coworker. The injured worker sues Zack. ______ will be most relevant to the case a. res ipsa loquitur b. assumption of the risk c. negligence per say d. strict liability

c

Imagine a case in which a jury awards compensatory damages of $1,000,000. If this is not a maritime case, a jury would rarely be allowed to award more than ___________________ in punitive damages. a.$1 million b $ 3 million c. $ 9 million d $ 10 million e. $25 million

c. $9 million

negligence

carelessness that causes injury

tort

civil wrong or injury

generic product made by many manufacturers, untraceable. Americans begin to get very sick, turns out asbestos knew it was a toxic product but never told anyone. Manufacturers say you can't prove it was them. What happens?

court allows victims to sue everyone industry by % chance it was them

compensatory

designed to compensate for injury; economic purpose is to put the victim in the same place they were before incident

causation in fact

did the injury happen b/c of defendants act

tresspass

entering on, above, or below property

Res Ispa Loquitor

facts speak for themselves

proximate cause

is there enough connection b/w an act and an injury to justify imposing liability

nominal

legal injury, not economic (1$)

What do public figures have to prove in order to sue for defamation?

lie was told with absolute malice

slander of title

lying about someones ownership rights

slander of quality

lying about the quality of someones property

How can products be defective?

manufacturing defect, design defect, or warning defect

Randy works for a vending machine company. One morning, he fills up a vending machine that is on the third floor of an office building. later that day, mark buys a can of pepsi from that machine. He takes the full can to a nearby balcony and drops it three floors onto Carl, a coworker who recently started dating Mark's ex girlfriend. Carl falls unconscious. Who can be considered proximate causes of Carl's injuries? a.randy b.mark c.both randy and mark d.none

mark

Do you have a legal duty to rescue someone?

no

Abnormally Dangerous Activity

no matter how careful you are you can't avoid risk

Woman at train station waiting on train, on opposite platform a guy was running trying to catch his train, he is carrying a brown box. 2 railroad employees try to help him, one pulls him while the other pushes him. The package drops, hits the railroad tracks, fireworks in the box cause a big explosion. Luggage falls on the womans head. The woman sues the railroad for negligence. Does she win the case?

no, the railroad employees couldn't foresee this happening

Driving down a one-way street in the right direction, at no more than the posted speed limit, Sam hits a teenager, who is injured. The boy had jumped in front of Sam's car from behind a stone wall to impress his friends by scaring Sam. Is Sam liable for negligence? Why or why not?

no. although sam had a duty of care to drive his car safely, there is no evidence that he breached that duty of care. No breach-no negligence.

What is an attractive nuisance?

pools or trampolines for example

mal practice

professional negligence ( careless in work)

Danger Inviles Rescue

rescuer can sue person that created dangerous situation

Caudle worked at Betts Lincoln-Mercury dealer. During an office party, many of the employees, including president Betts, were playing with an electric auto condenser, which gave a slight shock when touched. Some employees played catch with it. Betts shocked Caudle on his neck, and chased him around. The shock later caused Caudle to suffer headaches, pass out, feel numbness, and eventually to require nerve surgery. He sued Betts for battery. Betts defended saying that it was all horseplay and he intended no harm. Please rule.

the court held that it was irrelevant that Betts had showed no malice towards Caudle nor intended to hurt him. Betts intended the physical contact with Caudle, and even though he could not foresee everything that would happen, he is liable for for all consequences of his intended physical action.

A supervisor reprimanded an employee for eating in a restaurant when he should have been at work. Later, the employee showed up at the supervisors office and shot at him. Although the employee previously had been violent, management withheld this information from supervisory personnel. Is the company liable for the supervisor's injury?

this employer may have been liable for negligently hiring a previously violent employee, and it certainly did an unreasonable job retaining him w/out advising his supervisor of earlier violence. The assault was easily foreseeable, employer is liable

disparagement

undermines value of someones property (vandalism)

Appropriation

using someone's identification without consent

intentional tort

very specific, motive does not matter, did actor intend the act that caused the harm

commercial misappropriation

when a person uses takes and uses the property of another for the sole purpose of capitalizing unfairly on the goodwill or reputation of the property owner

negligence per say

when defendant violates statute causing injury

HEB can't stop an astroid, but they can put up warning signs when floor is wet. If HEB fails to warn you about the wet floors would they be liable?

yes

a man runs a stop sign and hits a woman. The woman gets hurt. Can she sue for negligence per say?

yes

Believing she is entitled to Kirsten's laptop, Julie takes it. Has Julie committed a tort, and if so, which one?

yes. Conversation.