What 2 things are required for proving legal causation?
Actual and Proximate cause.
Actual: “but for” defendant’s conduct, plaintiff would not have been hurt.
Proximate: “was the harm a foreseeable result of defendant’s action?”
What can parents recover economic damages for in a wrongful birth action?
(not sure if I like how this one is worded)
Parents can recover economic damages for a doctor’s negligent failure to diagnose a hereditary or congenital condition where, had they known of it, they would not have proceeded with the pregnancy.
Does the plaintiff need to have been in the “zone of danger” in order to recover under a Negligent Infliction of Emotional Distress (N.I.E.D.) claim?
Yes. Plaintiff must have been in the zone of danger at time of negligent conduct to recover in an N.I.E.D. claim.
Who brings a wrongful birth action against a doctor? The parents, or the children?
Parents
Who brings a wrongful life action against a doctor? The parents, or the children?
The children.
In products liability cases based on strict liability, is it a requirement that suppliers get an opportunity to inspect products?
(not sure if I like this card)
No. Products liability cases based on strict liability DO NOT require that suppliers have an opportunity to inspect.
Strict Products liability applies only to one group. Who?
Only to commercial sellers of defective products that cause injury.
Does a retailer’s inaction regarding a discovered product defect impact fault determination?
(might be too specific. Consider deleting?)
Yes. The retailer’s inaction regarding a discovered (known about) product defect shifts some fault onto the retailer.
ex: Toyota dealership knows of a defect. Toyota Corporate tells dealer to recall and fix affected vehicles. Dealership ignores. Fault partially shifts to dealership from corporate.
When does an intermediary’s conduct become a superseding cause of harm?
When it becomes more than ordinary negligence.
ex: Car dealership knowingly ignores Corporate’s instructions to recall vehicles that have a defect. Vehicle with defect sold by dealer explodes and harms the customer who bought it. Dealership’s conduct is now superseding cause of harm.
Are manufacturers strictly liable for defects, even if they did not know or have reason to know of them?
Yes.
Does an intermediary’s negligent failure to recognize the danger of a product cut off the supplier’s strict liability?
No.
Generally, is the principal held vicariously liable for the torts of their independent contractors?
No.
What are the 2 exceptions that make a principal vicariously liable for the torts of their independent contractors?
(1) when an independent contractor is involved in inherently dangerous activities, and
(2) when the principal has a duty that is simply non-delegable for reasons of public policy.
When does a person lose their status as an invitee?
When they exceed the scope of their invitation.
ex: going onto part of property where invitation cannot reasonably be said to extend.
Do common carriers owe a duty to passengers to furnish assistance when they are subject to danger?
Yes.
Especially when the danger and foreseeable risk of harm are the result of conditions created by the common carrier.
Does a claim for false imprisonment require an actual injury to the plaintiff?
No.
Actual injury to the plaintiff is not required in false imprisonment cases UNLESS the plaintiff is unaware of the confinement.
What are the 2 elements required for a “False Light” Publication Invasion of Privacy?
(1) publication of facts about plaintiff by defendant that paint plaintiff in false light in the public eye
(2) the “false light” must be something that would be highly offensive to a reasonable person under the circumstances.
Do common carriers owe a higher duty of care?
Yes. They owe a significantly heightened duty of care.
Their duty of care is based on negligence.
Generally, what is the duty owed by a landlord to GUESTS of their tenants?
To act reasonably.
Generally, a landlord’s duty to guests of tenants is to act reasonably.
Conversion entitles the owner of an object to damages for _____ at time of conversion.
the full amount of the item’s value (full market value) at time of conversion
ex: car worth $12k. Conversion occurs. $3k of damage done to car. Car’s owner is entitled to $12k in damages.
What does the “incomplete” privilege of Private Necessity do?
Allows for intrusion onto property of another to avoid serious personal threat to life or property, but keeps liability for any actual damage caused by the intrusion.
What 3 things must be proven to lay the framework for a products liability case?
- Defendant was a Commercial Seller
- A defect in the product existed
- The defect was the actual and proximate cause of the plaintiff’s harm.
What 3 tort claims should one look to analyze if products liability is present?
- Strict liability
- Negligence
- Warranty (and breach of.) Either express or implied warranty.
What is required to successfully assert the defense of comparative negligence?
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Contracts52
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Torts42
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Evidence44
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Criminal Law and Procedure15
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Property43
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General Bar Exam Review1
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Bar Exam Rules Mnemonics52
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Hearsay Exceptions23
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Constitutional Law45
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Agency and Partnerships43
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Professional Responsibility52
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Corporations65
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Civil Procedure13
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Business Associations0
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Wills and Trusts0
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Concepts/Things I Keep Forgetting47
