A newspaper ran a feature article that alleged that 10 years ago a prominent husband of a CEO, who was a famous actor, ran a gambling ring to generate money for bribes to secure contracts. The story named the CEO and her husband by their surnames. Although the story was false, the reporter who wrote […]
(D) is correct. Issue: Whether the pedestrian can recover under negligence per se against the truck driver. Rule: Negligence per se applies if a statute codifies a duty for the benefit of a class of people. Statutes can create a special duty of care in addition to or in place of the general […]
A local the traffic law makes it illegal for any vehicle to stop in the crosswalk. A pedestrian crossing the street had to walk away from the crosswalk in order to walk around a truck that was stopped in the crosswalk. Thereafter, the pedestrian was struck by another car that was driving five miles above […]
(C) is correct. Issue: How will plaintiff’s own violation of a statute affect recovery? Rule: Statutes can create a special duty of care in addition to or in place of the general duty of care under the “reasonable person standard”. A statute (criminal or civil) will give rise to a special or specific […]
A state’s traffic code makes it illegal for pedestrians to cross a street when there is a “do not cross” signal. A pedestrian wanted to cross the street, but a van parked in front the traffic control signal made it impossible for the pedestrian to see the sign. The sign was blinking the “do not […]
(D) is correct. Issue: Whether the father’s actions satisfies the elements of intentional infliction of emotional distress. Rule: The elements of intentional infliction of emotional distress are: (i) defendant’s conduct must be extreme and outrageous transcending all bounds of decency tolerated by society; (ii) defendant must intend to cause, or must recklessly disregard […]
A father wanted the neighbor’s son to stay away from his daughter. One day, when he saw the son speaking with his daughter, the father chased away the son and yelled at the neighbor from across the fence. The father shook his fist and threatened to throw the son over the fence if he ever […]
(B) is correct. Issue: Whether there was a trespass to land. Rule: Trespass occurs when the defendant interferes with the plaintiff’s possession of the land. A defendant is liable for trespass to land if he intentionally enters the land of another person without lawful excuse. Note that the plaintiff need not prove actual injury to […]
A group of children often play on the grass behind their home. Sometimes the children play beyond their property and in the neighbor’s field. The neighbor repeatedly told the children’s parents that he does not want anyone crossing into his field. The children’s parents however forgot to tell their children to stay out of the […]
(D) is correct. Issue: Does the woman have a tort claim against the man when she was not touched nor did she fear being touched? Rule: Assault – an intentional tort – is defined as causing another person to reasonably fear harmful or offensive bodily contact. Assault is an attempt to commit a battery. No […]
A man sees a woman who rejected his earlier advances. The man goes up to her and pulls on her backpack. Though he stopped her briefly, the backpack was not damaged and the woman did not fear contact to herself. The man never actually touched the woman and walked away after the woman yelled at […]
Issue: Whether the fan has a valid claim against the radio station for the use of his voice without his permission. Rule: The tort of appropriation is a form of invasion of privacy. A party who uses the name or likeness of another party for its own commercial benefit is subject to liability for appropriation. […]
A fan called a radio station to compete in a contest. The disc jockey asked the fan a few trivia questions which the fan answered correctly to win the prize. The disc jockey then asked the fan to shout the name of the radio station and the fan did so enthusiastically. Without the fan’s knowledge, […]
Whether you are retaking the exam for the second, third, or even the twelfth time — the first step to success on the upcoming exam is the same. If you were unsuccessful on the bar exam and you have to take it again, you may be feeling a wave of emotions — from embarrassment to […]
(A) is correct. Issue: Whether the fan’s intent to hit the other fan with the beer can be transferred to the bystander. Rule: The doctrine of transferred intent holds that a defendant who intends to commit a tort against one person, but instead commits that or another tort upon another person will be liable to […]
During a sporting event in a crowded stadium, two fans began verbally attacking each other. One fan shoved the other and walked away. As he walked away, the other fan threw a beer can at him. The beer can missed the fan and hit a bystander. In an suit against the fan who threw the […]
(A) is correct. Issue: Whether the husband has a valid defense against a claim of battery for punching the person who struck his wife. Rule: Battery is defined as harmful or offensive contact upon the plaintiff, caused by an intentional act by the defendant. Any contact with another person can be a battery. No actual […]
A host got into a passionate debate with one of his guests at a party. The guest became infuriated at the host and threw a punch. He missed and hit a bystander instead. The guest apologized profusely, but the bystander’s husband walked over and punched the guest, breaking his nose. In a suit against the […]
(A) is correct. Issue: Whether the manager’s treatment of the customer amounts to intentional infliction of emotional distress. Rule: The elements of intentional infliction of emotional distress are: (i) defendant’s conduct must be extreme and outrageous transcending all bounds of decency tolerated by society; (ii) defendant must intend to cause, or must recklessly disregard the […]
A security guard approached a customer about to leave the store and asked the customer if he could accompany him to the manager’s office. The customer, knowing he did not do anything wrong, complied. Upon the customer’s arrival at the office, the store manager asked the customer several questions, and, without presenting any evidence, accused […]
(D) is correct. Issue: Whether the customer was falsely imprisoned and whether any defenses are available. Rule: False imprisonment is any act or a failure to act, with the intent to confine, that results in actual confinement. A shopkeeper has a privilege to detain a suspected shoplifter and no action for false imprisonment will lie […]
A store clerk asked a customer to accompany him to a back room. The customer did so and upon reaching the back room, the store clerk asked the customer several questions about past shoplifting incidents. The customer did not know anything about these incidents and asked to leave, but the clerk refused and locked the […]
(D) is correct. Issue: Whether the factory breached a duty of care to the bed and breakfast. Rule: Generally, every person owes and is owed a duty to behave as a reasonable person would under the same or similar circumstances. Negligence occurs when the following elements are established: (1) duty of care; (2) breach; (3) […]
A factory is located in a sparsely settled rural area. The factory emits noxious odors over a 5-mile radius. The factory could install equipment to reduce the odors, but such equipment is extremely expensive and not typically used in the industry. The odor carries from the plant to a bed and breakfast causing it to […]