LAW 122 – MIDTERM-QUESTIONS
AND CORRECT ANSWERS.
How to solve a legal question? - Answer I - Issue
R- Rule
A - Analysis
C - Conclusion
Tort Law - Answer includes almost every sort of private law wrong outside breach of contract
Types of torts - Answer strict liability, intentional, negligence
Strict liability - Answer Applies to very risky activities caused by wild or exotic pets or
wandering cattle.
no intention
no carelessness
the fact that it happened is enough
Inentional - Answer Committing battery by shoving someone or throwing something on
another's person lawn
Negligence - Answer when is harm is caused carelessly
assault - Answer D intentionally causes P to reasonably believe that offensively bodily contact
is imminent
battery - Answer offensive bodily contact
invasion of privacy - Answer person, willfully and w/o a claim of right, violates the privacy of
an individual
False imprisonment - Answer confined a person w/in a fixed area w/o justification
trespass to land - Answer improper interference w/ P's land
trespass to chattels - Answer improper interference with chattels in P's possession
, conversion - Answer improper interference with chattels inP's possession in way that is
serious enough to justify forced sale
Detinue - Answer D's failure to return chattels that P has right to possess
General defences in Tort - Answer Complete:
-consent
-legal authority
-self defence
-necessity
Partial:
-provocation
-contributory negligence
Intentional Tort of trespass to land - Answer 1. intention
2. land
3. interfere
4. improper
did d have consent? legal authority?
Vicarious Liability - Answer Legal responsibility placed on one person for the acts of another.
vicarious liability - legal test - Answer 1. Is this an employee?
2. If so, did the employer authorize the employee to do the tortious acts; or
3. Did the employer authorize the employee to do any other closely connected act?
Tort of Deceit - Answer it occurs when the defendant makes a false statement that the
defendant knows is false/untrue and w/ which the defendant intends to mislead the plaintiff
and which causes the plaintiff to suffer a loss as a result of having reasonably relied on the false
statement
Deceit - legal test - Answer Plaintiff must prove:
1. Defendant made a false statement
2. Defendant knew statement was false (when s/he made it) (carelessness is not enough)
3. Defendant intended to mislead the plaintiff
AND CORRECT ANSWERS.
How to solve a legal question? - Answer I - Issue
R- Rule
A - Analysis
C - Conclusion
Tort Law - Answer includes almost every sort of private law wrong outside breach of contract
Types of torts - Answer strict liability, intentional, negligence
Strict liability - Answer Applies to very risky activities caused by wild or exotic pets or
wandering cattle.
no intention
no carelessness
the fact that it happened is enough
Inentional - Answer Committing battery by shoving someone or throwing something on
another's person lawn
Negligence - Answer when is harm is caused carelessly
assault - Answer D intentionally causes P to reasonably believe that offensively bodily contact
is imminent
battery - Answer offensive bodily contact
invasion of privacy - Answer person, willfully and w/o a claim of right, violates the privacy of
an individual
False imprisonment - Answer confined a person w/in a fixed area w/o justification
trespass to land - Answer improper interference w/ P's land
trespass to chattels - Answer improper interference with chattels in P's possession
, conversion - Answer improper interference with chattels inP's possession in way that is
serious enough to justify forced sale
Detinue - Answer D's failure to return chattels that P has right to possess
General defences in Tort - Answer Complete:
-consent
-legal authority
-self defence
-necessity
Partial:
-provocation
-contributory negligence
Intentional Tort of trespass to land - Answer 1. intention
2. land
3. interfere
4. improper
did d have consent? legal authority?
Vicarious Liability - Answer Legal responsibility placed on one person for the acts of another.
vicarious liability - legal test - Answer 1. Is this an employee?
2. If so, did the employer authorize the employee to do the tortious acts; or
3. Did the employer authorize the employee to do any other closely connected act?
Tort of Deceit - Answer it occurs when the defendant makes a false statement that the
defendant knows is false/untrue and w/ which the defendant intends to mislead the plaintiff
and which causes the plaintiff to suffer a loss as a result of having reasonably relied on the false
statement
Deceit - legal test - Answer Plaintiff must prove:
1. Defendant made a false statement
2. Defendant knew statement was false (when s/he made it) (carelessness is not enough)
3. Defendant intended to mislead the plaintiff
