Torts & Personal Injury Law Flashcards

Under the doctrine of strict liability, a defendant engaged in an abnormally dangerous activity is liable for resulting harm:

Answer: Regardless of the degree of care they exercised

Strict liability imposes liability without fault; a defendant engaged in an abnormally dangerous activity is liable for resulting harm regardless of the care exercised.

The doctrine of respondeat superior imposes vicarious liability on an employer for employee torts when:

Answer: The employee was acting within the scope of their employment

Respondeat superior holds employers vicariously liable for employee torts committed within the scope of employment; it does not require any direct fault by the employer.

Under New York Times Co. v. Sullivan, a public figure seeking to recover for defamation must prove:

Answer: Actual malice — knowledge of falsity or reckless disregard for the truth

Under New York Times Co. v. Sullivan, public figures must prove actual malice — that the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.

What is the primary distinction between libel and slander in defamation law?

Answer: Libel is written or recorded defamation; slander is spoken defamation

Libel is defamation in a fixed, permanent medium (written, broadcast, or recorded), while slander is spoken defamation; the distinction can affect whether special damages must be proven.

False imprisonment in tort law is best defined as:

Answer: Intentional confinement within a bounded area without the plaintiff's consent or legal justification

False imprisonment requires intentional confinement within a bounded area, without the plaintiff's consent and without legal justification; negligent confinement is insufficient.

Following MacPherson v. Buick Motor Co., a manufacturer's duty of care in products liability negligence extends to:

Answer: Any foreseeable user or bystander who might be harmed by the product

MacPherson v. Buick eliminated the privity of contract requirement, extending the manufacturer's duty to any foreseeable plaintiff who might be harmed by a defective product.

Intentional infliction of emotional distress (IIED) requires conduct that is:

Answer: Extreme and outrageous, intentionally or recklessly causing severe emotional distress

IIED requires that the defendant's conduct be extreme and outrageous — beyond all reasonable bounds of decency — and that it intentionally or recklessly cause severe emotional distress.