Torts Flashcards

To establish defamation, a private figure plaintiff suing on a matter of public concern must prove:

Answer: At least negligence with respect to the truth of the statement

Under Gertz v. Robert Welch, private figure plaintiffs need only prove negligence regarding falsity (not actual malice) when suing on a matter of public concern, though actual malice is required for presumed or punitive damages.

The tort of intentional infliction of emotional distress requires that the defendant's conduct be:

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

IIED requires conduct so outrageous it exceeds all bounds of decency tolerated by society, done intentionally or recklessly, that causes severe emotional distress.

Under New York law, joint and several liability means that when multiple defendants are liable:

Answer: Each defendant may be required to pay the entire judgment

Under traditional joint and several liability, each of multiple tortfeasors is individually liable for the entire judgment, allowing the plaintiff to recover 100% from any one defendant.

In a products liability design defect case, the consumer expectation test asks whether:

Answer: The product failed to perform as safely as an ordinary consumer would expect

The consumer expectation test for design defect asks whether the product performed as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner.

A defendant is liable for battery when they intentionally cause:

Answer: Harmful or offensive contact with the plaintiff's person

Battery requires intentional harmful or offensive contact with the plaintiff's person; the defendant need not intend harm, only the contact itself.

Under the doctrine of respondeat superior, an employer is vicariously liable for an employee's tort when the tort is committed:

Answer: Within the scope of employment

Respondeat superior imposes vicarious liability on employers for employee torts committed within the scope of employment—meaning acts the employer authorized or that were characteristic of the work.