Torts and Negligence Flashcards

Under Oregon law, which of the following best describes 'trespass to chattels'?

Answer: Intentionally interfering with another's possession of personal property causing damage or dispossession

Trespass to chattels requires intentional interference with another's possession of personal property; unlike conversion, it requires only minor interference causing actual damage.

In a defamation claim under Oregon law, a private figure plaintiff suing on a matter of public concern must prove the defendant acted with:

Answer: Negligence as to the falsity of the statement

Following Gertz v. Robert Welch, private figures suing on matters of public concern need only prove negligence as to the falsity, not actual malice.

A newspaper in Oregon publishes a false statement of fact about a private individual that damages their reputation. Which of the following is a complete defense?

Answer: The statement was true

Truth is an absolute defense to defamation — if the statement is true, there is no actionable defamation regardless of the harm caused.

Under Oregon's Tort Claims Act (ORS 30.260 et seq.), what is the general notice requirement for tort claims against a public body?

Answer: Written notice must be given within 180 days of the alleged loss or injury

ORS 30.275 requires claimants to give written notice to the public body within 180 days of the alleged tort, as a condition precedent to filing suit.

Under Oregon law, a landowner owes what duty of care to a licensee (social guest)?

Answer: A duty to warn of known dangerous conditions that the licensee is unlikely to discover

A landowner owes a licensee a duty to warn of known dangerous conditions not obvious to the licensee, but need not inspect for unknown dangers.

Which of the following is an example of a 'pure economic loss' that would typically be barred by the economic loss rule in Oregon?

Answer: Profits lost when a third party's contract with the plaintiff is disrupted by the defendant's negligent destruction of a utility line

The economic loss rule bars recovery for purely economic losses — like lost profits from disrupted third-party contracts — when there is no injury to person or property of the plaintiff.

In Oregon, which of the following statements about joint and several liability is MOST accurate after legislative reform?

Answer: Oregon has significantly limited joint and several liability; each defendant is generally liable only for their proportionate share of fault

Oregon's 1995 tort reform (ORS 31.610) largely eliminated joint and several liability, making defendants severally liable for their proportionate share, with narrow exceptions.