VT Bar Torts Flashcards

In a defamation case, which element must a public figure plaintiff prove that a private plaintiff does not?

Answer: Actual malice (knowledge of falsity or reckless disregard for truth)

Under New York Times v. Sullivan, a public figure must prove actual malice — knowledge of falsity or reckless disregard for the truth — which private plaintiffs need not prove.

Which tort imposes liability without proof of negligence for activities that are abnormally dangerous?

Answer: Strict liability for abnormally dangerous activities

The Restatement doctrine of strict liability applies to abnormally dangerous activities, imposing liability regardless of the care exercised.

Under Vermont law, a plaintiff seeking punitive damages must prove what?

Answer: Malice, fraud, oppression, or conscious disregard for the rights of others

Vermont requires proof of malice, fraud, oppression, or a conscious and deliberate disregard for the rights of others to support a punitive damages award.

The 'rescue doctrine' holds that a tortfeasor is liable for injuries to a rescuer who is injured while attempting to save whom?

Answer: A person endangered by the tortfeasor's negligence

The rescue doctrine extends the tortfeasor's liability to rescuers injured while attempting to save someone placed in peril by the tortfeasor's negligence.

Trespass to land is an intentional tort that requires which of the following?

Answer: Intent to enter the land, even without intent to trespass

Trespass to land requires only the intent to enter the land, not the intent to trespass; a mistaken but intentional entry still constitutes trespass.

Under Vermont's dram shop liability, a licensed alcohol retailer may be liable to a third party injured by an intoxicated patron under what condition?

Answer: The retailer sold alcohol to an already visibly intoxicated person

Vermont's dram shop statute creates liability for licensed sellers who knowingly serve alcohol to a visibly intoxicated person who then injures a third party.