SL: Ultrahazardous
True or false: There is recovery for economic loss
False. Physical injury or property damage, no recovery for PURE economic loss
What are the three types defects?
Manufacturing; Design; Warning
List the three warranties
express warranty, implied warranty of merchantability, fitness for a particular purpose
What is qualified privilege?
A defense to defamation; Statements made to protect publisher's interests if defamation relates directly to those interests OR for protection of recipient OR to act in the public interest/report on public proceedings
What is the fact trigger for public discourse of private fact
D reveals something private about P
List the categories of animals under SL
Trespassing; Wild; Domestic
True or false: compliance with industry/safety/regulatory standards is not a defense
True
When does express warranty apply?
List elements of defamation
Defamatory statement
Of or concerning P
Published by a third party
Cause damage to P's rep
What is the key issue for misappropriation?
Using P's picture or name
List the defenses for ultra-hazardous activity
Assumption of Risk; Contributory Negligence; Comparative Negligence
What is the rule for commercial supplier?
CS has a strict duty to ensure products are free from defect AND is one who places the product in the stream of commerce without substantial alteration
True or false: a statement or advertisement by D about a product qualifies as an express warranty
True
What two additional elements are needed for con law defamation?
Falsity and fault
For false light, if the publication is public and the matter is of public interest or P is public figure, what must be proven?
Actual malice
What is the Andrews/Cardozo approach?
Andrews:Minority approach - duty is owed to all
Cardozo: Majority approach - duty is owed to foreseeable P
True or false: under the risk utility test, a product's performance meets the minimum safety expectations by ordinary users when used in a reasonably foreseeable manner
False: this is the consumer expectation test
List elements for "fitness for a particular purpose"
FFPP is implied when:
- Seller has knows/has reason to know buyer wants goods
- For a particular purpose
- Buyer is relying on seller's judgment to recommend a suitable product
What are the elements for slander per se?
General damages are presumed for language that:
Adversely reflects fitness to conduct business/profession
Alleges P has loathsome disease
Imputes serious sexual misconduct
Imputes morally culpable criminal behavior
What is the fact trigger for intrusion upon seclusion
D invades P's privacy
List the elements
Activity creates a high degree of serious harm
Activity not common
Risk cannot be eliminated by exercise of reasonable care
Location not appropriate
Danger of risk outweighs activity's value to community
What test do courts apply when there is a warning defect?
Risk-utility
True or false: implied warranty of merchantability is not included in every sale of goods
False; it is implied in every sale of goods
True or false: a defamatory statement has to create harm to P's reputation in order to prevail on defamation suit
False. Does not need to cause harm, but would have had it been believed
What is the difference between false light and defamation?
Defamation protects a person from injury to their reputation. False light protects a person from the offense or embarrassment that arises from a misleading or untrue implied statement.