Torts
In a defect product claim a plaintiff must prove
Plaintiff must prove:
Design defect
Inadequate warning
Manufacturing defect
What does the UCC govern?
Sale of goods
What is a warranty?
An express or implied representation concerning
the quality, safety, performance, or condition of a
product (good)
What does common law govern?
Everything else
What are the two ways to calculate economic loss?
1.Benefit of the bargain (majority rule)
2. Out of pocket (minority rule)
What are the two types of NIED(Negligence infliction of emotional distress)?
Near miss (Zone of danger)
Bystander
What are the two ways to figure out if A person may not have capacity to enter K ?
1. Cognitive test
2.Volitional Test
During a heated argument at a restaurant, Taylor raises a glass bottle and swings it toward Jordan’s face, stopping just an inch short of hitting him. Jordan flinches and yells, believing he was about to be struck. Taylor then laughs and says, “Relax, I wasn’t actually going to hit you.”
Has Taylor committed an assault?
a. No, because Taylor never made physical contact with Jordan.
b. Yes, because Taylor intended to cause harmful physical contact.
c. Yes, because Jordan reasonably believed he was in imminent danger of being hit.
d. No, because Taylor later said he didn’t intend to hit Jordan.
C. Yes, because Jordan reasonably believed he was in imminent danger of being hit.
What are the three types of change of circumstances excuses?
1. Impossibility
2. Impracticability
3. Frustrated purpose
What are the two types of immunity?
1. Absolute immunity
2. Qualified immunity
Not recoverable without injury or damage
In considering whether a non-compete agreement is an unreasonable restraint on trade, which of the following factors do courts primarily consider?
A. The interests of the employee in making a living
B. The interest of the employer in preventing unfair competition
C. The possible harm to the public
D. All of the above
D. All of the above
What is the rule for manufacturing defect?
P must prove: (1) D was a merchant (2) Sold(3) a product that was unreasonably dangerous because of a manufacturing, design or warning defect (4) Causing (5) Physical injury or property damage to the consumer.
Latent Ambiguity
What must a plaintiff prove for a domesticated animal?
The plaintiff must prove:
Defendant owned/possessed the animal
knew of dangerous tendencies abnormal for the animal’s species or breed, and
the dangerous tendency resulted in
4. injury to plaintiff
What must a plaintiff prove in a prima facie nuisance claim?
Plaintiff must prove:
defendant’s substantial
and unreasonable
interference with private or public interest
Margaret, an elderly widow with limited experience in real estate, relied heavily on her longtime attorney, Mr. Stevens, for guidance in managing her assets. Mr. Stevens suggested that Margaret sell her vacation home and transfer the proceeds into a limited partnership he recommended. He emphasized that the partnership was “particularly suitable for someone in her situation” and assured her repeatedly that the investment was low-risk. Margaret agreed, trusting his advice, even though she had not independently verified the investment and would not have made the transfer without his guidance. Later, the partnership collapsed, and Margaret suffered significant financial losses.
Which statement best describes Margaret’s potential claim of undue influence?
A. Margaret cannot claim undue influence because she was legally competent and voluntarily signed the agreement.
B. Margaret may void the transaction if she proves that Mr. Stevens exercised excessive persuasion by exploiting their confidential relationship and her dependence on his expertise.
C. Undue influence only applies if the attorney threatened or coerced Margaret into signing.
D. Margaret can claim undue influence only if the transaction was directly beneficial to Mr. Stevens personally.
B
In preparation for a sailing trip, a sailor purchased a new life jacket from a marine supply store. A few days later, during a storm, the life jacket failed to inflate due to a defect in its manufacture, causing the sailor to fall overboard and struggle in the water. A nearby lifeguard dove in to rescue the sailor but was severely injured when struck by the boat’s propeller during the rescue attempt. The jurisdiction does not apply the firefighter’s rule to products liability actions, and the lifeguard’s injuries were not due to his own negligence.
If the lifeguard brings an action against the marine supply store to recover for his injuries, will the lifeguard prevail?
A. No, because the lifeguard was not the purchaser or user of the defective product.
B. Yes, unless the sailor failed to use the life jacket properly.
C. No, unless the defect could have been discovered by reasonable inspection by the store.
D.Yes, because injury to a rescuer like the lifeguard was a foreseeable result of the product defect.
D. Yes, because injury to a rescuer like the lifeguard was a foreseeable result of the product defect.
True or False: ALL ADHESION CONTRACTS ARE UNCONSCIONABLE!
False
What is an offer under CL
1. Offeror communicates to offeree
2. Certain and defined terms
3. Offeror intends to be bound to those terms
4.Offeree has the right to accept or reject
StarVision Media Corp. is a startup created to launch a new streaming platform. Its prospectus emphasizes that award-winning actor Jordan Miles is a co-founder and will use his influence to attract top Hollywood talent. The document mentions Miles’s name over 100 times and highlights his history of boosting viewership for other media projects. StarVision raised $250 million from investors. Later, Miles declined to participate in promotional interviews or appear in marketing materials, leading several production partners to withdraw and the company to fold. Investors and sponsors lost nearly all of their investments.
Do the investors and sponsors have a negligent misrepresentation claim against StarVision Media Corp.?
a. Yes, because the prospectus suggested that Miles would publicly endorse and promote the company.
b. Yes, because StarVision failed to fulfill an express warranty.
c. No, because investors knew entertainment projects are inherently risky.
d. No, because celebrity endorsements are not the same as active management.
A
Jordan, a small business owner, is confronted by a masked individual who threatens to physically harm him and destroy his store unless he signs a contract to sell his store at half its value. Fearing immediate harm to himself and his employees, Jordan signs the agreement. Later, Jordan seeks to void the contract.
Which statement is most accurate?
A. The contract is voidable only if the threat was made by a family member or someone Jordan knew personally.
B. The contract may be voidable because Jordan’s consent was obtained through a threat of immediate physical harm.
C. The contract is likely enforceable because Jordan acted voluntarily when signing.
D. Physical duress does not apply because the contract involved the sale of property, not personal services.
B
What must a plaintiff prove for fraudulent misrepresentation?
The plaintiff must prove that the defendant:
(1) made a factual statement of material fact
(2) knew it was false or acted with reckless disregard for its truth or falsity
(3) with intent that the plaintiff rely on the statement
(4) the plaintiff actually and justifiably relied on it
(5) resulting in economic loss to the plaintiff
StarTech, a software company, contracts with CloudCo to provide cloud storage services for a fixed monthly fee. Midway through the contract, CloudCo threatens to terminate the agreement unless StarTech agrees to pay double the monthly fee immediately. StarTech, heavily dependent on CloudCo to continue operations and facing potential business collapse, reluctantly agrees. StarTech later seeks to void the modified contract.
Which of the following is most accurate?
A. Economic duress only applies if the threatening party threatens physical harm.
B. StarTech cannot void the contract because they acted voluntarily by agreeing to the new terms.
C. StarTech may void the contract if they can show that CloudCo’s threat left them with no reasonable alternative and was wrongful or illegitimate.
D. StarTech may void the contract only if CloudCo acted in bad faith in negotiating the original agreement.
C
Mrs. Reynolds, an 82-year-old woman with mild dementia, decides to transfer her family-owned winery to her neighbor, Mr. Grant, in exchange for a small monthly stipend. At the time of signing, Mrs. Reynolds understands that she is transferring ownership but cannot fully appreciate the financial consequences or the long-term impact on her heirs. Mr. Grant, who has a close personal relationship with Mrs. Reynolds and is aware of her cognitive limitations, repeatedly pressures her to sign quickly and discourages her from consulting an attorney.
Which of the following statements is most accurate regarding the enforceability of the contract?
A. The contract is voidable only if a court previously adjudicated Mrs. Reynolds as incompetent.
B. The contract is enforceable because Mrs. Reynolds understood the basic nature of the transaction (transferring the winery for money).
C. The contract may be voidable because Mrs. Reynolds lacked capacity to understand the consequences, and Mr. Grant exercised undue influence over her decision.
D. The contract is enforceable because Mr. Grant acted in good faith and provided consideration.
C