Torts (Fill in Blank/Definition)

• A statement that harms a Plaintiff's reputation.

• 2 types: Slander or libel.

• Plaintiff must be alive to allege this claim.

(a)  

Strict products liability 4 defenses

• 1) Comparative negligence

• 2) Assumption of risk

• 3) (a)  

• 4) Reseller exemptions/limitations

Legal obligation requiring actor to conform to certain standard of conduct

(a)  

6 Affirmative Duties:

1) Status Relationship

2) (a)   relationship

3) Voluntary undertaking

4) Co-adventure

5) Defendant-created danger

6) Statute created

 A defendant has no general duty to take affirmative action to aid a plaintiff in many jurisdictions. However, once a defendant actually takes such action, they have a duty to exercise due care as to their subsequent conduct; should not leave in worse position.

(a)  

People who enter land b/c open to public or 2) People who enter land to provide a “material benefit” to the landowner, such as business visitors/customers

(a)  

(a)   have a basic duty to warn about dangers but not "open and obvious"

Evidence of this is relevant but not dispositive to show breach

(a)  

Most social visitors, or a person who enters the land with the landowner’s permission but not an invitee

(a)  

Child trespassers are typically treated like adult trespassers however landowner is potentially liable for harm suffered by child trespasser if 5 elements are satisfied.

(a)