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Exercise1: What is a tort?  Who is the Plaintiff in a tort claim?  What is the burden of proof when pursuing a tort claim?

Exercise1: What is a tort?  Who is the Plaintiff in a tort claim?  What is the burden of proof when pursuing a tort claim?


Exercise2: Distinguish between the torts of Defamation and Invasion of Privacy.  What are the elements of each?  What are the defenses to each?  Is it possible to have a Defamation and Invasion of Privacy claim based on the same act?

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Chandler rearranges the furniture in the apartment he shares with Monica.  Monica later returns home with Ross after attending a movie.  Seeing the rearranged furniture, Monica becomes angry and throws a vase at Chandler.  Chandler ducks and the vase hits Ross.  Since Monica did not intend to hit Ross, can he sue her for battery, an intentional tort?  If so, under what theory?


Exercise4:  What are the elements in a negligence cause of action?  How is actual cause different from proximate cause?  What are the defenses?



Exercise5:  What must a Plaintiff establish in a strict liability cause of action?  What types of activities will cause strict liability to be imposed?



Strict Liability

Donald purchases Lawn Darts for Huey, Dewey and Luey from Mickey’s Drug Store.  Lawn Darts is a game consisting of large darts that are thrown into a target on the ground in an outside yard.  Huey throws a dart at the target and accidently hits Luey as he walks across the yard.  Donald then sues Mickey under the unreasonably dangerous theory of strict liability.  Should Donald prevail?  Why or why not?

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