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1What are the elements of nuisance?
What are the elements of nuisance?2Under what circumstance does a public nuisance arise?
Under what circumstance does a public nuisance arise?3What types of plaintiffs may sue for public nuisance?
What types of plaintiffs may sue for public nuisance?4What is required for a private individual to have standing to sue for public nuisance?
What is required for a private individual to have standing to sue for public nuisance?5In addition to the general elements needed to state any public nuisance claim, what extra element must a private individual demonstrate to recover ...
In addition to the general elements needed to state any public nuisance claim, what extra element must a private individual demonstrate to recover damages against a defendant who has caused a public nuisance?6Who has standing to sue for public nuisance as a representative of the public?
Who has standing to sue for public nuisance as a representative of the public?7To have standing to sue for public nuisance, must a plaintiff have rights in any particular piece of real property?
To have standing to sue for public nuisance, must a plaintiff have rights in any particular piece of real property?8Under what circumstances does a private nuisance arise?
Under what circumstances does a private nuisance arise?9Must a plaintiff own or have title to property to sue for private nuisance?
Must a plaintiff own or have title to property to sue for private nuisance?10In a private nuisance action, what must the plaintiff show to demonstrate a significant interference with the plaintiff’s use and enjoyment of prop...
In a private nuisance action, what must the plaintiff show to demonstrate a significant interference with the plaintiff’s use and enjoyment of property?11Can personal injury or property damage be the substantial harm required for a private-nuisance action?
Can personal injury or property damage be the substantial harm required for a private-nuisance action?12Has a defendant committed a private nuisance if the defendant’s conduct is only offensive due to the plaintiff’s idiosyncrasies or peculiar circums...
Has a defendant committed a private nuisance if the defendant’s conduct is only offensive due to the plaintiff’s idiosyncrasies or peculiar circumstances?13For an intentional invasion of another’s use and enjoyment of land, what is the test for determining whether the intentional invasion is unreasonable?
For an intentional invasion of another’s use and enjoyment of land, what is the test for determining whether the intentional invasion is unreasonable?14In an action for private nuisance, what factors will a court weigh to determine whether the defendant’s interference with the plaintiff’s private u...
In an action for private nuisance, what factors will a court weigh to determine whether the defendant’s interference with the plaintiff’s private use and enjoyment of land was unreasonable?15How does reasonableness in a nuisance case differ from reasonableness in a negligence case?
How does reasonableness in a nuisance case differ from reasonableness in a negligence case?16To prevail on a private-nuisance claim, what must a plaintiff demonstrate about the defendant’s conduct?
To prevail on a private-nuisance claim, what must a plaintiff demonstrate about the defendant’s conduct?17What is the test for determining whether an invasion of another’s interest in the use and enjoyment of land is intentional?
What is the test for determining whether an invasion of another’s interest in the use and enjoyment of land is intentional?18What interest in land does the private-nuisance cause of action protect?
What interest in land does the private-nuisance cause of action protect?19If a defendant unreasonably interferes with the use and enjoyment of property, who may bring a private-nuisance claim against that defendant?
If a defendant unreasonably interferes with the use and enjoyment of property, who may bring a private-nuisance claim against that defendant?20What are the remedies for a private nuisance?
What are the remedies for a private nuisance?21What types of damages are available for nuisance claims?
What types of damages are available for nuisance claims?22When is an injunction an appropriate remedy in a nuisance action?
When is an injunction an appropriate remedy in a nuisance action?23How would a plaintiff exercise self-help to abate a public or private nuisance that is causing the plaintiff unique individual harm?When is self-he...
How would a plaintiff exercise self-help to abate a public or private nuisance that is causing the plaintiff unique individual harm?When is self-help an appropriate remedy in a nuisance action?24Is it a defense to a nuisance claim that the plaintiff came to the nuisance?
Is it a defense to a nuisance claim that the plaintiff came to the nuisance?25Is a plaintiff who encounters or comes to an existing nuisance automatically barred from bringing a private-nuisance claim against a defendant for ...
Is a plaintiff who encounters or comes to an existing nuisance automatically barred from bringing a private-nuisance claim against a defendant for that nuisance?26A man who was seriously injured in a church as a child suffered traumatic flashbacks whenever he heard church bells. The man lived in an apartment ...
A man who was seriously injured in a church as a child suffered traumatic flashbacks whenever he heard church bells. The man lived in an apartment building next to a church that rang its bells on Sunday mornings. An ordinary person living in that neighborhood would not find that the bells’ sound interfered with the use and enjoyment of the apartment dwelling. However, this man experienced great psychological upset every Sunday when the bells rang.Does the man have a private-nuisance claim against the church?27A renowned art photographer moved into a large home in a residential neighborhood. The home’s front yard was adorned with several beautiful sculptu...
A renowned art photographer moved into a large home in a residential neighborhood. The home’s front yard was adorned with several beautiful sculptures. The photographer began holding photo shoots with nude models in the sculpture garden, in full view of neighboring residents. One of the neighbors found this display highly embarrassing and brought a private-nuisance suit against the photographer.Assuming there are no free-speech concerns here, do these photo sessions unreasonably interfere with the neighbor’s private use and enjoyment of her property?28A town discovered that a chemical company had contaminated a residential area’s drinking-water supply. A group of landowners owned property that wa...
A town discovered that a chemical company had contaminated a residential area’s drinking-water supply. A group of landowners owned property that was too far from the chemical company to have suffered identifiable drinking water contamination and, therefore, were not compensated by the chemical company for the contamination. However, the landowners sued the company for their decreased property values. The landowners had evidence that the adverse publicity surrounding the contamination caused their property values to drop significantly because potential purchasers were not confident that the properties were unaffected by the contamination.Did the chemical company significantly interfere with the landowners’ property values in a way that will support a private-nuisance claim?29A man and a woman were neighbors who had feuded for years. One day, the woman created a fake online dating profile for the man, listing the man’s a...
A man and a woman were neighbors who had feuded for years. One day, the woman created a fake online dating profile for the man, listing the man’s address and encouraging anyone seeking “a good time” to show up unannounced at the man’s house. Over the next several months, the man was repeatedly subjected to unwanted visitors, many of whom showed up at all hours of the night and responded angrily upon learning that the man was not really interested in a date.Can the man state a private-nuisance claim against the woman?30What are the traditional elements of defamation?
What are the traditional elements of defamation?31At common law, must a plaintiff prove the falsity of a defamatory statement to state a defamation claim?
At common law, must a plaintiff prove the falsity of a defamatory statement to state a defamation claim?32What does it mean for a defamatory statement to be legally published?
What does it mean for a defamatory statement to be legally published?33In defamation, must the defendant have intended to defame the plaintiff?
In defamation, must the defendant have intended to defame the plaintiff?34In defamation, does each separate communication of defamatory material create a new statute of limitations?
In defamation, does each separate communication of defamatory material create a new statute of limitations?35What is the republication rule in defamation?
What is the republication rule in defamation?36In defamation, what is a secondary publisher?
In defamation, what is a secondary publisher?37In defamation, is the republication rule applicable to secondary publishers?
In defamation, is the republication rule applicable to secondary publishers?38What is the common-law standard for determining whether a statement is defamatory?
What is the common-law standard for determining whether a statement is defamatory?39May the defamatory aspects of a statement be implied?
May the defamatory aspects of a statement be implied?40If a statement contains only opinion, insults, or hyperbole is it defamatory?
If a statement contains only opinion, insults, or hyperbole is it defamatory?41In defamation, what is a statement of fact?
In defamation, what is a statement of fact?42In defamation, what is a statement of and concerning the plaintiff?
In defamation, what is a statement of and concerning the plaintiff?43If a defamatory statement does not expressly refer to the plaintiff, may it still be considered of and concerning the plaintiff?
If a defamatory statement does not expressly refer to the plaintiff, may it still be considered of and concerning the plaintiff?44Can a corporation bring a defamation action?
Can a corporation bring a defamation action?45In general, can a group of people recover in a defamation action?
In general, can a group of people recover in a defamation action?46Is a statement made after that person’s death actionable as defamation?
Is a statement made after that person’s death actionable as defamation?47What is libel?
What is libel?48What is slander?
What is slander?49What is slander per se?
What is slander per se?50What damages are available for defamation?
What damages are available for defamation?51After founding a highly successful technology company together, two inventors had a falling out. The first inventor wrote a private letter to the s...
After founding a highly successful technology company together, two inventors had a falling out. The first inventor wrote a private letter to the second, accusing the second inventor of stealing company funds. The letter also contained statements sharply criticizing the second inventor for having issued a press release that the first inventor claimed lied to stockholders. The second inventor was so outraged by the accusations that she posted the letter on social media, along with a detailed rebuttal. The letter went viral, and the second inventor suffered serious reputational harm.Can the second inventor state a prima-facie claim against the first inventor for defamation?52For purposes of defamation, what is a public official?
For purposes of defamation, what is a public official?53For purposes of defamation, what is a general public figure?
For purposes of defamation, what is a general public figure?54For purposes of defamation, what is a limited-purpose public figure?
For purposes of defamation, what is a limited-purpose public figure?55For purposes of defamation, what is a public figure?
For purposes of defamation, what is a public figure?56For purposes of defamation, what is a public figure’s burden of proving falsity?
For purposes of defamation, what is a public figure’s burden of proving falsity?57For purposes of defamation, what is a public figure’s burden of proving actual malice?
For purposes of defamation, what is a public figure’s burden of proving actual malice?58One day, a national tragedy occurred, and the president failed to issue any response or public statement about the tragedy for several hours afterw...
One day, a national tragedy occurred, and the president failed to issue any response or public statement about the tragedy for several hours afterward. During this time, the president was in a top-secret military briefing. However, to protect the meeting’s secrecy, the White House press secretary had publicly claimed that the president was playing golf during those first hours after the tragedy. A newspaper reported that the president was playing golf with business leaders during the period following the national tragedy and sharply criticized this choice of action. The president’s public approval ratings dropped dramatically after the newspaper published the false report. The president was upset and wanted to sue the newspaper for defamation.Can the president state a prima-facie claim against the newspaper for defamation?59For purposes of defamation, what is a private figure?
For purposes of defamation, what is a private figure?60For purposes of defamation, what is a matter of public concern?
For purposes of defamation, what is a matter of public concern?61For purposes of defamation, what is a matter of private concern?
For purposes of defamation, what is a matter of private concern?62Is consent a defense to defamation?
Is consent a defense to defamation?63Is the truth of an allegedly defamatory statement a defense to defamation?
Is the truth of an allegedly defamatory statement a defense to defamation?64Is retraction of a defamatory statement a complete defense in a defamation claim?
Is retraction of a defamatory statement a complete defense in a defamation claim?65In order to avoid liability in defamation case, what may a defendant assert in addition to a defense?
In order to avoid liability in defamation case, what may a defendant assert in addition to a defense?66In defamation, what is the fair-reporting privilege?
In defamation, what is the fair-reporting privilege?67What is the Restatement (Second) of Torts’ view of the fair-reporting privilege?
What is the Restatement (Second) of Torts’ view of the fair-reporting privilege?68In defamation, what is the fair-comment privilege?
In defamation, what is the fair-comment privilege?69In defamation, what is the privilege for statements made in support of private interests?
In defamation, what is the privilege for statements made in support of private interests?70In defamation, what is the common-interests privilege?
In defamation, what is the common-interests privilege?71In defamation, what is the self-vindication privilege?
In defamation, what is the self-vindication privilege?72What is abuse of a qualified privilege?
What is abuse of a qualified privilege?73In defamation, what are the most important qualified privileges?
In defamation, what are the most important qualified privileges?74In defamation, what is an absolute privilege?
In defamation, what is an absolute privilege?75In defamation, what is the legislative privilege?
In defamation, what is the legislative privilege?76Do executive branch officials have any privilege with respect to defamatory statements made in the course of their public duties?
Do executive branch officials have any privilege with respect to defamatory statements made in the course of their public duties?77Are defamatory statements made by participants in judicial proceedings privileged?
Are defamatory statements made by participants in judicial proceedings privileged?78Are defamatory statements made between spouses absolutely privileged?
Are defamatory statements made between spouses absolutely privileged?79Are defamatory statements compelled by law absolutely privileged?
Are defamatory statements compelled by law absolutely privileged?80What is the tort of misappropriation of identity?
What is the tort of misappropriation of identity?81A world famous figure skater won a gold medal at the Olympics. The next morning, a breakfast-cereal company took out a full page advertisement in a...
A world famous figure skater won a gold medal at the Olympics. The next morning, a breakfast-cereal company took out a full page advertisement in a national newspaper. The ad included a picture of the figure skater raising her gold medal on the Olympic podium. The ad also included text congratulating the figure skater on her triumph and stating that the message was from all her admirers at the breakfast-cereal company, identifying the company by name. The figure skater sued the cereal company for invasion of privacy and specifically brought a claim for misappropriation of identity.Can the figure skater state a valid invasion-of-privacy claim against the cereal company for misappropriation of her identity?82What is the tort of intrusion upon seclusion?
What is the tort of intrusion upon seclusion?83Is a defendant’s accidental or negligent intrusion upon a person’s private affairs actionable as intrusion upon seclusion?
Is a defendant’s accidental or negligent intrusion upon a person’s private affairs actionable as intrusion upon seclusion?84Can a tort plaintiff recover for reputational harm?
Can a tort plaintiff recover for reputational harm?85A college student on spring break traveled with friends to a beach known to be a popular party spot. After drinking excessively, the student danced...
A college student on spring break traveled with friends to a beach known to be a popular party spot. After drinking excessively, the student danced on a balcony overlooking a public beach. Although the student was unaware of what was happening, a television producer on the beach filmed the student’s drunken dancing. Later that year, the student’s dancing became a viral media sensation after appearing in the title credits to the television producer’s latest hit show about bad dancing.Can the student state a valid intrusion-upon-seclusion claim against the producer for invading the student’s privacy?86What is the tort of false light?
What is the tort of false light?87What does the term publicize mean in the context of an action for false light?
What does the term publicize mean in the context of an action for false light?88May a defendant be liable for false light by publicizing statements and images that are true?
May a defendant be liable for false light by publicizing statements and images that are true?89Must the statement at issue in a false light action be defamatory to be actionable?
Must the statement at issue in a false light action be defamatory to be actionable?90What level of fault must a fault-light plaintiff prove?
What level of fault must a fault-light plaintiff prove?91May a plaintiff pursue both a defamation claim and a false-light invasion-of-privacy claim based on the same underlying conduct?
May a plaintiff pursue both a defamation claim and a false-light invasion-of-privacy claim based on the same underlying conduct?92What is the tort of public disclosure of private facts?
What is the tort of public disclosure of private facts?93What are the four types of tort claims that protect against the invasion of privacy?
What are the four types of tort claims that protect against the invasion of privacy?94What is the tort of fraudulent misrepresentation?
What is the tort of fraudulent misrepresentation?95Can opinion ever provide the basis for a fraudulent misrepresentation claim?
Can opinion ever provide the basis for a fraudulent misrepresentation claim?96Is a broken promise actionable as fraudulent misrepresentation?
Is a broken promise actionable as fraudulent misrepresentation?97Is a prediction of future events actionable as fraudulent misrepresentation?
Is a prediction of future events actionable as fraudulent misrepresentation?98Is the failure to disclose a material fact actionable as fraudulent misrepresentation?
Is the failure to disclose a material fact actionable as fraudulent misrepresentation?99The founder of a startup company falsely told a potential investor that he was born on a Thursday. The founder knew that the investor was from a cu...
The founder of a startup company falsely told a potential investor that he was born on a Thursday. The founder knew that the investor was from a culture in which people attributed great significance to the day of the week on which individuals were born. In this culture, those born on a Thursday were said to have high likelihood of worldly success. Was the founder’s misrepresentation to the potential investor a material misrepresentation?100A realtor led a buyer on a tour of a house. The realtor casually mentioned that a famous chef once lived in the house and regularly cooked in the k...
A realtor led a buyer on a tour of a house. The realtor casually mentioned that a famous chef once lived in the house and regularly cooked in the kitchen. That night, the buyer submitted a bid for the house, and the seller accepted it. At the closing, the buyer told the realtor that the famous chef was one of the buyer’s heroes. The buyer also said that when the realtor told the buyer that the chef had lived in the house, that was when the buyer knew the house was the place the buyer wanted. At that moment, the realtor remembered that the famous chef actually lived in a different house on the same street. However, the realtor said nothing, and the closing was completed. A few months later, the buyer learned the truth. The buyer was furious and sued the realtor for misrepresentation.Can the buyer state a misrepresentation claim against the realtor for staying silent at the closing?101To commit an actionable misrepresentation tort, must a defendant use words or otherwise employ language?
To commit an actionable misrepresentation tort, must a defendant use words or otherwise employ language?102An owner was trying to sell land in an area that had recently experienced a boom in drilling for natural gas. Several neighboring property owners w...
An owner was trying to sell land in an area that had recently experienced a boom in drilling for natural gas. Several neighboring property owners who had found gas on their land had made quite a bit of money through royalty arrangements with drilling companies. During talks with a prospective buyer, the owner told the buyer that there was gas under the land. However, the buyer knew that the owner had not conducted a survey to determine whether gas actually existed under the land. The buyer then purchased the land and discovered that no gas existed underneath it.Can the buyer state a valid misrepresentation claim against the owner?103To be liable for fraudulent misrepresentation, must a speaker know that the speaker’s representation is false?
To be liable for fraudulent misrepresentation, must a speaker know that the speaker’s representation is false?104A grandparent went into a baseball-card shop hoping to buy a a first-year (i.e., rookie) card of a grandchild’s favorite baseball player as a speci...
A grandparent went into a baseball-card shop hoping to buy a a first-year (i.e., rookie) card of a grandchild’s favorite baseball player as a special present for that grandchild. The grandparent asked for the card, but the shop owner produced a second-year card of the same player instead, which is much less valuable than a rookie card. The shop owner told the grandparent that “this card” was the one the grandparent needed and charged the grandparent the same price that a rookie card would cost.After giving the card to the grandchild, the grandparent discovered the mistake and wanted to sue the shop owner.Can the grandparent state a valid claim against the shop owner for fraudulent misrepresentation?105In fraudulent misrepresentation, must the defendant induce the plaintiff to rely on the false statement of fact?
In fraudulent misrepresentation, must the defendant induce the plaintiff to rely on the false statement of fact?106In fraudulent misrepresentation, must the plaintiff actually rely on the false statement to the plaintiff’s detriment?
In fraudulent misrepresentation, must the plaintiff actually rely on the false statement to the plaintiff’s detriment?107What are the two primary approaches for measuring damages in an action for fraudulent misrepresentation?
What are the two primary approaches for measuring damages in an action for fraudulent misrepresentation?108What is the tort of negligent misrepresentation?
What is the tort of negligent misrepresentation?109Do jurisdictions place any additional limitations on the tort of negligent misrepresentation?
Do jurisdictions place any additional limitations on the tort of negligent misrepresentation?110For negligent misrepresentation, must the plaintiff actually rely on the defendant’s false statement?
For negligent misrepresentation, must the plaintiff actually rely on the defendant’s false statement?111What type of damages may the plaintiff in a negligent-misrepresentation claim recover?
What type of damages may the plaintiff in a negligent-misrepresentation claim recover?112In a fraudulent-misrepresentation claim, may the plaintiff recover even if the plaintiff could have uncovered the misrepresentation through a reaso...
In a fraudulent-misrepresentation claim, may the plaintiff recover even if the plaintiff could have uncovered the misrepresentation through a reasonable investigation?113May a defendant assert contributory negligence as a defense against a claim of fraudulent misrepresentation?
May a defendant assert contributory negligence as a defense against a claim of fraudulent misrepresentation?114What is tortious interference with business relations?
What is tortious interference with business relations?115What elements must a plaintiff show to establish a claim for tortious interference with a contract?
What elements must a plaintiff show to establish a claim for tortious interference with a contract?116For tortious interference with business relations, must the plaintiff prove that the defendant knew of the contract or economic opportunity?
For tortious interference with business relations, must the plaintiff prove that the defendant knew of the contract or economic opportunity?117In tortious interference with business relations, what type of harm must the plaintiff demonstrate?
In tortious interference with business relations, what type of harm must the plaintiff demonstrate?118Can a defendant be held liable for negligent interference with a contract?
Can a defendant be held liable for negligent interference with a contract?119If an actor intentionally interferes with the performance of a contract, may the actor still avoid liability if the contract is illegal or violates...
If an actor intentionally interferes with the performance of a contract, may the actor still avoid liability if the contract is illegal or violates public policy?120What are the two, overlapping torts that cover interference with business relations?
What are the two, overlapping torts that cover interference with business relations?121Must a defendant interfere with a final contract to be held liable for interfering with a contractual relationship?
Must a defendant interfere with a final contract to be held liable for interfering with a contractual relationship?122Can a plaintiff state a claim for improper interference with a contract if the defendant’s only act was providing truthful information?
Can a plaintiff state a claim for improper interference with a contract if the defendant’s only act was providing truthful information?123An actor entered into a preliminary agreement with an entrepreneur to invest in the entrepreneur’s latest business venture. The actor then asked hi...
An actor entered into a preliminary agreement with an entrepreneur to invest in the entrepreneur’s latest business venture. The actor then asked his businessman friend for advice on whether to make the investment. The friend advised against it, explaining that the business venture was poorly timed for market conditions and would likely fail. Secretly, the friend was happy to provide this advice because he detested the entrepreneur and did not want to help him succeed. But friend’s views on the poor timing of the business venture were honest, and he offered no views beyond those requested by the actor. Relying on the friend’s advice, the actor ultimately did not go through with the investment in the entrepreneur’s new venture.Can the entrepreneur state a valid claim against the friend for interference with prospective contractual relations?124Two rival grocers had long competed for business in a small town. The first grocer learned that the second grocer was about to buy a beautiful vaca...
Two rival grocers had long competed for business in a small town. The first grocer learned that the second grocer was about to buy a beautiful vacation home in a neighboring state. Out of sheer competitive impulse, the first grocer contacted the current owner of the vacation home and convinced the owner not to sell to the second grocer. The second grocer was upset about losing the house and sued the first for the tort of intentional interference with prospective contractual relations.May the first grocer rely on the parties’ competitive business relationship to avoid liability for this tortious-interference claim?125Do courts recognize any justifications for a defendant’s interference with business relations?
Do courts recognize any justifications for a defendant’s interference with business relations?126A horse breeder signed a contract with a wealthy heiress to sell a young horse that was expected to have a successful racing career. The next day, ...
A horse breeder signed a contract with a wealthy heiress to sell a young horse that was expected to have a successful racing career. The next day, a wealthy man offered the breeder twice the amount the heiress had promised to pay. The breeder signed a contract with the man and told him to arrive at the farm the next day to pick up the horse. The next day, the heiress and the man both arrived to pick up the horse, and both were stunned to learn that the breeder had sold the horse twice. The heiress threatened to sue the breeder if the breeder let the man take the horse. Frightened by the threat, the breeder refused to turn the horse over to the man. The man sued the heiress for intentionally interfering with his contract to purchase the horse.Can the man state a valid claim against the heiress for tortious interference with a contract?127A nighttime custodian for a company happened to overhear abusive and harassing behavior by a company executive toward a subordinate after the close...
A nighttime custodian for a company happened to overhear abusive and harassing behavior by a company executive toward a subordinate after the close of typical business hours. The behavior occurred repeatedly over several weeks. The custodian decided to make an official report to the company’s head of human resources. Following an investigation, the executive was dismissed. The executive sued the custodian for intentionally interfering with the executive’s employment contract with the company.Can the executive state a valid claim against the custodian for tortious interference with the executive’s employment contract?128What effect must conduct generally have on a victim’s use and enjoyment of her land to support a private-nuisance claim?
What effect must conduct generally have on a victim’s use and enjoyment of her land to support a private-nuisance claim?129What two types of victims have standing to sue for public nuisance?
What two types of victims have standing to sue for public nuisance?130A common-law defamation claim arises if:(1) an actor ________ or ________ publishes(2) a ________ statement of fact about the ________(3) that harm...
A common-law defamation claim arises if:(1) an actor ________ or ________ publishes(2) a ________ statement of fact about the ________(3) that harms the ________.131If a public figure asserts a defamation claim, what two elements must the public figure prove in addition to the traditional defamation elements?
If a public figure asserts a defamation claim, what two elements must the public figure prove in addition to the traditional defamation elements?