TORTS 2 AND TREECE’S FINAL EXAM QUESTIONS:
now to treece’s torts 2 final exam:
it has two parts:
part one consists of 3 essay questions, and part two is about 20 short-answer questions.
part I (40 pts.);
1 essay (20 pts) on product liability under three legal theories: negligence, warranty, and 402 A law of products liability.
1 essay (10 pts) on 5 concrete proposals for a Model Uniform Products Liability ACt.
1 essay (10 pts) on defamation including the three acts and NY Times malice.
part 2 (60 pts):
1. state of the art evidence;
2. commercial appropriation of name or likeness.
3. the learned intermediary rule;
4. what is the test to constitute the determination of product under 402 A law?
5. how is Rylands v. Fletcher liability different from liability imposed under sections 519/520 of the Restatement Second of Torts?
6. can a dealer of used product be held liable under 402 A law?
7. how do you prove defective product in a design-defect case?
8. under a warranty theory, how does the plaintiff’s contributory negligence handle?
9. malicious prosecut
sub-part conduct are admissible against the plaintiff on the issue of comparative responsibility/fault?
12. when does a product enter the stream of commerce?
13.what are the three types of product liability cases in general and in texas handle? make a prima facie case for each (list the elements of each type). how is this different from a negligence analysis?
14. what is the policy of products liability on medical treatment and medicine? (look at comment k of the restatement of 402 A law); what would be the legal consequence if the doctor fail to warn the patient about the treatment or the drug under this scenario?
15. look at the case of Duncan v. Cessna 665 S.W. 2d 414 (Tex. 1984) and how section 33.001 et seq. of the Texas Civil Practices and Remedies Code change/modify the ruling in Duncan.
16. intrusion upon seclusion?
17. constitutional torts?
18. negligent misrepresentation under com
