Wrongful Life Claims Explained

Summary

Wrongful life claims involve a child born with disabilities arguing that medical negligence led to their birth. In New Mexico, these claims are generally not recognized, as courts find it difficult to compare life with disabilities to non-existence. Defamation involves false statements harming reputation, while public disclosure and false light involve the dissemination of private or misleading information. Workers compensation is a form of strict liability, providing benefits regardless of fault. Invitees and licensees have different duties owed, with invitees receiving more protection. Trespassers like Mary have limited protection, and defamation claims require publication to a third party. Kathy may claim trespass, conversion, and invasion of privacy against John. Bob may claim interference and nuisance against Tom. Defenses like self-defense and defense of property can be raised in battery and false imprisonment cases.

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Distinguish between publication in the tort of defamation and publicity in the torts of public disclosure of private fact and false light.
Sure! Here's a brief distinction:
- Defamation (Publication):
- Involves a false statement communicated to a third party.
- Harms a person's reputation.
- Public Disclosure of Private Fact (Publicity):
- Involves the dissemination of private, truthful information.
- Must be highly offensive to a reasonable person and not of legitimate concern to the public.
- False Light (Publicity):
- Involves publishing information that portrays someone in a misleading way.
- Must be highly offensive to a reasonable person and create a false impression.
Is there a specific situation related to these torts that you need more information on?
Explain in what sense is workers' compensation a form of strict liability?
Workers' compensation is a form of strict liability because it provides benefits to workers who are injured on the job regardless of fault. The employer is liable for work-related injuries without the need for the employee to prove negligence. This ensures workers receive compensation quickly and fairly.
Do you need more information on workers' compensation in New Mexico or have a specific situation involving this topic?
Distinguish between the duties owed to invitees and the duties owed to licensees. Include in your answer, who are invitees versus licensees.
Case Rating: *
Sure! Here's a brief distinction:
- Invitees:
- Who are they? Customers, clients, or anyone entering a property for business purposes.
- Duties owed:
- Keep the property reasonably safe.
- Inspect for and repair any dangers.
- Warn of any known hazards.
- Licensees:
- Who are they? Social guests or anyone entering a property for their own purposes with permission.
- Duties owed:
- Warn of known dangers that the licensee is unlikely to discover.
Is there a specific situation related to these duties that you need more information on?
Tom and Mary are next-door neighbors in Corrales. Mary often sneaks across Tom's land for a shortcut to the river. Tom knows that people sometime uses his land to go to the river. On December *, *, Corrales had a huge rain/snow storm. On the night of December *, *, Mary and her guests (all adults) sneaked across Tom's land to pay homage to the Rio Grande River. While crossing Tom's land, Mary slipped and fell on the ice that accumulated on Tom's land. Is Tom liable to Mary for the slip and fall?
Case Rating: *
To determine liability, consider the following points:
- Mary is likely considered a trespasser since she entered Tom's property without permission.
- Landowners owe limited duty to trespassers, primarily to refrain from willful or wanton harm.
- Tom may not be liable as he didn't actively create a hazard.
Do you need more specific information related to this scenario or have any further questions?
Alice sends Dan a letter in which she says he is a child molester, which is false. On the cover of the envelope, Alice prints the words, "Personal and Confidential." Unknown to Alice, however, Dan has asked his girlfriend to open and sort all his mail while he is out of town. Does Dan have a claim against Alice?
Case Rating: *
Dan may have a claim against Alice for defamation. Here are some considerations:
- Defamation: Alice made a false statement (child molester) about Dan.
- Publication: The statement was communicated to a third party (Dan's girlfriend).
- Damage: The false statement could harm Dan's reputation.
Would you like more detailed information or have another question related to this situation?
John illegally entered Kathy's home, stole Kathy's photograph and printed her picture on the beer cans to advertise his homemade beer. John does not sell his beer, because his beer is vile, but he and his friends will drink the beer when there are no other alcohol left in the house. Does Kathy have a claim against John?
Case Rating: *
Kathy may have multiple claims against John, including:
- Trespass: John illegally entered her home.
- Conversion: John took and used her photograph without permission.
- Invasion of Privacy: Using her photograph without consent, even if not for commercial gain.
Do you need more detailed information on any of these claims?
Bob is trying to lure wild turkeys, which he will then kill and try to sell. Tom intentionally fires a gun into the air in order to scare the turkeys out of Bob's range. Tom is Bob's competitor in the sale of wild turkey jerky. Does Bob have a claim against Tom?
Case Rating: *
Bob may have a claim against Tom for interference with his business activities. Here are some potential claims:
- Intentional Interference with Prospective Economic Advantage: Tom's actions were intentional and aimed at disrupting Bob's business.
- Nuisance: Firing a gun could be considered a nuisance, affecting Bob's ability to conduct his business.
Is there any specific aspect of the situation you need more information on?
In the following situation, examine what defenses, if any, that can be raised by the defendant Henry. George is invited to Henry's house for dinner. They have an argument and Henry asks George to leave. George refuses. Henry pushes George through a glass window. George sues Henry for battery.
Case Rating: *
Henry may raise the following defenses in the battery lawsuit:
- Self-defense: Henry might argue he reasonably believed George posed a threat.
- Defense of property: Henry could claim he was protecting his property.
- Consent: If George's refusal to leave was aggressive or threatening, Henry might argue implicit consent to use force.
Would you like more detailed information on any of these defenses?
In the following situation, examine what defenses, if any, that can be raised by the defendant Leo. Dogs terrify Tom. Leo's little dog starts barking at Tom in the street. Tom picks up a stick and is about to hit the dog. Leo sees this and clubs Tom with a baseball bat. Tom sues Leo for battery.
Case Rating: *
Leo may have the following defenses in the battery lawsuit:
- Defense of Property: Leo could argue he was protecting his dog from being harmed.
- Self-defense: Leo might claim he acted to prevent an imminent threat to his dog.
Do you need more detailed information on any of these defenses?
In the following situation, examine what defenses, if any, that can be raised by the defendant Mike. George is about to hit Mike, who smiled at George's girlfriend. To prevent this, Mike locks George in the closet. George sues Mike for false imprisonment.
Case Rating: *
Mike may raise the following defenses in the false imprisonment lawsuit:
- Self-Defense: Mike could argue he acted to prevent imminent harm from George.
- Defense of Others: Mike might claim he was protecting himself and George's girlfriend from potential violence.
Is there a particular defense you would like more information about or another question related to this scenario?