Exam 5: Torts and Strict Liability

Brooke has fallen asleep on the beach.Eight guys,who are all friends of hers,get into a circle around her and one gets really close and screams,"Snake!" into her ear.When she jumps up screaming,they all start laughing at her.What tort,if any,have they committed?

False imprisonment is defined as:

Assuming that statutory requirements are met,what is protected under merchant protection statutes?

Each person has the exclusive legal right to control and profit from the commercial use of his or her name and identity during his or her lifetime.

In the Palsgraf case,foreseeability was an issue.What question did the court address in the case?

Powdersurf is a manufacturer of snowboards.Powdersurf is an aggressive marketer,and new to this product line.Powdersurf has adopted several strategies to help it rapidly build market share.One approach was to begin an advertising campaign that criticizes its competitor's products.For example,it has made several claims,known to be (false) ,about the materials used in the competitor's boards.It has also made claims about a tendency of one competitor's boards to break during use.This was based on an independent lab's report that later proved to be (false).Lastly,Powdersurf made several allegations about the president of the leading competitor,primarily claiming that it was the opinion of Powdersurf that he did a poor job as president.Discuss any tort claims that might be brought against Powdersurf and their likely resolution.

The tort of assault and the tort of battery:

The following are required to be proven in a negligence case except:

Merchant protection statutes allow merchants to stop,detain,and investigate suspected shoplifters without being held liable for false imprisonment if there are reasonable grounds for the suspicion,suspects are detained for only a reasonable time,and investigations are conducted in a reasonable manner.

Proximate cause is also called "equitable cause."

If two (or more)persons are liable for negligently causing the plaintiff's injuries,both (or all)can be held liable to the plaintiff if each of their acts is a substantial factor in causing the plaintiff's injuries.

If Aimee sues Faye for assault and Aimee wins,Faye,if she believes that the court made a bad decision and that Aimee only sued for malicious reasons,may successfully sue Aimee for malicious prosecution.

Regarding fraud,scienter refers to the intent to injure the innocent party.

The proximate cause requirement for a negligence tort is most likely not met where:

In terms of fraud liability,the wrongdoer's knowledge that his or her representation was false and was intended to deceive the innocent party is known as:

When filing a lawsuit for negligence,the plaintiff must declare whether the contributory negligence or comparative negligence doctrine applies to the dispute.

Oliver,a student at Well Known University,has bad manners and a bad temper.One day Susie,another student,accidentally bumped him in the hall.Oliver completely lost his temper and hit Susie in the back as she walked away.Susie did not see Oliver hit her,but several witnesses confirm that he did so.Susie reported Oliver to the school administrator.The school administrator threatened to expel Oliver.That infuriated Oliver.Oliver began making threatening phone calls to Susie at all hours of the night insulting her and making outrageous statements regarding her appearance and character.Oliver also wrote an editorial in the school newspaper to the effect that Susie told lies.Finally Oliver sued Susie for assault and battery.Susie counterclaimed for assault,battery,the intentional infliction of emotional distress,slander,and libel.What claims are viable and why? (Note-assume that both Oliver and Susie are over the age of eighteen)

Burger Prince is one of the largest hamburger chains in the nation,and fiercely competitive with the well-known chain of Captain Hook Seafood House restaurants.Captain Hook has recently introduced a new line of hamburgers in order to expand beyond seafood.Burger Prince received information that it believed was reliable indicating that the Captain Hook's burgers contained substantial amounts of filler.Burger Prince then ran advertisements saying that its pure beef burgers were better than the Captain Hook's burgers that used filler.Which of the following is true?

With regard to the elements of negligence,foreseeability is most directly related to which of the following?

Under the ________ intent doctrine,the law transfers the perpetrator's intent from the target to the actual victim of the act.