Exam 8: Torts

In numerous states, former employers are protected by a qualified privilege for factual comments made about former employees who are applying for jobs at other companies.

John was driving his car in a careless way, failing to drive as a reasonably prudent person would under the driving conditions. Ramona was crossing the street in a careless way, failing to cross as a reasonably prudent person would. John struck and injured Ramona with the car John was driving. At trial, it was determined that John was 80 percent at fault and that Ramona was 20 percent at fault. The injuries sustained amounted to $100,000. Explain how much, if any, recovery Ramona would receive in a state that applies the contributory negligence rule. Do the same thing for a state that applies the comparative negligence rule.

The tort of invasion of privacy includes all of the following except:

Negligence is imposed because the activity involved is so dangerous that there must be full accountability, even if the activity is necessary and cannot be prohibited

Commercial exploitation, also called right of publicity, is a form of invasion of privacy.

Causing someone's character to be questioned is a wrong against the person and is the tort of defamation.

A local newspaper devotes its New Year's Day issue to people who have performed heroically during the past year. One of the people included in the article was Janet, a local actress. Eight months earlier, a fire started in the theater while she was in the middle of a performance. Rather than running out, she stayed to help frightened members of the audience get out of the theater. The New Year's article stated that Janet had been unable to find work as an actress because of burns to her hands and feet and that, as a result, she owes a great deal of money. Janet sued the newspaper for invasion of privacy. Based on what you have learned in this chapter, how should the case be decided?

Bruce opens a used car lot but has difficulty competing with Humdinger Motors, a much larger used car lot down the street. In his newspaper ad, Bruce includes the false statement, "Humdinger sells cars with defective titles." Humdinger experiences an immediate decrease in sales. Bruce has most likely committed the tort of:

Professionals have a duty to perform their functions at the same level as would a reasonable person.

A wrong that arises from a violation of a private duty is called a:

The tort of false imprisonment requires the permanent detention of a person without their consent.

Dan is a famous syndicated radio personality for BratRadio. He has a distinctive voice and manner of speaking. MoreTalk, BratRadio's competitor hires Gordon, who sounds nearly identical to Dan, to host a competing show. MoreTalk encourages Gordon to imitate Hugh as closely as possible while on the air. MoreTalk is most likely to be liable for:

Customer reviews and complaints such as "the worst cruise experience of my life" are protected opinion.

A contractor would be liable for ________ if the demolition of a structure with dynamite caused damages to surrounding structures.

There are several defenses available when the standard of strict liability is applied.

Sal sent Max an e-mail message telling Max that his wife had been killed in a car accident, and Sal knew this was untrue. Max may be able to sue Sal for:

The use of someone's car without that person's permission is a trespass to personal property.

Once the cause in fact is established, the plaintiff must establish ________, that is the harm by the injured person that was a foreseeable consequence of the defendant's negligent actions.

What type of damages are recoverable when the defendant's tortious conduct is accompanied by fraud, malice, or willful or wanton conduct?

People generally have a duty to act as a reasonably prudent person would in similar circumstances.