Exam 6: Elements of Torts

The sine qua non rule is also known as the:

Falsely accusing someone of committing a crime may be defamation per se.

In Lawler v. Montblanc North America, where Lawler, a store manager, was fired after telling her employer that she could not work more than 20 hours a week due to a medical condition. She sued for emotional distress but lost at trial. For the appeals court to reverse the district court's judgment for the defendant it held that Lawler would have had to show that:

If someone comes up behind you and hits you on the head with a brick, you would sue them for the intentional tort of assault.

Jill publicly states that Alvin committed a murder. Jill's statement is considered:

Negligence in tort may be imposed only if a party acted improperly. A failure to act cannot itself lead to a tort.

Tort law is intended to try to put an injured party in the position he would have been in if the tort had not occurred.

The tort of assault is:

Once established, assumption of risk:

Assume that Karen walks up to you and slaps you in the face. You slap her back. She sues you for battery. In this case, you:

The doctrine of comparative negligence permits damages to be:

If an accounting firm is sued for negligently preparing a faulty financial report for a company, it is likely that the accounting firm is:

The concept behind the tort of invasion of privacy is to:

While Mrs. O'Leary may have been negligent in leaving an oil lamp in the barn for her cow to kick over, she would not be held liable for the Great Chicago Fire of 1871 because the chain of events from the cow kicking the lantern to the destruction of the city was not:

To be liable for a tort the defendant must have:

In one case, a man who was drunk wanted to recover money another man owed him. He pulled a gun and, in the course of a struggle, accidentally shot the man who owed the money. The man who was shot sued for battery. A court is likely to hold that the man with the gun:

Contact that does not cause actual physical harm, but offends a reasonable person's sense of dignity could be a tort of:

The tort of assault is:

If Sam points a gun at Harry, a stranger, and says "Prepare to die," but then does nothing, the tort possibly committed is:

In Fuerschbach v. Southwest Airlines, where Fuerschbach was "arrested" at work as part of a prank, the appeals court held that the police may be liable for a battery for pretending to arrest her.