Exam 6: Elements of Torts

In Palsgraf v. Long Island Railroad, where Palsgraf was hit by machinery that fell when an explosion occurred at a train station, and she sued the railroad for negligence, the New York high court held that the railroad:

Absolute, conditional and constitutional privileges are all:

Power company employees turned off a traffic signal while working on a power line and a fatal accident resulted. The employees, not the power company, could be liable for negligence that contributed to the accident.

Juries in tort cases often award large sums of money because:

Senator Hotair, Mary's uncle, has become disgusted with Joe. At a press conference the Senator attacks Joe, calling him names, saying he is a disgusting person and must be crazy. This is printed widely. Joe wants to sue the Senator for defamation. He can sue:

Damages in a negligence suit are found to be $100,000. If the jury finds the defendant was 60 percent responsible, the defendant would pay for 60 percent of the damages ($60,000) under the rule of comparative negligence.

In most courts the tort of emotional distress requires evidence of physical injury to the victim.

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

The use of a person's name or picture without permission is an example of the tort of:

Tort suits generally come from:

If an accounting firm is sued for negligently preparing a faulty financial report for a company that caused significant losses by those who relied on the accounting, the accounting firm is likely to be:

The ____ test states "A legal cause of injury is a cause which is a substantial factor in bringing about the injury."

John refuses to pay his bill due at a store. The store owner grabs John by the shirt, screams in his face and demands the money "or else." John is shaken but unhurt. John would most likely sue for the tort of:

In Fuerschbach v. Southwest Airlines, where Fuerschbach was "arrested" by the police as a prank at work, the appeals court held that there:

A medical worker was sued by a patient for discussing the patient's medical condition with a mutual friend. The patient most likely sued the medical worker for the tort of:

To harass someone with late-night phone calls, profanity, threats, name-calling, and extreme badgering could lay the groundwork for the tort of:

The doctrine of ____ permits damages to be decreased by the percentage of plaintiffs' injuries caused by plaintiff's negligence.

If you get into a fight and suffer injuries, the person who fought with you probably must pay for your injuries because it is battery.

A criminal case differs from a tort case because:

To use a person's name without permission for commercial purposes may be the tort of invasion of privacy.