Exam 6: Elements of Torts

Fact Pattern 6-1 E-Z Rid disposes of toxic wastes. Elmo worked for E-Z. He contacted clients, negotiated contracts, and oversaw the daily operations at E-Z. The company is so busy its safety procedures are overlooked to get all the work done. Elmo knew safety lapses at E-Z (including improperly burying toxic waste) were common, but he overlooked this because he wanted the company to succeed. Elmo happy until one day he and Jo Wong, president of the E-Z, had an argument. Elmo quit and began to look for another job. Extracto, a rival of E-Z, needed someone like Elmo. He interviewed and thought he would get the job. But when Extracto got a letter describing Elmo's work, they told him they could not hire him. Jo had written a negative and partly untrue account of his work record. Elmo started his own business and contacted many of E-Z's clients. He told them that E-Z was having safety problems, that they could be financially liable for E-Z's negligence, and that Jo was unstable. Many of E-Z's customers switch to do business with Elmo. When Jo discovered what Elmo had done she was furious. She bought a one-page ad in the local paper which stated that Elmo was a careless businessman whose business was bound to be awful, and who embezzled funds from clients in the past (not true). Elmo then stormed onto E-Z's property and went into Jo's office. After calling her a no-good liar, Elmo slapped her. -Refer to Fact Pattern 6-1. If, after slapping Jo, Jo kicks Elmo, Elmo may sue her for:

James's employer published a picture of him on the company website without James's permission. James could sue the company for:

Infliction of emotional distress is involuntary conduct by a person that causes an outrageous effect on another.

Waivers of liability or exculpatory clauses:

An accounting firm was sued for negligently preparing a financial report for a company. It causes losses to occur and the firm was found to have been negligent in its work. This meant that the firm would likely be:

An employee at the factory where you work announces on the loudspeaker that you are an alcoholic (untrue); you can sue for defamation.

A tort is:

Kyla negligently starts a fire in a back of her restaurant. Lou is a customer at the restaurant. When he sees the flames filling the kitchen area, he rushes back to the kitchen to help put them out and to help get the kitchen staff out of harm's way. In the process Lou suffers some serious burn. If he sues Kyla, Kyla will:

To establish the legal requirement of intent for an intentional tort:

The intentional tort of assault requires that:

If alleged consequences are too far removed from the negligent conduct:

In one case a woman shopping at K-Mart was accused by a security guard, after she walked out of the store, of having put merchandise in her purse. She denied it and opened her purse so he could look in it. He still insisted she took things and told her to come back into the store. Eventually a manager intervened and let her leave. She sued and won $175,000 for false imprisonment. K-Mart appealed. You would expect the court to hold:

If a person intends to act to cause a harmful or offensive contact, he is liable for the tort of:

Fact Pattern 6-1 E-Z Rid disposes of toxic wastes. Elmo worked for E-Z. He contacted clients, negotiated contracts, and oversaw the daily operations at E-Z. The company is so busy its safety procedures are overlooked to get all the work done. Elmo knew safety lapses at E-Z (including improperly burying toxic waste) were common, but he overlooked this because he wanted the company to succeed. Elmo happy until one day he and Jo Wong, president of the E-Z, had an argument. Elmo quit and began to look for another job. Extracto, a rival of E-Z, needed someone like Elmo. He interviewed and thought he would get the job. But when Extracto got a letter describing Elmo's work, they told him they could not hire him. Jo had written a negative and partly untrue account of his work record. Elmo started his own business and contacted many of E-Z's clients. He told them that E-Z was having safety problems, that they could be financially liable for E-Z's negligence, and that Jo was unstable. Many of E-Z's customers switch to do business with Elmo. When Jo discovered what Elmo had done she was furious. She bought a one-page ad in the local paper which stated that Elmo was a careless businessman whose business was bound to be awful, and who embezzled funds from clients in the past (not true). Elmo then stormed onto E-Z's property and went into Jo's office. After calling her a no-good liar, Elmo slapped her. -Refer to Fact Pattern 6-1. Jo's ad asserts that Elmo embezzled funds (untrue) and that Elmo is careless (probably true). If Elmo sues Jo over the ad, what would he be suing for?

If you are driving negligently and run off the road and hit a person on the sidewalk, the rule of res ipsa loquitur is likely not to apply.

Absolute, conditional and constitutional privileges are all:

Which of the following is not a necessary element of defamation:

All torts, which are civil matters, are also potentially criminal acts.

Defamation includes the torts of slander and misappropriation of a likeness.

In contrast to a criminal case, in a tort case: