Exam 6: Elements of Torts

A superseding cause is an act that:

The term res ipsa loquitur means:

Damages in a negligence suit are found to be $100,000. If the jury finds the plaintiff was 40 percent responsible, the defendant would pay for 60 percent of the damages ($60,000) under the rule of comparative negligence.

If a magazine publishes a story that says you were a drug user in the past, which is not true, you may not sue for invasion of privacy because of First Amendment freedom of the press.

With the gradual adoption of some portions of the Restatement (Third) of Torts, courts will:

In determining if a person's conduct is negligent, the law applies the "subjective person" standard of what is reasonable for that person.

In Squish La Fish v. Thomco Specialty Products, where a company bought an adhesive that did not work as expected, the appeals court held that there may be a case of negligent misrepresentation by the seller.

Assumption of risk is a(n) ____ defense.

With regard to torts, New Zealand differs from the United States in that:

A nightclub failed to install the proper number fire escape ladders. A fire in the men's bathroom kills a man trapped in there. The failure to have the legally required number of fire escapes is legally the cause in fact of the legal injury suffered.

If an English newspaper prints a hurtful story about Prince William, that is reprinted in American papers, and it turns out that the newspaper had no malice toward the Prince, but knew the story was not factual, Prince William would most likely:

Businesses, because they are not legal persons, may not cause a tort, only humans.

Negligence involves a breach of a duty of care owed to another person by either an act or a failure to act.

The law of torts reflects:

Intentional torts are based on:

Defenses to a negligent act include:

In Squish La Fish v. Thomco Specialty Products, where a company bought an adhesive to use in production based on seller's recommendation, and it did not work, the appeals court held that there was no evidence of negligence.

Sarah is attacked by Jane as she is getting her mail from the mailbox. Sarah punches Jane and knocks her unconscious. While Jane is unconscious, Sarah continues to punch her. Sarah will not be able to use self-defense as a defense if Jane sues her for battery because:

In Palsgraf v. Long Island Railroad Company, involving a woman injured by an accidentally dropped package of fireworks that exploded as it was run over by a train, Palsgraf's injuries were not a result of negligence on the part of the railroad because:

The tort of invasion of privacy may be committed in which of the following ways?