Exam 6: Elements of Torts

Assumption of risk is a ____ defense.

To defeat a defense of qualified privilege, the plaintiff must establish that the defendant acted with:

In a tort of negligence, causation is:

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

Mary is running for the School Board. Joe tells people that Mary was convicted of prostitution several times. This is true, but the revelation is distressing to Mary who is now successful in business and has put her past behind her. Most likely, Mary will:

In England, it is easier to bring a libel suit against a newspaper than it is in the U.S.

For a person's negligent conduct to be legally linked to its consequences, the chain of events connecting the two must be:

There are several key elements needed to establish the legal requirements for there to be an intentional tort. Which is not an element:

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 the seller may be liable for negligence.

In Geczi v. Lifetime Fitness, where Geczi was injured by a defective treadmill machine at Lifetime, the court held that the state legislature had exempted such places of business from tort liability.

Libel involves spoken defamatory communication.

Which of the following is not a defense that may be raised in case of assault or battery:

A tort is NOT:

The law of torts reflects all EXCEPT:

In Geczi v. Lifetime Fitness, where Geczi suffered an injury when a treadmill at Lifetime malfunctioned but a jury held Lifetime not to be negligent, the appeals court held that Lifetime was not liable because Geczi _____________.

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

In Squish La Fish v. Thomco Specialty Products, involving an adhesive that did not work as hoped in product packaging, Squish La Fish sued the adhesive seller for negligent misrepresentation because:

The tort of emotional distress protects from conduct that goes beyond the bounds of decency, but not from:

Gray was fired from AT&T for falsifying her own records. When she filed for unemployment compensation, AT&T told the company handling her claim why it had fired her. She sued AT&T for defamation. The court would likely find this to be defamation per se because such fraud is potentially a criminal offense.

While playing volleyball you are set to return a shot when another player stupidly runs up behind you and also tries to get the ball. This player (on your team) knocks you down; you break your arm. There is: