Exam 6: Elements of Torts

If a jury finds there is comparative negligence in a tort case, which of the following happens:

Albert is attacked by Bruce while getting out of his car in a store parking lot. Albert punches Bruce in the face, breaking Bruce's nose. When Bruce sues Albert for battery, Albert is likely to use ____ as a defense.

In Chambers v. Travelers Companies, where Chambers sued for defamation after she was fired for her behavior, which included failure to reveal certain information about a business trip, but the district court held for Travelers, and the appeals court agreed because:

In Lawler v. Montblanc North America, where Lawler was fired soon after telling her supervisor that for medical reasons she could not work more than 20 hours per week, the appeals court held she could sue the employer for mental distress because her expert witness testified that she was emotionally fragile and was "nearly destroyed" by the action.

When an assault occurs, a battery also occurs.

For there to be defamation, there usually must be harm to the person about whom the false statement is made.

Alex sues Lisa for $60,000 for damages suffered as a result of her negligence because she failed to place a sign on the door of her restaurant warning customers to "Watch Your Step" as they exited the building. A jury awards Alex $40,000 because Alex's intoxication made him 33% responsible for his injuries. Lisa avoided full liability because she showed:

Tort law makes every individual:

A tort is:

The constitutional privilege:

Carl's neighbor writes a column for the local paper. One week he reveals Carl's drug abuse problems and Carl is subsequently fired from work. Carl will probably sue his neighbor for:

To have a case in tort, the injury sustained by a person must be:

Because danger invites rescue, those people who attempt to rescue others and get hurt in the process must bear the costs of their harms themselves.

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, the railroad should not have been held liable for negligence because:

Defenses to a negligent act include:

In Palsgraf v. Long Island Railroad, Palsgraf was hurt at a train station by equipment that fell on her during an explosion. The New York high court held that the railroad was liable for negligence in protecting its patrons.

On a hot day, you see a baby left in a car while the parents are not to be seen. The child is obviously hot, so you break the window on the car to let air in. The parents sue you for damaging their vehicle. Your defense will likely be:

Erin's employer published a story about her that portrayed her as a sneaky, deceitful person when in reality, she is a very open and honest person. Erin will probably sue for:

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 letter to Extracto concerning Elmo's work record was partly true and partly untrue. If Elmo sued Jo and E-Z based on the untruths, on what theory would he base his claim:

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 and the appeals court held that: