Exam 6: Elements of Torts

The principal distinction between assault and battery is:

Intentional physical contact without consent may constitute the tort of:

Assault is intentional conduct that places a person in fear of immediate harm, but it need not actually involve personal harm.

Mike's is a highway construction company. Mike's is laying a highway through the mountains in West Virginia. At one spot they have to blast a hole through some rocks. Myra is hiking along the side of the road when the explosion occurs. She is thrown down by the explosion and breaks her leg. If she sues Mike's, she will:

In Wassell v. Adams the plaintiff was 97% responsible for the attack she suffered in a hotel room. As a result, the jury awarded her 3% of an $850,000 verdict, or $25,500. This action reflects which of the following legal doctrines?

Joe files for bankruptcy in federal court. Liz, a reporter, finds out about this public document and prints a story in the newspaper about Joe's bad finances. Joe sues Liz for invasion of privacy. In this case, Joe has:

The tort that protects individuals from harm based on careless and unintentional conduct of others is called:

Proximate cause limits liability to harms:

A conditional privilege eliminates liability for defamation when the statement:

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:

In Squish La Fish v. Thomco Specialty Products, involving an adhesive that did not work as hoped in product packaging, the company that bought the adhesive sued the seller for a tort called:

Which of the following is not an intentional tort involving interference with personal rights:

Due to criticism that the proximate cause rule is difficult to understand and apply, some states have replaced it with the:

A medical worker helped care for a patient. She then told a mutual friend about the problem of the patient. The patient has a good suit for invasion of privacy against the medical worker.

To prove intent for an intentional tort, the plaintiff must show willful misconduct by the defendant.

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:

Intervening conduct is similar to superseding cause in negligence cases.

A person has acted negligently if:

Entertainers, politicians and sports personalities differ from average individuals in that:

In a case in which a doctor is sued for negligence due to an accidentally botched surgery, the reasonable person standard would be that of: