Exam 6: Elements of Torts

You see someone stealing the highly prized hubcaps off your car. You have the right to protect your property by using:

Intentional torts are based on:

Some false statements communicated to others are presumed by law to be harmful to the person about whom they were made, so no proof of harm is required to win such a defamation suit.

The owner of a store sees someone reaching in to steal cash from a cash register while no one is near it. The store owner shoots the thief. The thief sues in tort for the injuries intentionally inflicted on him. The owner has a defense that protects him from liability.

A privilege can excuse what would have been a tort if the defendant:

If a defendant in an intentional tort action did not intend to cause harm:

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

Jemal is playing basketball at a school's outdoor court. Kevin asks if he can join the game. Jemal agrees. After playing for 15 minutes, Kevin is knocked to the ground. His wrist breaks when he hits the concrete. If Kevin sues Jemal for his injury, a court will probably find:

A robber holds up a store with a gun. The store owner shoots the robber in the leg. The robber sues in tort for the injuries intentionally inflicted on him. The owner has a defense that protects him from liability.

Defamation per se is when:

One day while Phil is out shopping, George searches Phil's home for evidence he could use to blackmail Phil. George finds nothing, causes no damage, and puts everything back in order before he leaves. George could most likely be sued for:

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 the seller of the adhesive could not be liable for negligent misrepresentation, but the manufacturer could be.

Liability waivers are also called exculpatory clauses.

There is no assault if:

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

To determine if a person's conduct was negligent, one asks:

If you are driving and, because you are talking on your cell phone and not paying attention, you accidentally run into another car, you have been negligent.

Torts are common law crimes.

Even if an injured party establishes the required elements of negligence, the injured party may be denied compensation if the defendant establishes:

In case of a tort claim of emotional distress, the plaintiff could: