Exam 6: Elements of Torts

You are the goalie of a college ice hockey team. If your jaw is broken by an opponent who accidentally hits your face with his stick you probably have a good suit for battery.

Alicia, talking on her cell phone, foolishly runs off the road and over Eduardo's foot. The tort that Eduardo will most likely initiate is:

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

In an intentional tort, the person who committed the tort must have wanted the result to occur that did, in fact, happen.

An individual liable for negligence might not have intended to injure another person.

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:

Reckless or outrageous conduct that creates severe mental torment may be the tort of:

In Fuerschbach v. Southwest Airlines, where Fuerschbach was "arrested" by the police as a prank at work, the appeals court held that there could be a tort of assault and battery by the police because:

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

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 had no case for emotional distress as there was no outrageous conduct involved.

Which of the following is not an element needed to show negligence:

In Geczi v. Lifetime Fitness, where Geczi was injured by a defective treadmill machine at Lifetime, the court held that Geczi lost her right to sue because she assumed the risks of playing and signed a liability waiver.

A man was injured while riding a mechanical bull owned by an independent contractor at a state fair. He paid to ride the bull and signed a form that he understood the risk of injury. After he was injured, he sued the fair that provided the ride for negligence. You would expect the court held that:

For there to be an intentional tort, the person who commits the tort must be shown to have the motive of malice.

In some states, such as California, proximate cause has been replaced by a negligence rule of liability that holds: A legal cause of injury is a cause which is a(n) ____ in bringing about the injury.

In Noel v. River Hills Wilsons, where false information about Noel was accidentally given to an employer, the appeals court held that Noel could sue for damage to his ability to gain employment from the workplace defamation.

Reckless or outrageous conduct that creates severe mental torment is the tort of:

If John shoots Bill when he sees him stealing a packet of gum from John's convenient store, John will not be able to use defense of property as a defense because:

If you are waving a gun at someone to scare them, and it accidentally goes off and hits the person, you are likely liable for battery.

A young woman let a strange man into her motel room and was assaulted by him. She sued the motel. Because she was found 97% responsible, the motel did not have to pay her anything.