Exam 6: Elements of Torts

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:

In an assault or battery tort case,consent is when:

Intentional torts are based on:

In Forgie-Buccioni v.Hannaford Brothers,where Forgie-Buccioni was detained in a grocery store's security room after being accused of not paying for Drixoral cold medicine,the appeals court held that:

Self-defense is a _______________ based on the need to allow people who are attacked to take steps to protect themselves.

Intentional physical contact without consent may constitute:

With the gradual adoption of some portions of the Restatement (Third)of Torts,courts will:

The three privileges that may be used as a defense to a defamation action are conditional,constitutional,and:

Tort suits generally come from:

Torts are common law crimes.

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.

If you are walking to your car at night in a dark parking lot and a stranger steps from behind a car and points a gun at you,there has probably been an assault.

Businesses,because they are not legal persons,may not cause a tort,only humans.

To be liable for an intentional tort the defendant must have:

In one case a woman shopping at K-Mart was accused by a security guard,after she walked out of the store,of having put merchandise in her purse.She denied it and opened her purse so he could look in it.He still insisted she took things and told her to come back into the store.Eventually a manager intervened and let her leave.She sued and won $175,000 for false imprisonment.K-Mart appealed.You would expect the court to hold:

In Noel v.River Hills Wilsons,Inc. ,where Noel sued Wilsons for accidentally providing false negative information to his current employer which caused him to lose his job,the appeals court found that there was no libel or slander on the part of Santillan,a manager at Wilsons,because:

A tort is:

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:

In an assault or battery case a privilege can:

The ________________ test states "A legal cause of injury is a cause which is a substantial factor in bringing about the injury."