Exam 6: Elements of Torts

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?

Mary,who has developed a deep hatred of Joe,disguises her voice and calls him one night claiming to be a nurse at a hospital in the city where Joe's parents live and tells him that his parents have just been killed in a car accident.Joe would be most likely to win a tort suit for:

James's employer published a picture of him on the company website without James's permission.James could sue the company for:

The proximate cause of an injury is the _________ cause of the injury.

The law of torts reflects:

Consent,privilege,self-defense and defense of others and of property are all:

Which of the following is unlikely to be classified an intentional tort:

For a person to be found liable for an intentional tort the jury must find that there was a careless act that led to the harm.

Which is not a necessary element of negligence?

Defenses to intentional torts are:

In Palsgraf v.Long Island Railroad,where Palsgraf was hit by machinery that fell when an explosion occurred at a train station,and she sued the railroad for negligence,the New York high court held that the railroad:

Steve has a disorder that causes him to pass out randomly.While driving one day,he passes out,is in an accident,and injures Juan.

The doctrine of ____________________ permits damages to be decreased by the percentage of plaintiffs' injuries caused by plaintiff's negligence.

If Sam points a gun at Harry,a stranger,and says "Prepare to die," but then does nothing,the tort possibly committed is:

If a defamatory message is sent by e-mail,the e-mail server company,such as AOL,is unlikely to be liable for defamation.

You see a house on fire and break down the door to see if anyone needs to be rescued.If the owner of the house sues you for the value of the door,you have a defense called privilege.

Which of the following would be least likely to be an invasion of privacy:

Driving down the street you stupidly run a red light and hit a car legally going through a green light.You knock that car into a parked car,which knocks a loaded gun out of the parked car that falls on the street and fires a bullet that hits a person walking on the sidewalk.That person sues you in tort for damages.They will probably:

Defenses to a negligent act include:

Kyla negligently starts a fire in a back of her restaurant.Lou is a customer at the restaurant.When he sees the flames filling the kitchen area,he rushes back to the kitchen to help put them out and to help get the kitchen staff out of harm's way.In the process Lou suffers some serious burn.If he sues Kyla,Kyla will: