Exam 6: Elements of Torts

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.

An accounting firm was sued for negligently preparing a financial report for a company.It causes losses to occur and the firm was found to have been negligent in its work.This meant that the firm would likely be:

Jill publicly states that Alvin committed a murder.Jill's statement is considered:

In some states,if a plaintiff is found to have contributed fifty percent or more of the negligence to a situation,then there may be no recovery from the defendant.

Falsely accusing someone of committing a crime may be defamation per se.

In determining if a person's conduct is negligent,the law applies the "subjective person" standard of what is reasonable for that person.

The tort of printed or written defamatory communication is:

A man was injured when riding a mechanical bull at a state fair.The ride was working properly,but riders usually get bucked off.The man signed a waiver that he accepted the possibility of injury from a fall.When he sued for his injuries,you would expect the court to throw out the suit if the waiver clearly stated the dangers.

The doctrine of comparative negligence permits damages to be:

Absolute privilege grants immunity in situations where:

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

In James v.Bob Ross Buick,where James had been fired from a car dealership that then sent letters to customers under his name,James sued for invasion of privacy and the appeals court held that:

In Reynolds v.Ethicon Endo-Surgery,where Reynolds suffered a miscarriage after she was told she would be fired if she did not move to another city for her employer,the appeals court held she could sue the employer for mental distress.

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

The assumption of risk defense requires that:

There is no assault if:

Tort law does NOT:

A group of workers applied for work at a company looking to hire workers.They were locked in an enclosure and the police were called to report that they were trespassing.The workers could not sue for false imprisonment because the property owner was defending company property.

Damages in a negligence suit are found to be $100,000.If the jury finds the plaintiff was 40 percent responsible,the defendant would pay for 60 percent of the damages ($60,000)under the rule of comparative negligence.

California and other states use the "substantial factor" test instead of the proximate cause rule.