Exam 6: Elements of Torts

The sine qua non rule or but for rule is that:

In Fuerschbach v.Southwest Airlines,where Fuerschbach was "arrested" at work as part of a prank,the appeals court held that the police may be liable for a battery for pretending to arrest her.

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

The tort of assault is:

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 he had a case because:

Refer to Fact Pattern 6-1.Jo's ad asserts that Elmo embezzled funds (untrue)and that Elmo Is careless (probably true).If Elmo sues Jo over the ad,what would he be suing for?

In a tort of negligence,causation is:

A superseding cause is an act that:

In Palsgraf v.Long Island Railroad,Palsgraf was hurt at a train station by equipment that fell on her during an explosion.The New York high court held that the railroad was liable for negligence in protecting its patrons.

Baseball fans who willingly sit where they might be hit by a stray baseball during the normal course of play are:

The law of torts reflects all EXCEPT:

Which of the following is most likely to be an example of an assault?

The tort of printed or written defamatory communication is:

Intentional torts:

If someone comes up behind you and hits you on the head with a brick,you would sue them for the intentional tort of assault.

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

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

The constitutional privilege:

The major defense(s)in assault and battery cases is (are):

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: