Exam 6: Elements of Torts

Because theft is such a large problem most state legislatures allow stores to hold anyone for suspected shoplifting without threat of tort suit.

There are several key elements needed to establish the legal requirements for there to be an intentional tort.Which is not an element:

If a person is being threatened with an attack,another person has the privilege to:

In Squish La Fish v.Thomco Specialty Products,where a company bought an adhesive that did not work as expected,the appeals court held that the seller of the adhesive could not be liable for negligent misrepresentation,but the manufacturer could be.

If an accounting firm is sued for negligently preparing a faulty financial report for a company that caused significant losses by those who relied on the accounting,the accounting firm is likely to be:

Self-defense is a likely defense to a defamation action.

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:

Ordinary care or due care is a standard of care that the law presumes:

If someone calls you from a city in another part of the country and tells you they want to strangle you,there has probably been an assault.

William,a sports reporter,finds out some embarrassing facts about a star soccer player hidden in a public record and publishes them.William is probably safe from an invasion of privacy suit because:

If causal connection between a person's act and the resulting harm to another is broken by an intervening act or event,the act or event is called:

In McCune v.Myrtle Beach Indoor Shooting Range,where McCune lost an eye playing paintball and sued the paintball facility,the appeals court held that the facility:

In one case,a man who was drunk wanted to recover money another man owed him.He pulled a gun and,in the course of a struggle,accidentally shot the man who owed the money.The man who was shot sued for battery.A court is likely to hold that the man with the gun:

Conduct is negligent if:

A business can be involved in a tort action if a person is harmed or injured by an employee.

If you get into a fight and suffer injuries,the person who fought with you probably must pay for your injuries because it is battery.

Juries in tort cases often award large sums of money because:

A tort is broadly defined as a civil wrong,other than a breach of contract,for which the law provides a remedy.

A person has acted negligently if:

The only defense to battery is privilege.