Exam 6: Elements of Torts

Because public figures,such as movie stars,are subject to so much pressure from the media,they have an easier time bringing a suit for invasion of privacy.

The right to privacy 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 Reynolds v.Ethicon Endo-Surgery,where Reynolds suffered a miscarriage soon after her employer told her she would be fired if she did not move to another city.She sued for emotional distress and the appeals court held that:

Waivers of liability or exculpatory clauses:

Joe files for bankruptcy in federal court.Liz,a reporter,finds out about this public document and prints a story in the newspaper about Joe's bad finances.Joe sues Liz for invasion of privacy.In this case,Joe has:

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

The tort of emotional distress protects:

A conditional privilege eliminates liability for defamation when the statement:

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 there may be a case of negligent misrepresentation by the seller.

In most courts the tort of emotional distress requires evidence of physical injury to the victim.

John refuses to pay his bill due at a store.The store owner grabs John by the shirt,screams in his face and demands the money "or else." John is shaken but unhurt.John would most likely sue for the tort of:

In Palsgraf v.Long Island Railroad Company,involving a woman injured by an accidentally dropped package of fireworks that exploded as it was run over by a train,Palsgraf's injuries were not a result of negligence on the part of the railroad because:

New Zealand,which has an English law heritage,does not allow tort litigation.

Due to criticism that the proximate cause rule is difficult to understand and apply,some states have replaced it with the:

A tort is NOT:

Entertainers,politicians and sports personalities differ from average individuals in that:

Because danger invites rescue,those people who attempt to rescue others and get hurt in the process must bear the costs of their harms themselves.

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:

The right to privacy is: