Exam 6: Elements of Torts

Most defamation suits come from:

Intentional torts concern willful interference of a protected personal or property right.

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 had no case for emotional distress as there was no outrageous conduct involved.

Assault is a direct,intentional,uninvited physical contact without consent.

If a person intends to act to cause a harmful or offensive contact,he is liable for the tort of:

Defenses to a negligent act include:

Gray was fired from AT&T for falsifying her own records.When she filed for unemployment compensation,AT&T told the company handling her claim why it had fired her.She sued AT&T for defamation.The court would likely find no suit because AT&T had a business reason to share the negative information about Gray.

Senator Hotair,Mary's uncle,has become disgusted with Joe.At a press conference the Senator attacks Joe,calling him names,saying he is a disgusting person and must be crazy.This is printed widely.Joe wants to sue the Senator for defamation.He can sue:

Suppose a surgeon is sued for negligence by a patient for having accidentally botched an operation.The standard that applies to the surgeon is the reasonable person,which means:

When Mary runs for the School Board,Bob announces that Mary has a history of not paying her bills,which is true but private information.Mary is humiliated but has no cause of action in tort against Bob because they are in the political arena.

In Noel v.River Hills Wilsons,where false information about Noel was accidentally given to an employer,the appeals court held that Noel could sue for damage to his ability to gain employment from the workplace defamation.

The principal distinction between assault and battery is:

To prove intent for an intentional tort,the plaintiff must show willful misconduct by the defendant.

The concept behind the tort of invasion of privacy is to:

For there to be defamation,there usually must be harm to the person about whom the false statement is made.

In McCune v.Myrtle Beach Indoor Shooting Range,where McCune lost an eye playing paintball when he mask came off,the court held that the liability waiver signed by McCune violated public policy,so her suit could proceed.

Alicia,talking on her cell phone,foolishly runs off the road and over Eduardo's foot.The tort that Eduardo will most likely initiate is:

If a magazine publishes a story that says you were a drug user in the past,which is not true,you may not sue for invasion of privacy because of First Amendment freedom of the press.

Refer to Fact Pattern 6-1.If,after slapping Jo,Jo kicks Elmo,Elmo may sue her for:

If a doctor is accused of negligence in treating a patient.The standard of care is that which any person would have given in the same situation.