Exam 6: Elements of Torts

If you are driving negligently and run off the road and hit a person on the sidewalk, the rule of res ipsa loquitur is likely not to apply.

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:

A medical worker helped care for a patient.She then told a mutual friend about the problem of the patient.The patient has a good suit for invasion of privacy against the medical worker.

In Forgie-Buccioni v.Hannaford Brothers,where Forgie-Buccioni was detained in a grocery store's security room after being accused of not paying for Drixoral cold medicine,the appeals court held that:

For the tort of false imprisonment there must be physical restraint of the victim.

Cause in fact is established by:

In an assault or battery case a privilege can:

Extreme debt collection tactics,such as late night threatening phone calls,may cause legal action based on the tort of:

All torts,which are civil matters,are also potentially criminal acts.

Defenses to a negligent act include:

Waivers of liability or exculpatory clauses:

In a tort action:

The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person.The standard of care that the law presumes the reasonable person meets is:

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:

The term res ipsa loquitur means:

If an accounting firm is sued for negligently preparing a faulty financial report for a company,it is likely that the accounting firm is:

Driving down the street you stupidly run a red light and hit a car legally going through a green light.You knock that car into a parked car,which knocks a loaded gun out of the parked car that falls on the street and fires a bullet that hits a person walking on the sidewalk.That person sues you in tort for damages.They will probably:

Due to the requirement of proximate cause,in order for a person to be held liable for negligence it must be shown that:

The tort of emotional distress:

In James v.Bob Ross Buick,where a car dealership sent letters to customers over James's signature after he had been fired,the appeals court held that James had no suit for invasion of privacy because there were no damages since sending the letter cost him nothing.