Exam 5: Torts and Cyber Torts

Consent is a defense to an allegation of both assault and battery.

Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent.To give rise to fraud,the statement must be one of

Under the doctrine of comparative negligence,only the plaintiff's negligence is taken into consideration.

Obie accuses Portia,a broker with QT Financial Services,of fraudulently inducing him to invest in Riske Development Company,whose stock price declines in value.The reliance that gives rise to liability for fraud requires

Very few states have limited the amount of damages that can be awarded in tort cases.

A house is an example of personal property.

To determine whether a duty of care has been breached,a judge asks how a reasonable person would have acted in the same circumstances.

Ralph,a van driver for Speedy Delivery Company,causes a multi-vehicle accident on a city street.Ralph and Speedy are liable to

The public disclosure of private facts about a person is an invasion of privacy.

Richard is an avid baseball fan and attends baseball games whenever he can.Richard considers himself an expert on all things,including risks,related to baseball.One day a ball flies into the stands,hits Richard in the head and seriously injures him.Richard can probably successfully win a case against the sports stadium based on

After two years of research and an investment of a substantial amount of money,Coast-to-Coast Company (CC) develops a new product that it hopes will produce substantial profits.CC learns that a competitor,National Sales,Inc.,has made and begun to sell a nearly identical prod?uct.CC learns from a reliable source that National paid a CC employee to obtain the plans for CC's product when it was in development.What legal re?course does CC have against National?

Defense of others is a defense to an allegation of both battery and assault.

A Rhode Island state statute requires machinery in industrial plants to include automatic shut-off switches accessible to each employee working on the machine.Steel Company's equipment does not have the switches.Trudy,a Steel employee,suffers an injury that an accessible shut-off switch would have prevented.Trudy's best theory for recovery is

Statements made by members of Congress on the floor of Congress are NOT privileged communications and may be the basis for defamation charges.

Margaret is walking out of a department store.She is carrying lots of packages and talking on her cell phone.She is so distracted that she forgets to open the door and walks into it.She falls and breaks her ankle.Margaret can sue the department store for

Nico is a passenger in a car driven by Owen,whose reckless driving causes an accident,injuring himself.Nico,uninjured,accompanies Owen to Parkside Hospital in an ambulance.The ambulance is hit by a car driven by Quin,injuring Nico.Nico files a suit against Owen,alleging negligence.The element most likely to be a question for the court to decide is

Barbara is selling her car.She knows that the brakes do not work.When a potential buyer asks Barbara if there are any problems with the car,Barbara assures the buyer that there are no problems.The buyer purchases the car based on the assurance that there is nothing wrong with it.The buyer may be able to sue Barbara for

Lizzie,a clerk at a Movies Unlimited store,takes a DVD player from the store without permission.Lizzie is liable for

Defense of property is NOT a defense to an allegation of assault or battery.

Harm must be foreseeable to be considered the proximate cause of an injury in negligence.