Exam 6: Torts

Abuse of process applies to any person using a legal process against another in an improper manner.

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Gooey Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora's customers. Dom is most likely liable for wrongful inter?ference with a

Oakes enters Parnell's property to read an electric meter. Parnell asks Oakes to leave. Oakes refuses. Oakes has most likely committed

Occasionally, the courts award punitive damages in tort cases to punish the wrongdoer and deter others from similar wrongdoing.

Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall col?lapses onto a crane, which falls on Fazio, a by?stander, and injures him. What must Fazio show to recover dam?ages from Express Delivery?

Judges use proximate cause to limit the scope of a defendant's liability to a subset of the total number of potential plaintiffs that might have been harmed by the defendant's negligence.

Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks

Hayley is injured in an incident precipitated by Isolde. Hayley files a tort action against Isolde, seeking to recover for the damage suffered. Damages that are intended to compensate or reimburse a plaintiff for actual losses are

Under the doctrine of comparative negligence, only the plaintiff's negligence is computed and the liability for damages is distributed accordingly.

Duffy is a passenger in a car that Caleb is driving when an accident occurs. Both Caleb and Duffy are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dufy on a negligence theory because

The duty to exercise reasonable care requires storeowners to warn business invitees of all risks.

In advertising circulars, Lo-Price Autos falsely accuses Hi-Value Vehicles, a competitor, of selling stolen cars. Hi-Value's sales decrease. Lo-Price has most likely committed

Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for

Negligence per se may occur if an individual violates a statute or an ordinance providing for a criminal penalty and the violation causes another to be injured.

There are three broad classifications of torts: intentional torts, unintentional torts, and accidental torts..

Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of

Jackie, an accountant, distributes a handbill to her business clients and potential customers accusing her competitor Ked of being a convicted thief. The statement is defamatory if

Jayne develops a new color of lipstick. To market her lipstick, Jayne uses a computer design program to show a famous model using Jayne's lipstick. Jayne does not ask the model's permission. The model can sue Jayne for

Failure to live up to a standard of care may be an act or an omission.