Exam 4: Torts and Cyber Torts

Joy invites Ken into her apartment.Ken commits trespass to land if he

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

Consent is a defense to an allegation of assault,but not battery.

George has a badly infected right foot.Herb,George's physician,prescribes amputation.George agrees.During the operation,Herb amputates the left foot.In George's suit against Herb,George's best theory for recovery is

Jaqy distributes a handbill among her neighbors accusing one of them-Ked-of being a convicted sex offender.The statement is defamatory only if

Defamation is one person's use of another's name without permission.

Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.

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 product.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 recourse does CC have against National?

To commit an intentional tort,one person must intend to harm a certain other person.

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

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

False imprisonment occurs when a person restrains another intentionally and without justification.

Dian,a clerk at an Entertainment Unlimited store,takes a DVD player from the store without permission.Dian is liable for

Jim is an appliance salesperson.To make a sale,he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is

Good intention is a complete defense to conversion.

Dom,an EZ Baked Goods salesperson,follows Flora,a salesperson for Goody 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 interference with

Bella owns a farm in Colorado.Doyle drives his sport utility vehicle off a highway and onto Bella's land.Doyle commits trespass if he

Under a dram shop act,liability can be imposed without proof of negligence.

Nico is a passenger in a car driven by Owen,whose negligence 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,whose best defense is

Clyde enters Desert Decathlon,an athletic competition in which Clyde has often competed.Regarding the risk of injury,Clyde assumes the risks