Exam 4: Torts and Cyber Torts

An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons.Jack's Fun Park fails to maintain its equipment.Key,a patron,is injured.Jack's has committed

Toni files a suit against Universal Media Corporation for defamation.Actual malice must be shown for recovery of damages if Toni is

A failure to return personal property is conversion even if the rightful owner consented to the initial taking.

The extreme risk of an activity is a primary basis for imposing strict liability.

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

Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability.

Frank slips and falls on Guy's Harbor Tour Boat and is injured.Frank files a suit against Guy's for $500,000.If Frank is 20 percent at fault and Guy's is 80 percent,under the "50 percent rule" comparative negligence principles,Frank would recover

An assumption of risk defense does not require that a risk be voluntarily assumed.

Sam,an engineer,supervises the construction of a new bridge.When the bridge collapses due to faulty construction,Sam is sued by those injured in the collapse.As a professional,Sam is held to the same standard of care as

Precise Engineering Corporation has a contract with Quik Mart Stores to provide customized software for Quik's inventory control system.Retail Outlets,Inc,Quik's competitor,induces Sam,a Precise subcontractor who is writing code for the Quik software,to delay delivery of the code for one week.As a result,Precise's delivery of the software is delayed,and Quik sustains $500,000 in lost profits.On what ground could Quik recover damages from Retail Outlets?

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

Tortfeasor is the term for a person who commits a tort.

Lew angrily accuses Mandy,a broker with New Financial Services,of fraudulently inducing him to invest in Open Pit Oil Company,whose wells are dry.The reliance that gives rise to liability for fraud is normally based on a statement of

In newspaper ads,Lo-Price Autos falsely accuses My-T Value Vehicles,a competitor,of selling stolen cars.My-T's sales decrease.Lo-Price has most likely committed

As a joke,Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam.Jem may have committed

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

Reaching for a bottle of soda from a display in a Bargain Mart store,Cody slips in a puddle of spilled soda and falls,suffering an injury.Bargain Mart's employees are not aware of the spilled soda until Cody falls.In a suit against Bargain Mart,Cody will most likely

If it can be shown that a trespass to land was warranted,a complete defense exists.

Liz trespasses on Mega Corporation's property.Through the use of reasonable force,Mega's security guard Ned detains Liz until the police arrive.Mega is liable for

An individual's right to privacy includes the exclusive use of his or her identity.