Exam 4: Torts and Cyber Torts

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

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

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

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

Kelly is injured when she slips and falls on Layla's sidewalk.To determine whether Layla owed a duty of care to Kelly,Layla is subject to the standard of

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

Under the doctrine of strict liability,liability is imposed strictly according to fault.

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

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

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

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?

Louis-larger and stronger than Mica-threatens to hit Mica before hitting and injuring him.Mica files a suit against Louis for assault and battery.Mica will most likely recover for

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

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

For purposes of establishing negligence,causation in fact exists if an injury would have occurred even without the defendant's act.

Bette backs out of City Parking Garage,colliding with Dill's car.Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as

Fraud occurs only when there is reliance on a statement of opinion.

Dru tells his Excel Company coworkers that Fiona,Excel's office manager,is stealing from their employer.The statement is defamatory only if

To avoid liability for negligence,a business owner must protect its patrons against all risks.

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