Exam 4: Torts and Cyber Torts

A party cannot recover damages for severe emotional distress absent a show?ing of physical injury.

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

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

Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen's statement is NOT defamatory if

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

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

After two years of research and the investment of considerable funds, 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 while it was in development. What legal re?course does CC have against National?

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

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

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

Under the theory of negligence, the duty of care requires a careless act.

The use of a person's likeness for commercial purposes without permission is appropriation.

Under the "danger invites rescue" doctrine, a person who tries to rescue another individual from harm is liable for any injuries to that individual.

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

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

Some risks are obvious but that does not necessarily excuse a business owner from the duty to protect customers from foreseeable harm.

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 inter?ference with a

Through tort law, society compensates those who suffer injuries as a result of others' wrongful conduct.

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

Susan takes her car to Ken's repair shop and asks him to fix the car's brakes. Ken completes the work and sends Susan a bill for $100. Susan refuses to pay so Ken refuses to return Susan's car. Susan can probably successfully sue Ken for