Exam 4: Torts and Cyber Torts

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

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

Roger wants Andy to work late on a project. He tells Andy that the morally correct thing to do is to stay late at the office and work on the project. Andy feels obligated to stay and work late due to the moral pressure from Roger. Andy stays late at the office, even though he does not want to. Andy can sue Roger for

Jean is playing a video game on a defective disk that melts in her game player, starting a fire that injures her hands. Jean files a suit against K-Tech, Inc., the game's manufacturer. K-Tech is held liable under the doctrine of strict liability. A significant appli?cation of this doctrine is in the area of

The courts consider legitimate competitive behavior permissible only if it does not result in the breaking of a contract.

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

Nico is a passenger in a car driven by Owen, whose reckless driving 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, and Nico is injured. Nico files a suit against Owen, alleging negligence. The element most likely to be a question for the court to decide is

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

For a tort to be considered intentional, the tortfeasor must have an evil or harmful motive.

Ralph, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street. Ralph and Speedy are liable to

Any lawful contract can potentially form the basis for an action based on wrongful in?terference with a contractual relationship.

Self-defense is a defense to negligence.

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

Liz trespasses on Mega Corporation's property. Through the use of rea?sonable force, Mega's security guard Ned detains Liz until the police ar?rive. Mega is liable for

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

Wrongfully taking personal property without the owner's permission is conversion.

The extreme risk of an activity is a defense against imposing strict liability.

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

The public disclosure of private facts about a person is an invasion of privacy.

Class-action lawsuits are suits in which a number of persons join together to bring an action.