Exam 4: Torts and Cyber Torts

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

Self-defense is a defense to an allegation of both assault and battery.

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

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

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 neg?ligence principles, Frank would recover

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

Very few states have limited the amount of damages that can be awarded in tort cases.

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

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

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

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

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

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

Lizzie, a clerk at a Movies Unlimited store, takes a DVD player from the store without permission. Lizzie is liable for

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

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

In newspaper ads, Lo-Price Autos falsely accuses Hi-Value Vehicles, a competitor, of selling stolen cars. Hi-Value's sales decrease. Lo-Price has most likely committed

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

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

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