Torts Law (Chapter 6) Flashcards
For those who have suffered injuries as a result of the wrongful conduct of others, through tort law, society supports
compensation
Lyn is injured when a part of a building ledge breaks free and strikes her. If Lyn brings a successful tort action against the building’s owner, she may be awarded special damages to compensate her for
monetary losses, such as medical expenses
Marco is harmed when Nell defames him. If Marco brings a successful tort action against Nell, he may be awarded general damages to compensate him for
nonmonetary aspects of the harm suffered, such as loss of reputation.
Opal is injured and her property is damaged when a truck with defective brakes careens off an adjacent highway and crashes into her home. If Opal brings a successful tort action against the truck’s owner for gross negligence, she may be awarded punitive damages to
punish the defendant and deter others from similar wrongdoing.
Rico brings a tort action against Sal and proves all of the elements of the claim. Sal’s successful defense will
release the defendant from partial or full liability for the tortious act
Don interferes with the business interests of Erin in a way not permitted by law, and Erin’s business is harmed as a result. To be liable to Erin for the commission of an intentional tort, Don must have
intended to commit the act.
After a dinner at Rosario’s Diner, Sharon believes that she was overcharged and shoves Tom, the waiter, who is injured when he falls. Tom sues Sharon, alleging that the shove was a battery. Sharon is liable if
the shove was offensive.
Evan is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Evan’s paperwork, he is held in jail for a month. The police are most likely liable for
false imprisonment.
Hilo tells the Internal Revenue Service that Jon “cheated on his taxes.” This can lead to Hilo’s liability for defamation if the statement is
false
In a phone call to Lou, Mia makes statements about Nye that injures Nye’s reputation. If Nye can prove all of the elements of defamation and Mia cannot assert a sufficient defense, Mia is most likely liable for
slander
In an online blog, Oren states that Publicity Corporation invaded the privacy of individuals to collect marketing data for its clients. If the firm can prove all of the elements of defamation and Oren cannot assert a sufficient defense, Oren is most likely liable for
libel
Erol works for a Food Packing Company. Erol’s supervisor Gwen writes a negative review of Erol’s performance. Gwen believes the statements are true, and limits their communication to the firm’s management. In a tort action for defamation, Gwen can most likely assert as a successful defense
privilege.
Dylan applies for a position with Electrical Works LLC. Dylan’s previous employer, Federal Circuits Inc.,gives Electrical Works a review of Dylan that includes negative statements Federal Circuits knows are untrue. This is
defamation.
Hal posts online secretly recorded videos of Ida, and includes her name, address, phone number, and Facebook page. Most likely, Ida could bring a successful tort action against Hal for
invasion of privacy.
Pete, a broker, advises Ollie to invest in Rocky Road Inc. When the share price of Rocky’s stock decreases, Ollie accuses Pete of fraud, claiming reliance on Pete’s advice. The reliance that gives rise to liability for fraud requires
a misrepresentation of fact knowing that it is false.
Bram knows that the pipes in his building leak, but he tells Cass, a potential buyer, that there are no leaks. On this assurance, Cass buys the building. On learning the truth, she may sue Bram for
fraudulent misrepresentation.
Fran tells Gio that her Hyundai Kia has never been in an accident. This may give rise to an action for fraud if the statement is
false
Len, a MedCo Supplies salesperson, follows Nan, a salesperson for Optima Health Products (a MedCo competitor) as she visits locations to make sales. Len solicits each of Nan’s customers. Len is most likely liable for
wrongful interference with a business relationship
Buddy’s Burgers advertises so effectively that the regular customers of its competitor Slimy’s Sliders patronize Buddy’s instead of Slimy’s. This is
none of the choices.
Trespass to land is committed if, without the permission of the property owner, a person
causes water to back up onto the property.
. Larry takes Kyla’s textbook and hides it so that she cannot find it during the week before the exam. In taking the textbook, Larry most likely committed
trespass to personal property.
In a digital ad, Geo Treks, a retail sports equipment store, falsely accuses its competitor Headwaters of selling stolen kayaks and other gear. Headwaters’ sales decrease. Geo Treks has most likely committed
slander of title.
Fred, a clerk at a Games Store, takes a game player and a selection of games from the store without permission. Most likely, Fred is liable for
conversion.
Without Research Data Corporation’s consent, Sia hacks into the firm’s computers and downloads trade secrets and other confidential information. Most likely, Sia is liable for the tort of
conversion.
Outlet Sales Store unknowingly buys goods that were stolen from Quality Products Inc. Most likely, Outlet Sales can be ordered to return the goods or pay their true owner for their value in a suit for
conversion.
Bix backs out of the City Parking Garage, colliding with Dill’s car. Dill may recover $7,500 to cover the cost of the repairs if Bix failed to act as
a reasonable person.
DIY, a retail hardware store, must use reasonable care on its premises to warn its invitees of
hidden dangers.
Ivy slips and falls on the deck of Jet’s Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the “50 percent” rule, if Ivy is more than 50 percent at fault, she will recover
nothing.
Ricard, an engineer, supervises the construction of a new mountainside roadway. The road collapses in a landslide due to faulty grading. Motorists injured in the collapse sue Ricard in a tort action for negligence. Under that theory, as a professional, Ricard is held to the same standard of care as
other engineers.
Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego’s tort action against Cato for negligence, Cato can most likely assert as a successful defense that
Diego was not injured
Dian enters a car race, knowing that there is a risk of being injured in a crash. Dian assumes
the risk of being injured in a crash
Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro’s recovery
even if Ichiro was only slightly at fault.
Shelly owns Reclaim & Restore (R&R), a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Penny, a spectator. Under the doctrine of strict liability, Shelly must pay for Penny’s injury
without regard to the fault of the R&R crew.
Excavation, Inc., uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because
the activity is extremely risky.
