Exam 9: Torts and Privacy protection

Which of the following was the result in Lev v.Beverly Enterprises-Massachusetts,Inc.,the case in the text involving whether an employer could e held liable for negligence when an intoxicated employee causes an automobile accident after leaving a restaurant where he discussed work with his supervisor over drinks?

The U.S.Supreme Court has held that in order for a public official or public figure to recover damages for defamation by a media defendant,there must be a showing of

In most states shopkeepers who detain and later release a shoplifter may be held liable for false imprisonment even if the detention was reasonable and based on reasonable cause.

Which of the following was the result in Burlarley v.Wal-Mart Stores,Inc.involving whether an employer may be held vicariously liable for injury to a customer caused by an employee who was joking around during her shift and threw items in the plaintiff's face?

Which of the following is true regarding battery?

Tort damages generally attempt to restore the plaintiff to the same position he or she was in before the tort occurred.

Under the doctrine of ________,the plaintiff may recover only the proportionate amount of damages attributable to the defendant's negligence

Trespass may occur below the surface of land.

Which of the following is the exercise of dominion and control over the personal property,rather than the real property,of another?

The tort of negligence does not include the element of ______.

Paul is suing Dan for negligence arising out of a boating accident.What are the elements that Paul must prove in order to win his case? Discuss fully.

Playing loud music late at night for recreation in a residential neighborhood can constitute a private nuisance.

Define and explain the theory behind the economic loss rule.

Fact Pattern 9-1 Frank belongs to the same country club as his former physician, Dr. Bozo. Frank recently started dating Dr. Bozo's former wife, Alice, and decided to find a new physician. Frank found out that Dr. Bozo has been telling their mutual friends at the club about Frank's high blood pressure and problems with anxiety. Frank is very angry, confronts Dr. Bozo on the golf course, and tells him that he is going to sue him under a federal law protecting medical information. Dr. Bozo laughs and says in front of a number of Frank's golfing buddies, "I'm not surprised that you're going nuts and that you have high blood pressure - hanging out with Alice has done that to many a man. -Refer to fact pattern 9-1. What right of action,if any,would Frank have against Dr.Bozo?

The Class Action Fairness Act of 2005 moved many class actions from federal courts into state courts.

Assumption of risk is a defense to the tort of negligence.

Fact Pattern 9-2 Blake lives in a jurisdiction that applies joint and several liability along with the doctrine of contribution. He was involved in a very unfortunate motor vehicle accident. Tony hit Blake's new Mercedes in the rear just as Cathy crossed the center line and sideswiped him. Blake's car was severely damaged, and Blake suffered from whiplash for a few weeks. Blake sued both Tony and Cathy. It was determined at trial that both Tony and Cathy were negligent, that Blake was not negligent, that Tony was 60% responsible for Blake's injuries, that Cathy was 40% responsible for Blake's injuries, and that Blake's total damages were $100,000. -Refer to fact pattern 9-2. Assuming she has the financial resources or sufficient insurance,can Blake recover the entire $100,000 from Cathy?

Fact Pattern 9-1 Frank belongs to the same country club as his former physician, Dr. Bozo. Frank recently started dating Dr. Bozo's former wife, Alice, and decided to find a new physician. Frank found out that Dr. Bozo has been telling their mutual friends at the club about Frank's high blood pressure and problems with anxiety. Frank is very angry, confronts Dr. Bozo on the golf course, and tells him that he is going to sue him under a federal law protecting medical information. Dr. Bozo laughs and says in front of a number of Frank's golfing buddies, "I'm not surprised that you're going nuts and that you have high blood pressure - hanging out with Alice has done that to many a man. -Refer to fact pattern 9-1. Is there any federal law prohibiting Dr.Bozo from revealing Frank's medical history?

Spoken defamation is known as

Trespass to personal property and conversion are different names for the same tort.