Exam 9: Business Torts

A-Plus Linens sent the following notice to John C.Lincoln Hospital: "We'll pay you.Drop your current linen service and we'll give you $5 for every 100 pounds of linen you send our way." The notice sent by A-plus:

Jane Mitchell,age 16,was shopping at her neighborhood Osco Drug Store.She had been looking at magazines as she waited for a friend.She decided to purchase a Tiger Beat magazine and then wait for her friend outside the store.She paid for the magazine,but as she headed for the door,the store manager used the store's loudspeaker system to announce,"You,with the green hair and the maroonConverse shoes on.Yes,you,by the front of the store.I saw you take that magazine.Stop right there.I have a gun pointed at you." The manager's actions:

Assumption of risk is not a defense unless there was full information prior to the risk being assumed.

The shopkeeper's privilege applies:

Which of the following is not an element of negligence?

Public figures:

The "bystander effect" is an exception to contributory negligence liability.

Assumption of risk is a complete defense to negligence.

The distinguishing element between intentional torts and negligent torts is:

The shopkeeper's privilege is a defense to false imprisonment if the detention is reasonable.

Proximate cause:

​James Keller was an employee at Radical Boards,Inc.Radical Boards is a surf and skateboard shop that also sells clothing.While employed there,Radical Board's principal shareholder discovered that Keller had created peep holes in the shop's dressing rooms.When confronted with the peep holes,Keller denied every using them and indicated that they were there to prevent shoplifting.The shop manager was told to fire Keller.Shortly after Keller left,a 16-year-old and her mother filed suit because the teen learned,through conversations with Keller,that he had seen her in the dressing room while she was trying on swimming suits.Keller was able to describe her not-generally-seen birthmarks to her. -Suppose that Radical Board's manager simply verifies employment for the camp director.During Keller's first month at the camp,he is able to gain access to the girls at night and sexually assaultsthree of them.The girls' parents have brought suit against the camp as well as Radical Boards.The camp:

On a radio talk show,the host said,"That no-good felon,O.J.Simpson." Mr.Simpson hasbeen convicted of a felony.

A breach of duty can still be established for negligence cases even when the defendant has complied with the law.

Cindy Bonfield posted the following on her Facebook,"My friend Eliza just stole an Apple phone from Walmart.Can you believe it?" Eliza was working at the time and did not steal the phone.Which of the following statements is true?

"Negligence in the air" is the standard of liability the Palsgraf case established.

If a defendant in a defamation suit holds a qualified privilege:

Beyoncé is an example of a public figure for purposes of proving malice.

Negligence is available as a tort remedy only when the breach of duty is a statutory violation.

To establish the tort of false imprisonment,there must have been some physical harm.