Exam 6: Elements of Torts

In Fuerschbach v. Southwest Airlines, where Fuerschbach was "arrested" at work as part of a prank, the appeals court held that if Fuerschbach's "personal dignity" was offended, then the tort of battery may have occurred.

Steve has a disorder that causes him to pass out randomly. While driving one day, he passes out, is in an accident, and injures Juan.

Which of the following is not a defense that may be raised in case of assault or battery:

Which of the following is not a necessary element of defamation:

Harassing telephone calls may be the basis for a tort case of:

Falsely accusing someone in public of having a serious, sexually-transmitted disease may be defamation per se.

Which of the following is not an category of intentional tort:

In Squish La Fish v. Thomco Specialty Products, involving an adhesive that did not work as claimed, the appeals court held that the claim of negligent misrepresentation:

With the gradual adoption of some portions of the Restatement (Third) of Torts, courts will:

The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person. The reasonable person:

Gray was fired from AT&T for falsifying her own records. When she filed for unemployment compensation, AT&T told the company handling her claim why it had fired her. She sued AT&T for defamation. The court would likely find no suit because AT&T had a business reason to share the negative information about Gray.

Edwards' purse was stolen. Someone then used her checkbook to write bad checks to a store. She was arrested with other suspects who had written bogus checks to the store. She was able to prove she was a victim and was released from jail. She sued the police and the store for false arrest. The trial court found for Edwards. The appeals court held that:​

A business can become involved in tort action in all of the following ways EXCEPT:

Assumption of risk is a(n):

Joe finds Mary alone in the copy room at work. He closes the door, says "I know you really want me baby," and pins her against the wall, forcing her to be very close to him for 10 minutes while he tells her how much he wants her. She keeps telling him to get away. There:

Intentional conduct that places a person in fear of immediate bodily harm or offensive contact is the tort of:

If you are driving negligently and run off the road and hit a person on the sidewalk, the rule of res ipsa loquitur is likely to apply.

Seki agreed that Groupon could sell 18 hot air balloon rides on his Magical Adventures company balloons. He did not give Groupon permission to use his company name. When it did on its website, Seki sued Groupon for invasion of privacy. The court of appeals held that Seki had:

The notion of cause in fact in a tort is also called the "but for" or sine qua non rule.

William, a sports reporter, finds out some embarrassing facts about a star soccer player hidden in a public record and publishes them. William is probably safe from an invasion of privacy suit because: