Exam 4: Tort Law

After a dinner at Rosario’s Italian Eatery, Stephanie believes that she was overcharged and shoves Thom, the waiter. Thom sues Stephanie, alleging that the shove was a battery. Stephanie is liable

A tortfeasor is one who wrongfully alleges that a tort has been committed.

Some risks are obvious but, with respect to the duty of care required to establish negligence, a warning is always necessary.

Felix tells Genie, a prospective tenant, that the roof of the Hillside Apartments building does not leak when Felix knows that it does. This may give rise to an action for fraud, because the statement is one of

A defamatory statement must be communicated to a third party to be actionable.

Basil, a clerk at Cycle World, takes a bicycle from the store without the owner's permission. Basil is liable for conversion

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

Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as

Data Analytics, Inc., and eProducts Corporation market competing software products. Data Analytics launches an advertising campaign claiming that eProducts, instead of testing software before it is marketed, has customers "test" the software by using it. eProducts knows this is not true but begins to lose sales to Data Analytics. On what ground could eProducts sue Data Analytics for injury to eProducts' reputation?

As a joke, Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam. Jem may have committed

Through tort law, society compensates those who suffer injuries as a result of others' wrongful conduct.

Shelby owns Reclamation & Restoration (R&R), a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Thelma, a spectator. Under the theory of strict liability, Shelby must pay for Thelma's injury

The most widely used defense in negligence actions is comparative negligence.

Jess, an accountant, distributes a handbill to her business clients and potential customers accusing her competitor Kelly of being a convicted thief. The statement is defamatory if

Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of

Harm must be foreseeable to be considered the proximate cause of an injury in negligence.

In a digital billboard ad, Mainstream Headwaters falsely accuses Northwest Passages, a competitor, of selling stolen kayaks, canoes, and other boats and boating gear. Northwest's sales decrease. Mainstream has most likely committed

Defense of others is a defense to an allegation of assault.

Diego is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Diego's paperwork, he is held in jail for a month. The police are most likely liable for

Fifi, a clerk at a Games n' Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for