Exam 6: Torts

Dom,an EZ Baked Goods salesperson,follows Flora,a salesperson for Gooey Pastries,Inc.,as she attempts to make sales to food stores.Dom solicits each of Flora's customers.Dom is most likely liable for wrongful interference with a

Duffy is a passenger in a car that Caleb is driving when an accident occurs.Both Caleb and Duffy are emotionally rattled,but neither is physically hurt.Caleb is not liable to Dufy on a negligence theory because

Specifically targeting the customers of a competitor is always a legitimate business practice.

Jayne develops a new color of lipstick.To market her lipstick,Jayne uses a computer design program to show a famous model using Jayne's lipstick.Jayne does not ask the model's permission.The model can sue Jayne for

Under the doctrine of comparative negligence,only the plaintiff's negligence is computed and the liability for damages is distributed accordingly.

Judges use proximate cause to limit the scope of a defendant's liability to a subset of the total number of potential plaintiffs that might have been harmed by the defendant's negligence.

Courts apply the assumption of risk doctrine only in emergency situations.

Moral pressure constitutes false imprisonment.

There are three broad classifications of torts: intentional torts,unintentional torts,and accidental torts.

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 grounds could eProducts sue Data Analytics for injury to eProducts' reputation

For fraud to occur,seller's talk must be involved.

Hayley is injured in an incident caused by Isolde.Hayley files a tort action against Isolde,seeking to recover for the damage suffered.Damages that are intended to compensate or reimburse a plaintiff for actual losses are

Abuse of process applies to any person using a legal process against another in an improper manner.

Luella trespasses on Merchandise Mart's property.Through the use of reasonable force,Merchandise Mart's security guard Norris detains Luella until the police arrive.Merchandise Mart is liable for

A misrepresentation leads another to believer in a condition that is different from the condition that actually exists.

Jackie,an accountant,distributes a flyer to her business clients and potential customers that accuses her competitor Ked of being a convicted thief.The statement is defamatory if

Dixie,a driver for Express Delivery Company,leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery.The truck rolls and crashes into a nearby gas station pump,igniting a fire that spreads quickly to a construction site a block away.A burned wall collapses onto a crane,which falls on Fazio,a bystander,and injures him.What must Fazio show to recover damages from Express Delivery

Rafi,a van driver for Speedy Delivery Company,causes a multi-vehicle accident on a city street.Rafi and Speedy are liable to

Oliver slips and falls on Port Harbor's Tour Boat and is injured.Oliver files a suit against Port Harbor for $500,000.If Oliver is 20 percent at fault and Port Harbor is 80 percent,under the "50 percent rule" comparative negligence principles,Oliver would recover

Failure to live up to a standard of care may be an act or an omission.