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BLAW 371 UNL FINAL EXAM 2024/2025
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BLAW 371 UNL FINAL EXAM 2024/2025
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BLAW 371 UNL FINAL EXAM 2024/2025False imprisonment is the deprivation of a person's liberty without
justification. To establish a cause of action, the plaintiff must show: -
Answer ✔✔the restraint was intentional
The two forms of the tort of defamation are____ and ___. The difference
between them is that ___ is publication of defamatory matter through
speech and ___ is publication of defamatory matter by writing, print, or
broadcast. - Answer ✔✔Lible, Slander, Slander, Libel
In Lawler v. Montblanc North America, where Lawler, a store manager,
was fired after telling her employer that she could not work more than
20 hours a week due to a medical condition, she sued for emotional
distress and the appeals court held that: - Answer ✔✔she had no claim
for emotional distress because the situation was upsetting, not
outrageous
Intentional conduct that places a person in fear of immediate bodily
harm or offensive contact and such harmful or offense contact directly or
indirectly occurs, is the tort of: - Answer ✔✔battery
The Tort of Intentional interference with contract or business
relationship requires:
1.Existence of a Valid or Enforceable Contract or Business Relationship;
,2.Defendant's knowledge of the contract or relationship;
3.Defendant's intentional inducement of the breach of contract or
intentional interference with the business relationship;
4.Damages Resulting from the Wrongful Interference;
AND
5._________________, which was the key element at issue in the
Hamby v. Health Management Associates, Inc. case. - Answer
✔✔Absence of Justification, improper conduct, or improper conduct by
plaintiff
The four necessary elements of a negligence cause of action are: -
Answer ✔✔Duty, breach, causation, damages
Proximate cause limits liability to harms: - Answer ✔✔that bear a
reasonable relationship to the defendant's negligent conduct
Under the doctrine of ___
negligence, damages are reduced by the percentage of the injuries
caused by a plaintiff's own careless conduct. - Answer ✔✔Comparative
This doctrine is now more common than the older doctrine of ___
negligence, in which the plaintiff's own careless conduct is a complete
bar to recovery of damages. - Answer ✔✔Contributory
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: - Answer ✔✔could proceed because the
defendant may have negligently provided false information
(1) Of the necessary elements of the tort of intentional
misrepresentation, which element, regarding the recipient's (plaintiff's)
actions, was most pivotal to the 8th Circuit's decision? - Answer ✔✔1.
The element of misstatement of material fact was most pivotal in the 8th
Circuit's decision because they couldn't prove it.
(2) What primary element required for the tort in Yazdianpour v.
Safeblood Technologies, Inc is not required for the tort at issue in the
case of Squish La Fish v. Thomco Speciality Products? - Answer ✔✔2.
The Scienter element is not required for the tort at issue in the case of
Squish La Fish v. Thomco Speciality Products.
Match the legal doctrin with what type of legal issue it applies to:
1. Res Ipsa Loquitor
2. Caveat Emptor
3. Scienter - Answer ✔✔1. Negligence
2. Product liability
3. Intentional Tort
In MacPherson v. Buick Motor the court held for MacPherson for
injuries caused by defective wheels on his Buick. This seminal case
allowed for negligence for product liability without the plaintiff having
to prove the existence of ______________ between the injured
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