Suppose that Warren is sitting in his living room watching his favorite television show
when a rock smashes through his roof, landing just next to him. He immediately heads
outside his house to discover that the rock came from blasting being performed by
Wiley blasting company, Inc. On an adjace...
LSB 3213 - Exam 5
Suppose that Warren is sitting in his living room watching his favorite television show
when a rock smashes through his roof, landing just next to him. He immediately heads
outside his house to discover that the rock came from blasting being performed by
Wiley blasting company, Inc. On an adjacent lot. Warren suffer severe emotional
distress because of the experience. What is his best theory of recovery against Wiley? -
✔️✔️Strict Liability
Special relationship - ✔️✔️In tort law, a heightened duty created between certain
parties, such as that of a common carrier to its passengers, and keepers two guests,
employers to employee, business to patrons, a school to students, and a landlord to
tenant and landowners
Written defamation is known as - ✔️✔️Libel
Which of the following is true regarding tortious interference with prospective
advantage? - ✔️✔️The law protects against interference with potential business
contracts and other business relationships
What are the two primary defenses to claims of negligence? - ✔️✔️Comparative
negligence and assumption of the risk
Suppose that Betty is involved in an Accident with Veronica. Betty sustained $100,000
in damages because of the accident. Betty Sue's Veronica, and at trial, the jury
determines that Veronica was negligent and 75% responsible for Betty's injuries, and
that Betty was also negligent and 25% responsible for her own injuries. According to the
theory of comparative negligence what (if anything) Will Betty recover from Veronica for
in terms of damages? - ✔️✔️$75,000
tort - ✔️✔️A civil wrong in which one party's action or inaction causes a loss to be
suffered by another party
Tortfeasor - ✔️✔️One who commits a civil wrong against another that result in injury to
personal property
tortious conduct - ✔️✔️The wrongful action or inaction of a tortfeasor.
Restatements of Torts - ✔️✔️An influential document issued by the American law
institute that summarizes the general principles of US toward laws and is recognized by
courts as a source of widely applied principles of law. The ALI has amended the
restatements twice, resulting in the restatement (Second) of Torts and the Restatement
(Third) of Torts
, Takeaway Concepts 1: - ✔️✔️Most toward law is governed by state common law
based on the restatement of torts
Takeaway Concepts 2: - ✔️✔️Products liability laws are typically a blend of state
common law and state statutory law
Intentional torts - ✔️✔️A category of torts in which the tortfeasor was willful in bringing
about a particular event that caused harm to another party
Negligence - ✔️✔️The category of torts in which the tortfeasor was without willful intent
in bringing about a particular event that caused harm to another party
Strict liability - ✔️✔️A category of torts in which a tortfeasor may be held liable for an
act regardless of intent or willfulness; plies primarily two cases of defective products and
abnormally dangerous activities
Libel - ✔️✔️Written defamation in which someone publishes in print (words or pictures)
Rights, or broadcasts through radio, television, or film in on truth about another that will
do harm to that person's reputation for honesty or subject a party to hate, content, or
ridicule
Slander - ✔️✔️Oral defamation in which someone tells one or more persons in on truth
about another that will harm the reputation for honesty of the person defamed or subject
a party to hate, contempt or ridicule
Absolute privilege - ✔️✔️A defense to a defamation claim where by the defendant
need not proffer any further evidence to assert the defense; provided to government
officials, judicial officers and proceedings, and state legislators
Qualified privilege - ✔️✔️A defense to a defamation claim whereby the defendant must
offer evidence of good faith and be absent of malice to be shielded from liability;
provided for the media and employers
Product disparagement statutes - ✔️✔️Statutes intended to protect the interest of a
state's major industries, such as agriculture, dairy, or beef.
Merchants privilege - ✔️✔️A narrow privilege, provided for in the Restatements, that
shields a merchant from liability for temporarily detaining a party who is reasonably
suspected of stealing merchandise.
Takeaway Concepts 3: - ✔️✔️A victim of fraud must show intentional
misrepresentation by the tortfeasor of a material fact, reliance on the fact, and damages
resulting from the reliance
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