Legal 3000: 06-07

Which is NOT an element to establish negligence:

Intent

Which is NOT a recognized classification of torts:

Intentional Torts

Which of the following has nothing to do with false imprisonment?

Intentional and unjustifiable confinement.

Cooktop, Inc., manufactures cooktops on which Juarez burns his fingers. Has Cooktop, Inc. unreasonably violated its standard duty of care?

No, because stoves get hot and some people get burned when they are careless.

Which of the following acts normally do NOT constitute the tort of conversion?

Temporarily borrowing a friend's textbook and then returning it.

Trespass to land has nothing to do with obtaining permission for use of that land.

False

When you borrow a friend's tablet device and refuse to give it back, you have committed trespass to land.

False

You accidentally bump into someone on the sidewalk and that person falls, but is unharmed. Nonetheless, that person usually can successfully sue you for damages?

False

Which of the following questions does a court NOT ask to determine whether the requirement of causation is met?

Was there intent?

Which of the following is NOT an element of the tort of wrongful interference with a contractual relationship.

A third party must unintentionally cause one of the parties to break the contract.

An attorney's conduct is judged by the reasonable person standard.

False

Because an intentional tort requires intent, a harmful motive is required.

False

The basic purpose of tort law is to punish criminal wrongdoers.

False

The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.

False

A person who commits a tort is known as a:

Tortfeasor

In our freely competitive economy, businesses have no limits on how they can attract customers.

True

The difference between intentional torts and torts involving negligence is that, in torts involving negligence, the tortfeaser does NOT wish to bring about the consequence of the act, nor does she or he believe that they will occur.

True

Stiles is much stronger than Ben and threatens to beat Ben, then punches him in the face, and knocks out a tooth. Ben will probably bring a lawsuit against Stiles

for assault and battery because there was both a threat and harmful contact.

If Larson sends Hank a text message telling him that his wife was killed in a car accident even though Hank knew that it was untrue, Hank may be able to sue his neighbor Larson for

intentional infliction of emotional distress

You are given permission to use Alvie's land for a one-day four-wheeled drive event. Your own truck breaks down during the event so you leave it on Alvie's property. Most likely you have committed

trespass to land.

Assumption of risk does NOT require

voluntary assumption of the risk.