TOUSSAINT LAW 3220 EXAM
TWO QUESTIONS AND ANSWERS
(LATEST)
3 ways businesses become involved in a tort - ANSWERS-1) person
is harmed by actions of business or its employees
(2) person is harmed by a product manufactured or distributed by the
business
(3) business is harmed by the wrongful actions of another business or
person
T/F: torts are civil not criminal - ANSWERS-T
what should remedies to torts do - ANSWERS-place injured party in
the position they were in before the tort
3 elements of negligence based torts - ANSWERS-(1) breach of duty
of care wrongdoer owed to injured party, owed to plaintiff
(2) causation (causal connection to the injury)
(3) injury/damages
gross negligence - ANSWERS-conscious & voluntary disregard for
need to use reasonable care
,reasonable person standard - ANSWERS-how persons in the relative
community ought to behave
what defines standards of care - ANSWERS-statues
proximate cause - ANSWERS-reasonable relationship to damages
res ipsa loquitur - ANSWERS-the thing speaks for itself (case is so
obvious)
danger-invites-rescue doctrine - ANSWERS-negligent party
responsible for losses suffered by those who attempt to save people
people who are in danger as the result of the original tort of others
CASE: Palsgraf v. long island RR co. - ANSWERS-- not foreseeable
that the guards pushing firework man onto the train would cause the
scales to fall on palsgraf
- HELD: reversed and dismissed; nothing in the situation suggest such
a result (unexpected)
2 defenses of negligence action - ANSWERS-1) assumptions of risk =
liability waiver or exculpatory clause
2) comparative negligence = can weigh who is most liable
CASE: geczi v. lifetime fitness - ANSWERS-- treadmill was broken
and geczi got an arm injury
, - lifetime employees knew the machine was broken but no sign was
placed on it
- HELD: affirmed; language in contract was clear and unambiguous
types of intentional torts - ANSWERS-assault, battery, false
imprisonment or false arrest, infliction of emotional or mental
distress, invasion of privacy, defamation (libel and slander)
3 conditions of intentional torts - ANSWERS-1) person knew what
they were doing
2) intent to do the act which reasonable would cause harm
3) knew or should've know the consequences of an actions
assault - ANSWERS-placing the plaintiff in fear of immediate bodily
injury
battery - ANSWERS-unlawful touching, intentional physical contact
w/ out consent, offense to reasonable person sense of dignity
stand your ground doctrine - ANSWERS-no requirement to retreat if
they are in your property, force for force
CASE: fuerschbach v. southwest airlines - ANSWERS-- worked as a
customer rep for southwest, as a prank her supervisor set up a fake
arrest
TWO QUESTIONS AND ANSWERS
(LATEST)
3 ways businesses become involved in a tort - ANSWERS-1) person
is harmed by actions of business or its employees
(2) person is harmed by a product manufactured or distributed by the
business
(3) business is harmed by the wrongful actions of another business or
person
T/F: torts are civil not criminal - ANSWERS-T
what should remedies to torts do - ANSWERS-place injured party in
the position they were in before the tort
3 elements of negligence based torts - ANSWERS-(1) breach of duty
of care wrongdoer owed to injured party, owed to plaintiff
(2) causation (causal connection to the injury)
(3) injury/damages
gross negligence - ANSWERS-conscious & voluntary disregard for
need to use reasonable care
,reasonable person standard - ANSWERS-how persons in the relative
community ought to behave
what defines standards of care - ANSWERS-statues
proximate cause - ANSWERS-reasonable relationship to damages
res ipsa loquitur - ANSWERS-the thing speaks for itself (case is so
obvious)
danger-invites-rescue doctrine - ANSWERS-negligent party
responsible for losses suffered by those who attempt to save people
people who are in danger as the result of the original tort of others
CASE: Palsgraf v. long island RR co. - ANSWERS-- not foreseeable
that the guards pushing firework man onto the train would cause the
scales to fall on palsgraf
- HELD: reversed and dismissed; nothing in the situation suggest such
a result (unexpected)
2 defenses of negligence action - ANSWERS-1) assumptions of risk =
liability waiver or exculpatory clause
2) comparative negligence = can weigh who is most liable
CASE: geczi v. lifetime fitness - ANSWERS-- treadmill was broken
and geczi got an arm injury
, - lifetime employees knew the machine was broken but no sign was
placed on it
- HELD: affirmed; language in contract was clear and unambiguous
types of intentional torts - ANSWERS-assault, battery, false
imprisonment or false arrest, infliction of emotional or mental
distress, invasion of privacy, defamation (libel and slander)
3 conditions of intentional torts - ANSWERS-1) person knew what
they were doing
2) intent to do the act which reasonable would cause harm
3) knew or should've know the consequences of an actions
assault - ANSWERS-placing the plaintiff in fear of immediate bodily
injury
battery - ANSWERS-unlawful touching, intentional physical contact
w/ out consent, offense to reasonable person sense of dignity
stand your ground doctrine - ANSWERS-no requirement to retreat if
they are in your property, force for force
CASE: fuerschbach v. southwest airlines - ANSWERS-- worked as a
customer rep for southwest, as a prank her supervisor set up a fake
arrest
