BLAW 371 UNL Final Exam Study Guide UPDATED ACTUAL QUESTIONS AND
CORRECT ANSWERS
False imprisonment is the deprivation of a person's liberty the restraint was intentional
without justification. To establish a cause of action, the
plaintiff must show:
The two forms of the tort of defamation are____ and ___. Lible, Slander, Slander, Libel
The difference between them is that ___ is publication of
defamatory matter through speech and ___ is publication
of defamatory matter by writing, print, or broadcast.
In Lawler v. Montblanc North America, where Lawler, a she had no claim for emotional distress because the situation was upsetting, not
store manager, was fired after telling her employer that outrageous
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:
Intentional conduct that places a person in fear of battery
immediate bodily harm or offensive contact and such
harmful or offense contact directly or indirectly occurs, is
the tort of:
, The Tort of Intentional interference with contract or Absence of Justification, improper conduct, or improper conduct by plaintiff
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.
The four necessary elements of a negligence cause of Duty, breach, causation, damages
action are:
Proximate cause limits liability to harms: that bear a reasonable relationship to the defendant's negligent conduct
Under the doctrine of ___ Comparative
negligence, damages are reduced by the percentage of
the injuries caused by a plaintiff's own careless conduct.
This doctrine is now more common than the older Contributory
doctrine of ___ negligence, in which the plaintiff's own
careless conduct is a complete bar to recovery of
damages.
In Squish La Fish v. Thomco Specialty Products, involving could proceed because the defendant may have negligently provided false
an adhesive that did not work as claimed, the appeals information
court held that the claim of negligent misrepresentation:
(1) Of the necessary elements of the tort of intentional 1. The element of misstatement of material fact was most pivotal in the 8th Circuit's
misrepresentation, which element, regarding the decision because they couldn't prove it.
recipient's (plaintiff's) actions, was most pivotal to the 8th
Circuit's decision?
(2) What primary element required for the tort in 2. The Scienter element is not required for the tort at issue in the case of Squish La
Yazdianpour v. Safeblood Technologies, Inc is not Fish v. Thomco Speciality Products.
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 1. Negligence
applies to: 2. Product liability
3. Intentional Tort
1. Res Ipsa Loquitor
2. Caveat Emptor
3. Scienter
CORRECT ANSWERS
False imprisonment is the deprivation of a person's liberty the restraint was intentional
without justification. To establish a cause of action, the
plaintiff must show:
The two forms of the tort of defamation are____ and ___. Lible, Slander, Slander, Libel
The difference between them is that ___ is publication of
defamatory matter through speech and ___ is publication
of defamatory matter by writing, print, or broadcast.
In Lawler v. Montblanc North America, where Lawler, a she had no claim for emotional distress because the situation was upsetting, not
store manager, was fired after telling her employer that outrageous
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:
Intentional conduct that places a person in fear of battery
immediate bodily harm or offensive contact and such
harmful or offense contact directly or indirectly occurs, is
the tort of:
, The Tort of Intentional interference with contract or Absence of Justification, improper conduct, or improper conduct by plaintiff
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.
The four necessary elements of a negligence cause of Duty, breach, causation, damages
action are:
Proximate cause limits liability to harms: that bear a reasonable relationship to the defendant's negligent conduct
Under the doctrine of ___ Comparative
negligence, damages are reduced by the percentage of
the injuries caused by a plaintiff's own careless conduct.
This doctrine is now more common than the older Contributory
doctrine of ___ negligence, in which the plaintiff's own
careless conduct is a complete bar to recovery of
damages.
In Squish La Fish v. Thomco Specialty Products, involving could proceed because the defendant may have negligently provided false
an adhesive that did not work as claimed, the appeals information
court held that the claim of negligent misrepresentation:
(1) Of the necessary elements of the tort of intentional 1. The element of misstatement of material fact was most pivotal in the 8th Circuit's
misrepresentation, which element, regarding the decision because they couldn't prove it.
recipient's (plaintiff's) actions, was most pivotal to the 8th
Circuit's decision?
(2) What primary element required for the tort in 2. The Scienter element is not required for the tort at issue in the case of Squish La
Yazdianpour v. Safeblood Technologies, Inc is not Fish v. Thomco Speciality Products.
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 1. Negligence
applies to: 2. Product liability
3. Intentional Tort
1. Res Ipsa Loquitor
2. Caveat Emptor
3. Scienter
