Torts

Question 1

Defendant publishes a falsehood that damages the reputation of plaintiff

Answer 1

Defamation

Question 2

Plaintiff must prove duty, breach of duty, causation, and damages

Answer 2

Negligence

Question 3

The writing is defamatory on its face

Answer 3

Libel per se

Question 4

Public disclosure of private facts about plaintiff

Answer 4

Invasion of privacy

Question 5

Deliberate misrepresentation of a material fact made with the intent to deceive

Answer 5

Fraud

Question 6

Detention of a person against his will and without just cause

Answer 6

False imprisonment

Question 7

Consent

Answer 7

Defense to an intentional tort

Question 8

Spoken defamation

Answer 8

Slander negligence

Question 9

No intervening, superseding acts

Answer 9

Proximate causation

Question 10

Actor is held liable for injuries caused by a defective product

Answer 10

Products liability

Question 11

Plaintiff must prove damage to his reputation; the spoken statement alone is insufficient

Answer 11

Slander per quod

Question 12

Common law defense to a negligence action

Answer 12

Assumption of risk

Question 13

Defendant knew the statement was false or recklessly disregarded its truth or falsity

Answer 13

Actual malice

Question 14

Statutory defense to negligence action; plaintiff cannot recover if he was at all negligent

Answer 14

Contributory negligence

Question 15

Harmful or offensive non-consensual contact

Answer 15

Battery

Question 16

Public official must prove actual malice to recover in a defamation action

Answer 16

N.Y. Times v. Sullivan

Question 17

Generally known danger

Answer 17

Defense to product liability

Question 18

Appropriation of plaintiff’s name or picture for commercial advantage

Answer 18

Invasion of privacy

Question 19

Liability arises because of the ultrahazardous activity in which the actor is engaged

Answer 19

Strict liability

Question 20

Plaintiff need not prove damage to his reputation; the statement alone is sufficient

Answer 20

Slander per se

Question 21

Statutory defense to a negligence action; plaintiff can recover only those damages attributable to defendant

Answer 21

Comparative negligence

Question 22

Doctrine used to prove breach of duty in a negligence action

Answer 22

Res ipsa loquitur

Question 23

Threat or reasonable apprehension of immediate, harmful contact

Answer 23

Assault

Question 24

Publication of facts that place plaintiff in a false light

Answer 24

Invasion of privacy

Question 25

Plaintiff must have knowledge of the risk and proceed voluntarily in spite of the risk

Answer 25

Assumption of risk

Question 26

The writing is defamatory only within the context of the entire document

Answer 26

Libel per quod

Question 27

Injury was not a foreseeable result of defendant’s action

Answer 27

Palsgraf v. L.I.R.R.

Question 28

Defendant’s outrageous conduct causes plaintiff to suffer severe emotional distress

Answer 28

Intentional infliction of emotional distress

Question 29

Intrusion upon plaintiff’s private affairs or seclusion

Answer 29

Invasion of privacy

Question 30

Misuse of product

Answer 30

Defense to product liability

Question 31

Truth

Answer 31

Defense to an intentional tort

Question 32

Privilege

Answer 32

Defense to an intentional tort

Question 33

“But-for” test

Answer 33

Actual causation

Question 34

Physical invasion of someone else’s land or airspace

Answer 34

Trespass

Question 35

Necessity

Answer 35

Defense to an intentional tort

Question 36

Written defamation

Answer 36

Libel