BUS LAW Ch. 5-Tort Law

You have had a grudge against the owner of a local barbeque restaurant for years. You went to high school together, and he is always acting like he is better than you because even though you both own barbeque restaurants, his business seems to be more popular than yours. You come up with a plan to get back at him by spreading false rumors that his barbeque made a lot of people sick. That'll teach him!

What do you think might happen if you go through with your plan?

The owner of the restaurant could sue you, and you may have to pay him money.

What factor should a plaintiff consider when deciding which interference tort applies to a situation?

If the plaintiff had a contract with another party who breached the contract.

To win a wrongful interference with a contract case, a plaintiff must prove which of the following elements? Choose 3 answer choices.

The plaintiff experienced injury or damages as a result of the defendant's actions.

A valid contract existed between the plaintiff and a third party.

The defendant knew a contract between the plaintiff and a third party existed.

The reasonable person standard applies to which of the required elements to be proved in a negligence case? Choose 2 answer choices.

Breach of duty.

Duty of care.

The reasonable person standard can vary based on what factors? Choose 2 answer choices.

The occupation of the defendant.

Facts and circumstances of the situation.

Which of the elements must a plaintiff prove to prevail in a negligence lawsuit?

The plaintiff must address all of the elements.

Which of the elements required to prove negligence involve the reasonable person standard? Choose 2 answer choices.

Breach of duty of care.

Duty of care.

Rihana and her friends attend the opening day of Wild Water Country, a local water park attraction. Before riding the new Tornado Tunnel water slide, the steepest and scariest water slide in the park, Wild Water Country requires its customers to sign a waiver of liability which states that they know the risks involved in riding the Tornado Tunnel, and that Wild Water Country is not responsible for injuries that occur during the ride. Rihana signs the waiver and climbs to the top of the slide. As she begins her descent, however, the metal slide buckles under the weight of the riders. Rihana and several other riders are thrown from the slide and fall one hundred feet to their deaths. Rihana's parents sue Wild Water Country. Wild Water Country defends the lawsuit by stating they are not liable for any injuries because Rihana had signed a waiver of liability, and, therefore, she had assumed the risks associated with riding the water slide. Wild Water Country's defense will probably:

not be successful, because Rihana did not assume the risk of the water ride collapsing.

Liam is Neely's supervisor. During Neely's yearly written evaluation, Liam states that Neely has not performed her job well at all, constantly comes in late to work, and stirs up trouble with the other employees. Neely is understandably upset and wants to sue Liam for defamation. If Neely files a lawsuit against Liam for libel, Neely will probably:

not be successful if Liam's comments on Neely's written evaluation were made in good faith.

Freddy carries his books and school supplies in a large backpack. The hallways at Freddy's school are always very crowded. One day, Freddy turns around quickly to talk to a friend, and a sharp pencil that is sticking out of his backpack gouges Lorraine in the eye. Lorraine ends up losing the use of her eye. If Lorraine sues Freddy in a negligence action, the standard the court will use to determine whether Freddy is liable is:

what a reasonable person would have done under the circumstances.

Anne Marie has surgery to have her gall bladder removed at Mt. Sinai Hospital. The surgery goes well, but several days later, Anne Marie experiences severe abdominal pain. X-rays reveal a small surgical instrument in Anne Marie's abdominal cavity. Anne Marie has to endure another surgery to remove the instrument. Anne Marie sues the surgeon for negligence. To win her negligence lawsuit against the surgeon, Anne Marie must prove:

that a reasonable surgeon would not have left a surgical instrument in her abdominal cavity.

Andrea and Jerome are involved in a terrible car accident. Andrea ran a red light and plowed into Jerome's car, causing Jerome's car to be totaled. Luckily, Jerome was not hurt. Jerome files a tort lawsuit against Andrea. If he is successful in his lawsuit, Jerome will receive compensatory damages, the purpose of which is to:

put Jerome in the position he would have been in had the tort not occurred.