A fanciful use of ordinary words may be trademarked.
Tort law provides legal remedies for both personal injury and property damage.
In tort law, intent means only that the actor intended the consequences of his or
her act or knew with substantial certainty that certain consequences would result from the
To commit an intentional tort, a person need not act with a harmful motive.
An assault may be committed when a person acts in a way so as to create an
apprehension of offensive contact in the distant future.
A battery occurs only if the victim suffers actual physical harm.
Libel involves the written communication of defamatory language.
Puffery is fraud.
To commit the tort of trespass to land, a person does not need to actually harm the
Conversion is wrongfully taking or retaining an individual’s personal property and
placing it in the service of another.
An arbitrary use of ordinary words may not be trademarked.
A service mark is used to distinguish products produced by the federal government
from those produced by private corporations.
Brad doesn't like Rob and especially dislikes Rob's new felt hat, so he intentionally
knocks it off Rob's head in order to embarrass Rob.
Brad has committed a battery.
In a defamation action, the plaintiff must prove that the defendant communicated a false
statement to a third party.
A tort is a violation of a duty imposed by the civil law.
Under the new Restatement (Third) of Torts, a manufacturing defect exists only
when it is shown that: 1) the product has departed from its intended design; and 2) the
manufacturer failed to exercise “due care” in the manufacturing process.
Written defamation is called "slander."
Opinion is generally a valid defense in a defamation lawsuit because it cannot be proven
to be true or false.
In order for a plaintiff to win a case involving intentional infliction of emotional distress,
she must prove the defendant acted in an extreme and outrageous manner.
Prior to any battery, an assault (even if only momentarily) must have occurred.
Punitive damages are intended to punish the defendant.
An employee who divulges secret trade information cannot be sued.