Identify the most likely tort theory/theories to be used in court: intentional (and particular one), negligence, and/or strict liability. (2) List the elements required to prove this theory. (3) Explain what facts would be used to prove each element of the tort. (4) Reach a conclusion.

 

1. Consumer Reports tested and evaluated TCB's espresso as containing no caffeine, when in fact the caffeine level was 40-g. Consumer Reports maintains this information on its website.

2. A newer member of the wait staff is keeping a tiger in her backyard. There is a rather large hole in the fence and sometimes the tiger wanders into the neighbor's backyard. The neighbor's small dog is missing. The wait staff member tells you (the manager) that the neighbor has accused his tiger of eating the dog. Since he fears for the safety of his tiger, he decides to bring the tiger to work and he is sitting in the corner on a dog bed.

3. TCB used an image found on the internet of Lady Gaga drinking coffee and used it on TCB's Facebook page and on coffee mugs that it had made for them to sell.