BLAW Test #2

William, who is a waiter, is injured when an unopened bottle of cola explodes in his hand while he is putting it into the restaurant's cooler. If William wants to sue the bottling company for his injuries:

c. he will probably win if the court allows him to use the res ipsa loquitur doctrine

A form of strict liability applies to all of the following situations except:

. a medical procedure

Conduct on the part of the plaintiff which falls below the standard to which he should conform for his own protection and which cooperates with the negligence of the defendant in bringing about the plaintiff's harm is:

. contributory negligence

Fraudulent or intentional misrepresentation is covered under Section ___of the Restatement

525

To which of the following does a property owner owe the highest duty of care?

A client who has come to an accountant's office in a building which the accountant owns

Which of the following statements is true? a. A plaintiff must prove that the defendants negligent conduct proximately caused harm to a legally protected interest. b. A defendant has the burden of proof that his negligent conduct did not proximately cause harm. c. Negligent conduct that is the proximate cause of offensive physical contact results in liability based on social policy. d. Both (a) and (c)

A plaintiff must prove that the defendants negligent conduct proximately caused harm to a legally protected interest

Adam doesn't like having neighborhood teenagers walk across his yard at night. He rigs an animal trap on the path the teenagers usually use to cross his land. One night, Tim and his friends are walking across the yard when Tim gets caught in the trap. He is taken to the hospital for his injuries.

Adam is not free to inflict intentional injury on a trespasser

Defenses to intentional torts include:

All of the above are valid defenses: self-defense and consent, defense of others and consent, self-defense and defense of property

Sally, while walking in a park, got hit on the head with a baseball. The ball was thrown at her by Aaron who intended to hit her to show off in front of his friends. She may recover damages for:

All of the above: bodily harm, emotional distress, reasonable medical expenses

An absolute privilege exists to protect which of the following defendants in defamation cases?

All of the above; Members of Congress on the floor of Congress, Statements made by the U.S. President in the discharge of official duty, Statements about third persons made to one's spouse when they are alone

Which of the following is ordinarily held liable for their intentional torts?a. A person who has not reached the age of majority b. An incompetent c. An employer, for the acts of employees in the course of employment d. All of the above.

All of the above; a person who has not reached the age of majority, an incompetent, an employer for the acts of employees in the course of employment

Harms or injuries that are tortious may be inflicted:

All of the above; intentionally, negligently, without fault

Invasion of privacy consists of:

All the above: appropriation, intrusion, public disclosure of private facts

Andrew noticed Michael and his pregnant wife Georgette walking down the street and drove his car within inches of Michael, as a joke. Michael wasn't injured, but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy.

Andrew has committed the tort of intentional infliction of emotional distress against Georgette.

Arnold wrote a defamatory letter regarding Bill which he mailed to Bill, but which he did not show to anyone else.

Arnold has committed neither libel nor slander, because there has been no publication of the letter.

Arnold wrote a defamatory letter regarding Bill which he did not show to anyone, but which he posted on a bulletin board in the Laundromat.

Arnold has committed the tort of libel.

Stella goes to Ranger's Department Store to look for clothes. The store is in the process of remodeling, and there is a lot of clutter in the aisle. Stella trips over the clutter and breaks her leg. What standard of care does the store have toward Stella under the circumstances?

Because Stella is a business visitor, the store must exercise reasonable care to protect her against dangerous conditions she is unlikely to discover

Arthur negligently stopped his car on the highway. Betty, who was driving along, saw Arthur's car in sufficient time to attempt to stop. However, Betty negligently put her foot on the accelerator instead of the brake and ran into Arthur's car.

Because both parties were negligent, in a state that follows the comparative negligence doctrine, both parties will share the liability for their injuries

The doctrine of res ipsa loquitur would permit the court to infer negligence in which of the following situations?

Both (a) and (b); A can of peas fell off the shelf onto your foot, a sign over a storefront fell on your head

Seventeen-year-old Todd has just received his driver's license. He is driving a little too fast one day and slams into the back of another car, which has just stopped for a stop sign

Todd is engaging in an adult activity and will be held to the same standard as an adult in most of the states

Which of the following is correct with respect to the reasonable person standard?

Two of the above, (b) and (c); it makes allowance for physical disability, it applies an individualized test to children that takes into consideration the child's age, background, and experence

. In which of the following situations would a court be likely to find an affirmative duty to act?

Where an airline attendant sees one passenger threaten another passenger

Alice was briefly married at the age of 16. She is now 28 years old and plans to marry Henry in the spring. Henry's sister found out about Alice's first marriage and then told Henry's parents. Alice now wants to sue Henry's sister for public disclosure of private facts. Does Alice have a case against Henry's sister?

Both (a) and (b); No, because marriage is a public and not a private fact. No, because telling Henry's parents is not sufficient publication for public disclosure of private facts.

The constitutional privilege protects the press in a defamation action:

Both (a) and (b); in the absence of malice, when the plaintiff is a public figure or official

In determining the duty of care owed by a defendant using the reasonable person standard, the court will consider which of the following factors?

Both (a) and (c) A. the existence of emergency conditions B. A physician's training and years of experience

A points an unloaded gun at B and threatens to shoot. Unobserved by A, C witnesses the threat and believes A's gun is loaded and that B is about to die. C pulls out a gun and shoots and kills A.

C can successfully invoke the privilege of defense of others because of his reasonable belief at the time he shot A

Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the feed for the chickens. The chickens died, and the neighbor sues. What is the likely result?

Cal is liable because spraying pesticides is an abnormally dangerous activity

While driving his car five miles over the speed limit, Carl struck Darla, who was jaywalking across the street. When the case came to trial, the jury determined that Carl was 60% negligent and that Darla was 40% negligent. Darla's injuries are $10,000. This accident occurred in a state following the comparative negligence theory of recovery.

Darla will recover $6,000

There is a(n) ___ privilege to comment regarding public officials or public figures so long as it is done without malice.

First Amendment

Hal doesn't like Bradley, so he spread untrue rumors about his personal lifestyle and sexual practices at a cocktail party. These rumors harm Bradley's reputation in the community.

Hal is guilty of slander.

Pat and Sally started a charcoal fire for Sally's backyard barbecue and left it uncovered. Then Sally went into the kitchen to make hamburger patties. While Sally was inside, Pat backed up to catch a football and hit the grill, knocking the coals onto his feet. In a modified comparative negligence state, who is liable?

If Sally is found negligent, Sally is liable for a proportionate share of Pat's injuries unless Pats negligence was as great as or greater than Sallys

A ninety-year-old patient walked away from a nursing home and wandered onto some nearby railroad tracks. Once on the tracks, the patient stumbled and sprained his ankle. A few minutes later a train approached. The engineer saw the man on the track and could have stopped, but the train's brakes were defective. As a result, the train hit and killed the man. His family is suing the railroad for negligence.

In states that follow the contributory negligence rule, the train had the last clear chance to avoid the accident, so the patient's negligence does not bar his estates recovery

Arthur fired a gun in the middle of the desert. He intended to fire the gun, but had no reason to believe anyone else was in the area. The bullet hit Tom, who happened to be riding his ATV across the desert.

It is unlikely that Arthur has the necessary intent to commit a tort.

The Hometown News snapped a picture of Tom, a local teenager, as he was sleeping under a tree in the park on a warm spring day. They printed the picture on the front page of the paper.

It is unlikely that the Hometown News is guilty of any tort

Joe intentionally pushed Bill into a fence negligently erected by Sam around Sam's swimming pool. The fence carved in and Bill nearly drowned. Under the Second Restatement, who is liable?

Joe, because of his intentional intervening conduct.

Les, a teenager, has the permission of Harold to walk across his yard on the way to school. Les now brings twenty of his friends across the yard, and they stop to play ball.

Les and his friends are guilty of trespass to real property, because they played ball in Harold's yard.

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the lake. Which of the following is true?

Mark MUST help the girl if he begins to rescue her and moves her to a position farther from the shore

Which of the following is/are considered in determining the application of the reasonable person standard? a. Physical disability. b. Superior skill or knowledge. c. Emergency circumstances. d. All of the above are considered

a. Physical disability. b. Superior skill or knowledge. c. Emergency circumstances. d. All of the above are considered

In which of the following situations would a landowner have liability to a trespasser?

a. Where the landowner has rigged up a trap to injure anyone coming onto the property without permission. b. Where a landowner next to a nursery school has an unfenced swimming pool and a trespassing child drowns. . d. Both (a) and (b).

Mr. and Mrs. Weaver have a duty to:

a. control the behavior of their minor son with regard to foreseeable risks. b. merely warn their dependent son regarding his activities related to third persons involving foreseeable risks. c. Either (a) or (b), depending upon the circumstances

The harshness of the contributory negligence doctrine has been mitigated by:

a. the last clear chance rule. b. substitution of the doctrine of comparative negligence. d. Both (a) and (b), but not (c).

Business torts consist of:

all of the above; interference with contractual relations, disparagement, fraudulent misrepresentation

Intentional harm to property includes which of the following torts?

all of the above; trespass to real property, nuisance, trespass to personal property, conversion

The tort of ___ is a false communication which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.

defamation

An action for negligence consists of five elements, each of which the plaintiff must prove. These elements include

harm

The Restatement Third, Torts:

has been expanded to include chapters on emotional harm and landowner liability

In an article about a prominent judge, a newspaper indicates the possibility that the judge had organized crime connections. The judge sues. The judge will have a cause of action:

if the information is untrue and the newspaper did not check its sources

By law, all apartment buildings in Marys state must have smoke alarms in the ceilings. If Mary suffers smoke inhalation because the smoke alarm in her apartment building was not yet installed and Mary sues the owner for negligence, Mary would have to prove:

injury and causation

The duty of a possessor of land to persons who come on the land usually depends on whether those persons are:

invitees, trespassers, or licensees

Tort law:

is primarily common law

Under the Third Restatement of Torts, a person acts recklessly if the person:

knows facts that make the risk obvious to another in the persons situation

Handwritten, typewritten, printed, pictorial, or televised defamation is:

libel

If a statute is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes an injury to another is:

negligence per se

Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties, from the consequences of juvenile car theft and "joy riding" by prohibiting car owners from leaving the keys in their cars if the cars are unattended, is likely to be characterized as

negligence per se

The intentional exercise of dominion or control over another's personal property which so seriously interferes with the other's right of control as to justly require the payment of full value for the property is:

none of the above

A(n) ___ is a non-trespassory invasion of another's interest in the private use and enjoyment of land

nuisance

Damages for interference with contractual relations include:

payment for emotional distress

The rule which permits the jury to infer both negligent conduct and causation from the mere occurrence of certain events is:

res ipsa loquitur

Mary's car was parked just outside the east door of the Civic Center. When she tried to exit, three ominous-looking gang members were blocking that door. She called the police who arrested the three for loitering. If Mary brings suit against them for false imprisonment:

she will lose if there was another exit she could have used

An employer:

should act quickly to remove any defamatory statements brought to its attention because Section 230 of the CDA grants immunity from defamation liability only to ISPs

Perry is injured on the job at the factory where he works. He files a workers' compensation claim against his employer. The liability of the employer under the workers' compensation statute is:

strict

Henry was burning leaves in his backyard. One of the burning leaves was lifted by the wind into Emilio's yard next door. It landed on the lawn mower which exploded, setting fire to the wooden lawn furniture. Henry's best argument against liability would be:

that it was not foreseeable that the lawn mower would explode

A photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion if:

the movie star was in a public building at the time

. Under the Third Restatement of Torts, if the plaintiff is a veterinarian who accepts for treatment a dog from the defendant:

the plaintiff, if charging a fee, is beyond the scope of strict liability, even if the dog is abnormally dangerous

Acting with reckless disregard for the falsity of the matter, Anita included Joe's name and photograph in a list of the FBI's top ten criminals. Joe has never been convicted of a crime and is horrified by the thought of being considered a criminal.

this could be either defamation or false light

The intentional dispossession or unauthorized use of the personal property of another is known as

trespass to personal property

Defenses to an action in strict liability include:

voluntary assumption of risk and, in some states, comparative negligence.

A newspaper article hints that a certain corporation is a front for illegal activity. The corporation:

will likely win a defamation suit if the statement is untrue and was made with malice

Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking place. Mindy jumped out into the dtreet five feet in front of his car. Chris could not avoid hitting her. What is Chris's best defense to the charge of negligence?

Mindy illegally crossed in the middle of the street, which was a superseding cause of the accident

Mark gave the keys to his apartment to his friend Jack so Jack could sleep after an all-night study session. When Jack walked in, Mark's roommate, Sam, Sam, was standing behind the door in the dark, holding a baseball bat over his head. Jack flicked on the light and Sam saw it was Jack, so he lowered the bat before Jack noticed him.

Neither Jack nor Sam is guilty of assault

. Oscar, who was driving too fast for conditions, collided with a truck carrying explosives. The truck was unmarked, so Oscar had no way of knowing what it contained. The collision caused an explosion, which shattered glass in a building a block away. The glass injured Ida, who was working inside the building. John, who was walking down the street near the site of the collision, was seriously burned as a result of the explosion.

Oscar's negligent driving is the proximate cause of John's injury

Tim and Steve are roughhousing in Tim's parents' front yard when Steve intentionally pushes Tim on the neighbor's property

Steve is a trespasser

Tammy joined a religious cult while a student at college. Her father hired a deprogrammer who spent several weeks with her, during which they occasionally went on outings. After Tammy me with her boyfriend one weekend, she rejoined the cult and sued her father and the deprogrammer for false imprisonmenr.

Tammy will lose if she had a reasonable means of escaping and voluntarily consented to the confinement

Rick's driveway has potholes. He has been thrown from his bike several times because of them. If Rick invites his biking friends for a barbecue, what must he do to escape liability for any harm to them?

Telephone his friends to warn them about potholes

Andrew negligently hit a dog, which lay stunned in the street for a moment and then ran toward Bill, a bystander, and bit him.

The dog's action is a superseding cause of harm.

Ray threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office.

The intent to harm the agent is transferred to the secretary who can sue Ray for her injuries with an intentional tort cause of action.

Which of the following is a defense that a defendant could raise in an action based on strict liability?

The owner of a car knowingly and voluntarily parked his vehicle in a blasting zone as a result of which the car was damaged

The local supermarket has a large, glass front door which is well lighted and plainly visible. Nelson, who is new in the neighborhood, mistook the glass for an open doorway and walked into it, shattering the door and injuring himself.

The store is not liable to Nelson

Sarah goes to Marlin's Department Store to look for clothes. The store happens to be in the process of remodeling, and there is a lot of clutter in the aisle. Sarah trips over the clutter and is injured. Sarah's status with regard to the store is that of:

b. business visitor

Bodily contact that is harmful or offensive can give rise to the tort of:

battery

Intent as used in the law of intentional torts requires the defendant to:

both (b) and (c); desire to cause the consequence of her action, believe the consequences are substantially certain to result from her action