BUL 3310 Unit 5 Quiz Questions

The question "was the harm foreseeable?" is used to establish __________cause. a. Probable b. Reasonable c. Actual d. Proximate

d. Proximate

The question "was the harm foreseeable?" is used to establish __________cause. a. Probable b. Reasonable c. Actual d. Proximate

d. Proximate

Famous Felines is a nightclub act featuring trained lions and tigers. After years of successful and highly popular performances, one of the lions suddenly attacked a spectator sitting in the audience. Famous Felines' liability to the injured spectator will be based on___________. a. Ordinary negligence b. Gross negligence c. Criminal negligence d. Strict liability

d. Strict liability

Which of the following statements about libel is false? a. Public figures have the added burden of proving malice, which non-public plaintiffs do not. b. Corporations are not considered public figures for purposes of defamation suits. c. The communication need only be made to one outside party. d. The defamatory statement may be either false or true but of a highly personal and intrusive nature.

d. The defamatory statement may be either false or true but of a highly personal and intrusive nature.

Gene is bringing a suit in strict liability for personal injuries caused by a defectively designed hair dryer. Which of the following parties can be defendants in this case? a. Electronic Designs, who designed the hair dyer b. Kamp;L Inc., who manufactured the hair dryer c. Big Retail Outlet who sold the dryer to Gene d. a and b

d. a and b

A common carrier is an insurer of both the goods and the passengers it transports. True False

True

A duty is a legal obligation imposed by law or voluntarily assumed by promise. True False

True

A minor is held to the same duty of care as an adult when driving a car. True False

True

A person is negligent if he or she fails to act as a reasonable and prudent person would act in those circumstances. True False

True

Absent a special relationship, one person has no legal duty to warn or rescue another. True False

True

An action for mental distress normally requires the plaintiff to exhibit some physical symptoms of emotional suffering. True False

True

Early cases of strict liability dealt primarily with liability for dangerous animals or abnormally dangerous activities. True False

True

In joint and several liability one party is potentially liable to pay the entire amount of the judgment. True False

True

In joint and several liability, a defendant who pays the entire amount of the judgment may sue the other defendants for their share of the obligation. True False

True

In negligence cases, a superseding cause is one that breaks the direct sequence between the act, which is the basis of the negligence claim, and the plaintiff's injury True False

True

In negligence per se cases, the injury that the plaintiff suffers must be the same type of injury that a statute was intended to prevent True False

True

Injunctions are available as remedies in nuisance cases. True False

True

Intentionally touching another in a way that is harmful or offensive constitutes the tort of battery. True False

True

Plaintiff was 10% at fault for a car accident in which he was injured. In a contributory negligence state, plaintiff would recover nothing from the defendant although the defendant was 90% at fault. True False

True

Pure comparative negligence is the defense in negligence cases that most favors the plaintiff. True False

True

The 50% Rule is associated with comparative fault systems. True False

True

The greater the risk in a situation, the higher the duty of care. True False

True

The majority of tort cases filed in United States courts are based on negligence, not on intentional torts. True False

True

The publication requirement for libel is met if the falsehood is communicated to just one other person. True False

True

To bring a suit for disparagement, the plaintiff must show specific pecuniary losses attributable to the falsehood. True False

True

Defendant's failure to do what a reasonable and prudent person would do in his circumstances subjects him to liability for a. Negligence b. Strict liability c. Fraud d. All of the above

a. Negligence

The majority of private law suits filed in the United States are for ______________claims. a. Negligence b. Nuisance c. Vicarious liability d. Medical malpractice

a. Negligence

Under 402A of Restatement (Second) of Torts, would Alice be liable to her neighbor Sue if the riding mower she sells Sue is defective and causes Sue bodily injury? Alice is a college professor and has used the mower for two years without any reason to suspect it was defective. a. No, Alice is not a seller engaged in the business of selling riding mowers. b. Yes, 402A imposes liability on any and all sellers of defective products c. Yes, if Sue did not alter the mower after she bought it from Alice d. Yes, if a and b both apply, Alice is liable to Sue

a. No, Alice is not a seller engaged in the business of selling riding mowers.

Which of the following theories of liability does not involve wrongdoing by the defendant? a. Strict liability b. Negligence c. Intentional torts d. A and B only

a. Strict liability

Which of the following is not an element of negligence that must be proved by a plaintiff? a. Superseding cause b. Proximate cause c. Actual cause d. All of the above must be proved by the plaintiff in a negligence case.

a. Superseding cause

In cases involving extensive injuries and a solvent or insured defendant, attorneys will be paid a percentage of the award if the case is successful. Fees structured this way are called _________fees. a. Deferred b. Contingent c. Participatory d. Shared

b.Contingent

The doctrine of negligence per se applies in which of the following cases? a.Defendant surgeon left a sponge in a patient b.Defendant driver caused a car accident by running a red light c.Defendant accountants have joint and several liability in tort cases d.Plaintiff voluntarily assumed the risk of the injury he suffered

b.Defendant driver caused a car accident by running a red light

Company A has entered into a contract to acquire Company B. Hearing of this, Company C offers to acquire Company B for more money and to indemnify the directors of Company B for any damages resulting from its breaching its contract with Company A. Company A can sue Company C for the tort of a. Breach of contract b. Trespass c. Interference with contractual relations d. Interference with prospective advantage

c. Interference with contractual relations

Sam's neighbor has opened a shooting range on his property. This is an entirely legal enterprise, but Sam hears guns shots 10 hours a day, cannot hear his television or talk on the phone. What tort, if any, is neighbor committing? a. Trespass b. Invasion of property c. Nuisance d. Neighbor is committing no tort conducting a legal enterprise.

c. Nuisance

Under which doctrine will a plaintiff who contributed to his or her own injuries recover nothing from a negligent defendant? a.Pure comparative negligence b.Modified comparative negligence c.Contributory negligence d.None of the above: an injured plaintiff will recover some amount in any case in which defendant's negligence is proved

c.Contributory negligence

Palsgraf v. Long Island Rail Road is the landmark case that limited damages in negligence cases to those that are a.Measurable b.Personal c.Foreseeable d.Pecuniary

c.Foreseeable

Gross negligence is defined as a.The failure to exercise great care b.The failure to exercise ordinary care c.The failure to exercise even slight care d.The failure to exercise a duty of care imposed by statute.

c.The failure to exercise even slight care

Al, Bill, Chad and Dan were found jointly and severally liable for 100,000 of property damages caused when a fraternity initiation event got out of hand. Al, Bill, and Chad do not have the money to pay for their share of the damages. The only solvent defendant is Dan. The most that Dan will have to pay the plaintiff is a. 25000 b. 50000 c. 75000 d. 100000

d. 100000

Damages need not be proved in a defamation suit if the defamatory statement claims that a. A person has a loathsome disease b. A doctor is unfit to practice medicine c. A person holds political views that he in fact does not d. A and B

d. A and B

Which of the following statements about assumption of the risk is true? a. Traditionally, a plaintiff who assumed the risk cannot recover damages from the defendant. b. A plaintiff must be aware of the particular risks associated with the activity. c. A plaintiff's assumption of the risk must be voluntary. d. A, B and C

d. A, B and C

Local hunter went onto Neighbor's land because deer had been seen there. Hunter knew that the land belonged to his neighbor and that it was posted against hunting. If Neighbor sues Hunter, a. Hunter will be liable for willful trespass to land. b. Hunter may be liable for punitive damages. c. Hunter may have to pay neighbor's court costs and attorney's fees d. A, B and C are all possible legal consequences.

d. A, B and C are all possible legal consequences.

Which of the following could be argued by the defendant in a product liability case based on strict liability to limit the dollar amount of the damages awarded to the plaintiff? a. The product was based on state of the art design. b. The manufacturer exercised all reasonable care in the manufacture of the product. c. The user was careless or misused the product. d. All of the above can be pled to reduce damages.

d. All of the above can be pled to reduce damages.

Which of the following forms of slander would not require that plaintiff show special damages? a. A statement that someone had a sexually transmitted disease b. A statement that a female student was sexually promiscuous c. A statement that an accountant had stolen money from a client d. All of the above cases could be brought without showing special damages.

d. All of the above cases could be brought without showing special damages.

The product defect in a strict liability suit can consist in a. A defective design of the product b .A lack of adequate instructions for using the product c. The use of components imported from a foreign country instead of components manufactured in the United States d. All the above

d. All the above

Compensatory damages would include all of the following except a. Property damages b. Pain and suffering c. Lost wages d. Exemplary damages

d. Exemplary damages

In a negligence suit, plaintiff must prove all of the following except a. Motive b. Duty of care c. Actual cause d. Proximate cause

a. Motive

Most courts allow plaintiffs to use strict liability to collect damages for economic loss in product liability suits. True False

False

Strict liability is also called "absolute liability" because there are no defenses that a defendant can raise. True False

False

The difference between assault and a battery is that assault results in in more bodily harm. True False

False

The doctrine of res ipsa loquitur applies when a person causes damages while violating a law or ordinance. True False

False

The reasonable person is a community ideal of reasonable behavior that cannot vary from situation to situation. True False

False

The tort of wrongful appropriation of another's goodwill includes reverse engineering another's product. True False

False

There are no defenses available to a defendant manufacturer in market share liability cases True False

False

To be liable for trespass to land a person must know that the property belongs to another. True False

False

Tom took Al's car without Al's permission and used it for two days before returning it. Tom has committed the tort of conversion. true False

False

Under traditional rules of privity, a customer who bought a product that was defectively manufactured could sue either the merchant who sold the product or the manufacturer who created the defect True False

False

A common carrier would be liable in negligence for injuries to passengers only if it failed to exercise slight care. True False

False

A person who uses a logo in an advertisement that is deceptively similar to that of another business commits the tort of false light. True False

False

Both contributory negligence and comparative negligence can be asserted as defenses in cases brought in strict liability. True False

False

Exemplary damages are also known as compensatory damages. True False

False

In a product liability case, defendant manufacturer can use as a defense the plaintiff's failure to discover the defect in the product. True False

False

Pam and Sam took an overnight flight to Hawaii. Without their knowledge or permission, an agent from Big Ad Agency took a picture of them as they slept and used it in a full-page ad in a national magazine. The agency had superimposed an image of a man in a business suit, working on a laptop, sitting next to them. The caption read "Our Brokers Never Sleep." Pam and Sam could sue Big Ad for a. Private nuisance b. Public nuisance c. Invasion of the right to privacy d. Slander

NOT d. Slander POSSIBLY c. Invasion of the right to privacy

The legal classification for all property that is not real property is ________________. a. Chattel b. General intangibles c. Contraband d. Res in se

a. Chattel

Which of the following defenses are available in product liability claims brought in strict liability? a. Comparative fault of the plaintiff. b. State of the art design and manufacturing processes c. Failure of the plaintiff to anticipate and guard against the product defect d. A and B

a. Comparative fault of the plaintiff.

The negligence doctrine that most favors the defendant is a.Contributory negligence b.Comparative negligence c.Res ipsa loquitur d.Negligence per se

a. Contributory negligence

The negligence doctrine that most favors the defendant is a. Contributory negligence b. Comparative negligence c. Res ipsa loquitur d. Negligence per se

a. Contributory negligence

Wendy Witness testified for the plaintiff in a suit against Dan Defendant in which he was charged with fraud. The jury found for Dan. Dan wants to sue Wendy for defamation because the statements she made about him on the witness stand were found to be untrue. What result? a. Dan cannot sue Wendy for defamation because she has an absolute privilege as a trial witness. b. Dan can sue Wendy for defamation, but must prove actual malice. c. Dan can sue Wendy for slander, but must prove actual damages. d. Dan can sue Wendy for libel because the transcript reduced the defamation to writing.

a. Dan cannot sue Wendy for defamation because she has an absolute privilege as a trial witness.

The negligence committed by a professional, such as a doctor or a lawyer, in the conduct of his profession is ___________________. a. Malpractice b. Negligence per se c. Negligence ad hominem d. Res ipsa loquitur

a. Malpractice

Which of the following injuries would justify plaintiff using res ipsa loquitur? a.A medical malpractice claim against a surgeon who left a sponge in a patient b.An automobile accident at a city intersection c.A head injury sustained in the pool of a waterslide at an amusement park d.Res ipsa loquitur could be used in all of the above.

a.A medical malpractice claim against a surgeon who left a sponge in a patient

Juries use the "but for" test (i.e. "but for the negligent act of the defendant would the plaintiff have been injured") to decide if the requirement of __________________is met. a.Probable cause b.Actual cause c.Proximate cause d.Reasonable cause

b.Actual cause

The damages that are awarded to a victim to make the victim "whole" are ____________ damages. a. Punitive b. Compensatory c. Nominal d. Consequential

b. Compensatory

Tom took Ann's 125 Economics text from her locker without her knowledge and sold it back to the college bookstore, keeping the profits. Tom has committed the tort of a. Trespass to chattel b. Conversion c. Embezzlement d. Nuisance

b. Conversion

Money awarded to an accident victim to make up for lost wages would be classified as ______________damages. a. Punitive b. Economic c. Non-economic d. Nominal

b. Economic

Mary and neighbor Beth had a bitter quarrel. Beth, a nurse, called Mary from the hospital in which she worked and told Mary that her husband and son had died in a car accident and their bodies were in the hospital morgue. Inanguish, Mary rushed down to the hospital. Beth had made up the entire story because she wanted to cause Mary pain. Beth has committed the tort of a. Invasion of privacy b. Emotional distress c. False light d. Slander

b. Emotional distress

Big 60s British Rock Star had a contract to perform at Shady Pines Retirement Home, where many of his fans now lived. Sunnydale Retirement Village, a business rival, convinced Rock Star to breach his contract with Shady Pines and perform for them instead on that day. They offered him more money and promised to pay for any liability he might have to Shady Pines. For what could Shady Pines sue Sunnydale? a. Breach of contract b. Interference with a contractual relationship c. Nuisance d. Conversion

b. Interference with a contractual relationship

Len, a local photographer, shot a photo of a family at the beach. Without their knowledge or consent, Len used the photo in all his ads and business cards and featured it prominently on his web page. Len has committed the tort of a. Disparagement b. Invasion of privacy c. Trespass to personality d. Negligence per se

b. Invasion of privacy

Assume that Sussex County has a law requiring that all passenger elevators be inspected every six months. Local Hospital failed to have its passenger elevator inspected when required, and a door that malfunctioned injured a hospital visitor. Visitor's attorney will use the doctrine of ________________to show that Local Hospital breached a duty of care. a. Res ipsa loquitur b. Negligence per se c. Malpractice d. Contributory negligence

b. Negligence per se

Knockoff Shoe Company has started to produce a line of ladies shoes with very high heels and bright red soles. Bright red soles have long been associated with the ladies shoes of Famous French Shoe Maker. In a suit against Knockoff, Famous will likely allege a. Product disparagement b. Wrongful appropriation of a goodwill and business value c. Invasion of privacy d. Interference with a prospective advantage

b. Wrongful appropriation of a goodwill and business value

Lawyers fees that give the lawyer a percentage of the amount awarded to the plaintiff if the plaintiff wins, and nothing if the plaintiff loses, are ________________fees. a. Compensatory b. Contingent c. Exemplary d. Per Diem

b. contingent

Trial witnesses cannot be sued for defamation because the testimony of witnesses in trial is protected by a. Immunity b. Qualified privilege c. Absolute privilege d. Judicial exception

c. Absolute privilege

The earliest application of strict liability in American law was in cases involving which of the following? a. Defective products b. Medical services c. Dangerous animals d. Tobacco products

c. Dangerous animals

Another term for punitive damages is ___________damages. a. Inculpatory b. Exculpatory c. Exemplary d. Criminal

c. Exemplary

Which of the following is not a basis for product liability under 402A of Restatement (Third) Torts? a. Inadequate instructions for assembly and use of the product b. A design defect that posed foreseeable risks although a reasonable alternative design was available c. Failure to provide a procedure for registering return warranty cards. d. A and B

c. Failure to provide a procedure for registering return warranty cards.

When a business detains a suspected shoplifter it must be careful not to commit the tort of a. Invasion of privacy b. Nuisance c. False imprisonment d. Disparagement

c. False imprisonment

Injunctions are often sought as remedies in torts of a. Nuisance b. Wrongful appropriation of another's good will c. False imprisonment d.A and B

d.A and B

Which of the following statements about assumption of the risk is false? a. A plaintiff who assumed the risk cannot recover damages from the defendant. b. A plaintiff must be aware of the particular risks associated with the activity. c. A plaintiff's assumption of the risk must be voluntary. d. A, B and C

d.A, B and C