Ch. 7 Daily Double
Intentionally causing another to reasonably believe that he or she is about to be the victim of a battery is a(n)
Assault
Conversion is the situation in which enjoyment of one's land is impaired because of some tortious interference.
False
In many states, a plaintiff who willingly enters a dangerous situation and is injured will be given a nominal amount as recovery.
False
Puffing creates an express warranty.
False
Strict liability requires proof of negligence on the part of the defendant.
False
Torts are civil wrongs that arise from contracts.
False
Under strict liability, coverage generally extends to only personal injuries and not property damage.
False
A description of goods which is made part of the basis of a bargain creates an express warranty.
True
A full warranty requires free repair of any defect.
True
A showing of res ipsa loquitur requires that the accident ordinarily would not happen absent the defendant's negligence.
True
Which of the following statements is true of a false light claim?
It would need to be highly offensive to a reasonable person.
Which of the following statements is true of libel?
Libel about company's products or property often is treated as the tort of injurious falsehood.
When an individual's name or image is wrongfully used without permission for commercial purposes, it is called a(n)
Misappropriation
Falsely claiming that a competitor's product is defective or harmful might constitute injurious falsehood.
True
Intentional torts involve voluntary acts that harm a protected interest.
True
Libel generally requires a showing of actual harm.
True
Raising one's hand as if to strike another even though the blow never transpires constitutes the tort of assault if the victim reasonably thought herself to be in immediate danger.
True
Slander is the spoken word form of the tort of defamation.
True
The risk-utility test holds that a product is negligently designed if the benefits of a product's design are outweighed by the risks that accompany that design.
True
To establish a successful negligence claim, a plaintiff must establish that the defendant owed a duty of due care to the plaintiff.
True
Victims of negligence in a product liability case can bring actions against all careless parties in the chain of production and distribution.
True
Intentionally touching another in a harmful or offensive way without legal justification or the consent of that person is a(n)
Battery
A warranty is simply a non-contract-based guarantee.
False
According to the contributory negligence defense, a plaintiff's recovery is reduced by a percentage equal to the percentage of the plaintiff's fault in the case.
False
Which of the following is a necessary condition for establishing defamation?
Harm to the victim's reputation
Which of the following statements is true of the tort of negligence?
Intent is absent, but because of one's party's carelessness, another has suffered injury.
An intentional invasion of a person's solitude is labeled a(n) ___________ if it would be highly offensive to a reasonable person.
Intrusion
