CHAPTER 7 TORT LAW

Which of the following is an accurate statement regarding negligence?

Negligence involves the failure to exercise reasonable care to protect another's person or property.

Which of the following is an accurate statement regarding negligence? Multiple choice question.

Negligence involves the failure to exercise reasonable care to protect another's person or property.

A(n) Blank______ defense occurs when the defendant admits to an accusation but argues that there is a reason he or she should not be held liable.

affirmative

Torts against ______ are intentional acts that harm an individual's physical or mental integrity.

persons

Identify a purpose of awarding punitive damages in a tort case.

to deter others from engaging in an activity similar to the defendant's

Suppose that a negligence case is tried in a pure comparative negligence jurisdiction and the jury determines that the defendant was 30 percent responsible for the plaintiff's harm and that the plaintiff was 70 percent responsible for her own harm. The plaintiff's damages are $100,000. How much money, if any, will the plaintiff recover from the defendant? Multiple choice question.

$30,000

Torts against persons are Blank______ acts that harm an individual's physical or mental integrity.

intentional

Torts against persons are ______ acts that harm an individual's physical or mental integrity

intentional

Negligence is behavior that creates a(n)______ risk of harm to others.

unreasonable

Which of the following is an inaccurate statement regarding battery

Assault and battery are always synonymous.

______ is a defense available to defendants where a defendant must prove the plaintiff voluntarily undertook the risk the defendant caused.

Assumption of the risk

______ is a business tort that occurs when a statement is intentionally used to defame a business product or service.

Disparagement

______ statutes attempt to encourage selfless and courageous behavior by removing the threat of liability.

Good Samaritan

______ torts occur when a defendant takes an action intending that certain consequences will result or knowing certain consequences are likely to result

Intentional

Which of the following is an inaccurate statement regarding a Good Samaritan statute

It imposes strict negligence liability on a passerby who assists a person in need even though the assistance was given gratuitously.

Which of the following is an inaccurate statement regarding a Good Samaritan statute?

It imposes strict negligence liability on a passerby who assists a person in need even though the assistance was given gratuitously.

______ is an affirmative defense to a defamation action

Privilege

______ is an affirmative defense to a defamation action.

Privilege

Which of the following is an accurate statement regarding the tort of slander of quality?

Slander of quality is spoken, while trade libel is in printed form.

A statement is made with ______ if it is made with either knowledge of its falsity or reckless disregard for its truth.

actual malice

Contributory negligence as a defense applies in cases in which _____.

both the defendant and the plaintiff were negligent

Strict liability is liability without______.

fault

Under the traditional common law, to which of the following categories of individuals does a business property owner owe the highest obligation?

invitees

Which of the following is not a required element of battery?

negligent (by the defendant)

According to the Blank______ defense, the court determines the percentage of fault of a defendant, and the defendant is then liable for that percentage of the plaintiff's damages no matter the amount of fault of each party

pure comparative negligence

According to the______ defense, the court determines the percentage of fault of a defendant, and the defendant is then liable for that percentage of the plaintiff's damages no matter the amount of fault of each party.

pure comparative negligence

In awarding punitive damages, juries usually consider the egregiousness or willfulness of thetort and the wealth of the defendant. True false question.

TRUE

Which of the following is not a defense that relieves the defendant from liability even when the plaintiff has proved all four elements of negligence in a negligence case?

consumption of the harm

Which of the following is the obligation a business property owner owes an invitee

to inspect the premises to ensure that they are reasonably safe and to warn of hidden dangers