Tort Law Test 3 True/False
True/False: The right to detain someone suspected of shoplifting will be lost if the defendant is coerced into signing a confession or making payment or is publicly accused of shoplifting.
True
A defendant is strictly liable even if it is only because the plaintiff is conducting an abnormally sensitive activity.
False
A seller cannot disclaim an express warranty.
False
Class actions have been allowed in cases involving such drugs as fen-phen but disallowed in tobacco cases.
False
Courts are more likely to find proximate cause in a strict liability case than in a negligence case and to deny liability if there is an unforeseen, intervening cause in a negligence case than in a strict liability case.
False
Courts uniformly agree that implied warranties of merchantibility apply to sales of food and drink, services, and real estate transactions.
False
Dog owners are strictly liable for damage caused when their dog bites someone if they know or have reason to know that the dog has vicious propensities; however, under the law of most states, dogs are allowed one "free bite."
False
In most cases plaintiffs are allowed to introduce evidence of a defendant's redesign of a product.
False
Obviousness of danger precludes an obligation to warn.
False
Statutes of repose begin to run at the time of injury.
False
Strict liability is applicable to private individuals who sell defective goods and to sellers of used goods.
False
Strict liability is synonymous with absolute liability.
False
The federal pre-emption doctrine allows states to act as they please as longs they do not conflict with federal law.
False
True/False: A defendant can use force to defend another even if he is mistaken about that person's need for intervention as long as he reasonably believes that the person he is helping would have been privileged to claim self defense.
False
True/False: A defendant does not commit conversion if she mistakenly picks up the plaintiff's purse and does not realize her mistake until two months later, at which time she returns it.
False
True/False: A defendant is liable for all consequences of a trespass as long as those consequences are predictable.
False
True/False: A defendant is liable for the emotional distress suffered by a plaintiff only if he suffered some type of physical harm.
False
True/False: A defendant must retreat before using deadly force to protect himself when his home is invaded.
False
True/False: A plaintiff can recover for assault even if he knows that someone other than herself will be touched.
False
True/False: A viable defense to trespass to chattels is that the defendant mistakenly believed the property was his.
False
True/False: According to the Restatement, deadly force and be used to prevent any felony.
False
True/False: An assault is not committed unless the plaintiff fears the impending contact.
False
True/False: An assault occurs even if threats of future harm are made.
False
True/False: Battery must involve contact with the plaintiff's body, not with something attached to the body.
False
True/False: If a defendant claims the privilege of necessity, he must pay for any damages she causes.
False
True/False: In deciding whether a conversion has been committed, the only thing the courts consider is the extent and duration of the defendant's control of the property.
False
True/False: Insults and petty manipulations are often the basis for the tort of infliction of emotional distress.
False
True/False: Merely obstructing a plaintiff from taking the route she prefers is grounds for false imprisonment.
False
True/False: Mistake is a defense to any intentional tort.
False
True/False: Recovery for trespass to chattels is allowed for the owner but not the possessor of property.
False
True/False: The doctrine of transferred intent generally applies to the infliction of emotional distress.
False
True/False: The intent to commit one tort cannot be transferred to the tort that is actually committed.
False
True/False: To be liable for an intentional tort, a tortfeasor must intend to harm the plaintiff.
False
True/False: To claim self-defense the defendant must show a threat of imminent or future harm.
False
True/False: To commit battery the defendant must actually touch the plaintiff with his body.
False
True/False: To commit battery, the defendant must cause the plaintiff pain or bodily harm.
False
True/False: To defend herself against a claim of false imprisonment, an officer must show that the arrest he made was lawful.
False
True/False: Tort law and criminal law share the same purpose and historical derivations.
False
True/False: Trespass does not occur if a defendant's contact with the land is a result of a reasonable mistake.
False
True/False: Trespass is a strict liability tort.
False
True/False: When determining whether a defendant used a reasonable amount of force to protect himself, a subjective standard is used.
False
True/False: With both trespass to chattels and conversion, the defendant has a right to return the property to the plaintiff to mitigate his damages.
False
UCC statutes of limitations are shorter than general tort statutes of limitations.
False
Under the English common law, which has been adopted in all states, owners of animals were strictly liable for property damages caused by their animals when they trespassed on another's land.
False
A defendant is not strictly liable for harm that occurs as a result of a risk that is not the kind of risk that makes the activity dangerous.
True
A description of a windshield as being "shatterproof" allows a plaintiff to recover if the window shatters after being hit by a rock.
True
An adequate warning of a drug must convey the nature, gravity, and likelihood of the risks involved in taking the drug.
True
An advertising campaign for a drug can dilute a warning to the extent it becomes inadequate.
True
An argument against strict liability is that manufacturers are unduly hampered in trying to meet consumer demands by the threat of strict liability suits.
True
Before a class action can be certified, the party requesting certification must prove that adequate notice will be given to all potential members of the class.
True
Bulls and stallions are considered domesticated even though they are often dangerous.
True
Cippollone muddied the waters for the lower courts with regard to pre-emption.
True
Courts hold manufacturers of defective products strictly liable because they believe that manufacturers can internalize the costs of accidental losses.
True
If a plaintiff contracts a disease as a result of receiving a blood transfusion, the question that a court must answer is whether the provision of blood involves the sale of a service or product.
True
In Cipillone the plaintiff sued three tobacco companies on the basis of breach of express warranty, defective design, and failure to warn.
True
In Sindell v. Abbott Laboratories the court held that each defendant that could not prove it did not supple DES to the manufacturers was liable for a proportion of the judgement representing its share of the market.
True
In a warranty action defendants can claim that the plaintiff knew the product was defective and used it anyway.
True
In airbag cases manufacturers often contend that allowing a lawsuit conflicts with the National Traffic and Motor Safety Act of 1966, which gave manufacturers three options in choosing how to protect front seat occupants.
True
Manufacturers have a duty to warn even if they neither knew nor should have known of the dangers of the sale of the product at the time it was sold.
True
Most courts restrict contract recovery to economic losses and tort recovery to damages to property or persons.
True
Strict liability is applicable to defendants who carry out their activities with the utmost of care.
True
The alternate theory of liability allows a defendant to be found liable if he cannot prove that he did not cause the plaintiff's injuries.
True
The rationale for the decision in Rylands v. Fletcher has been adopted by the majority of American courts and the Restatement (second) of Torts.
True
Those who argue that manufacturers should be strictly liable for damages resulting from the sale of their products to justify their position on the basis that the modern sophistication of products precludes consumers from being able to pinpoint the acts of negligence responsible for their injuries.
True
True/False: A defendant can use deadly force to protect himself in his home if he reasonably believes he is in imminent danger of death or serious bodily harm.
True
True/False: A defendant is liable for allowing gas or particles to enter a plaintiff's land or for setting off a blast that causes vibrations on the plaintiff's land.
True
True/False: A defendant is not liable for trespass to chattels if there was no harm caused to the property.
True
True/False: A patient's consent to treatment will be considered ineffective if the doctor fails to adequately inform her about the risks involved or the consequences that will definitely follow the treatment.
True
True/False: A plaintiff is not required to subject herself or her property to harm in order to extricate herself from confinement.
True
True/False: A plaintiff who believes he can protect himself and who is not fearful that he will be harmed can still be the victim of an assault.
True
True/False: A plaintiff's consent may be implied by his conduct.
True
True/False: A plaintiff's peculiar characteristics may be taken into consideration in evaluating the defendant's conduct for purposes of the tort of intentional infliction of emotional distress.
True
True/False: An assault is committed when a defendant intends to frighten but not to contact the plaintiff.
True
True/False: An assault is complete as soon as the plaintiff apprehends contact.
True
True/False: Battery includes harmful or offensive contact even if the defendant intended only to frighten but not harm the plaintiff.
True
True/False: Common carriers and public utilities are held to a higher standard of care than the rest of the public for purposes of the tort of intentional infliction of emotional distress.
True
True/False: Confinement for purposes of false-imprisonment can be achieved by threats even if those threats consist of the defendant's body language or are directed at someone other than the plaintiff.
True
True/False: Homeowners must post warnings for non-lethal devices, but posting a warning for a deadly device will not absolve them of liability if someone is injured.
True
True/False: If a defendant fails to commit the tort she intends to commit but ends up causing the plaintiff emotional distress, she cannot be held liable for the harmful effects of the emotional distress.
True
True/False: If a defendant fails to remove something from the plaintiff's property after permission to be on the property has ended, she is liable for trespass.
True
True/False: If a defendant has a right to claim the privilege of necessity, the plaintiff has no right to use reasonable force to prevent the defendant from exercising his privilege.
True
True/False: In determining whether a contact is offensive, the question is whether any person of reasonable dignity would be offended.
True
True/False: Landowners cannot necessarily sue for an invasion of their airspace.
True
True/False: Most courts do not allow a landlord to forcibly evict a tenant unless there is a provision in the lease allowing forcible entry and reasonable force is used.
True
True/False: Property owners lose their privilege of using force to regain possession of property if they make a mistake.
True
True/False: Some courts allow words alone to constitute assault.
True
True/False: The concepts and terms used in tort law do not always correspond to those used in criminal law.
True
True/False: The courts are not at all uniform in their assessment of extreme and outrageous conduct.
True
True/False: The defendant is liable for the full extent of the plaintiff's harm even if he could not have reasonably anticipated that harm.
True
True/False: The defendant need not have the ability to carry out a threatened contact, but the plaintiff must believe the defendant has that ability.
True
True/False: To defend herself against charges of false imprisonment by a customer detained for shoplifting, the merchant must show that there were reasonable grounds for the detention and that the detention was not unreasonably long.
True
True/False: To hold a defendant liable for the tort of intentional infliction of emotional distress, a plaintiff must prove that the defendant wanted to bring about a particular consequence or knew with substantial certainty that a specific result would occur.
True
True/False: With conversion, the plaintiff can recover even if the defendant made an innocent mistake.
True
UCC statutes of limitations apply to warranty actions.
True
With strict liability, a defendant can be found liable even if she adhered to an objective standard of care.
True
To recover for trade libel, a plaintiff must show that the defendant made a false statement that ridiculed or disgraced the plaintiff's good or business.
true
The distinction between property damage and economic loss is not always clear.
true
A buyer has an unlimited time in which he can notify.a seller of a breach of warranty.
false
A competitor is not privileged to "puff" if he knows his statements are false and he intends to take business away from the plaintiff.
false
A defamation plaintiff who suffers no quantifiable damages cannot go to trial.
false
A person can become a public figure merely by becoming involved in a controversy of public interest.
false
A statement implying undisclosed facts may not be defamatory if it is an opinion.
false
A vast number of defamation cases are litigated, and most of those are won, especially against media defendants.
false
Absolute privileges are enjoyed by judges, lawyers, parties, and witnesses during judicial proceedings unless their motive is defamation.
false
Defamation is essentially a strict liability tort.
false
Economic loss includes damage to a product.
false
If a plaintiff misuses a product, most courts will not allow the plaintiff to recover.
false
In Turner v. General Motors Corp. the court found General Motors to be not liable because no car manufacturer at that time had ever made a car with a roll bar.
false
In a design-defect case the availability of other designs is not considered.
false
In cases of slander, pecuniary losses are not necessary.
false
Libel includes statements on records and computer tapes but does not include words dictated to a stenographer.
false
Manufacturers are obligated to use the most durable design possible.
false
Plaintiff's in negligence actions cannot recover if they are only users of a product but did not purchase it.
false
Plaintiffs suing on the basis of strict liability can always recover for purely economic losses.
false
Public disclosure of private facts is a viable claim even if the details published are contained in a public record.
false
Retailers have no duty to make superficial inpection of cars they sell.
false
Statements are more likely to be considered opinion if they are precise and easily verifiable.
false
Suppliers of services can be found negligent, but sellers of real estate cannot.
false
Survivors of a deceased person can sue for defamation because of statements made against that person.
false
The tort of unreasonable intrusion requires proof that the defendant negligently intruded upon the seclusion of another and that the intrusion was disturbing to the plaintiff.
false
Those who distribute or sell defamatory materials are liable even if they can show they had no reason to believe the materials were defamatory.
false
Under contemporary court decisions, presumed damages can never be awarded unless the plaintiff can prove actual malice.
false
Under federal law, manufacturers who provide a written warranty can still disclaim any implied warranties.
false
Under today's U.S. Supreme Court decisions, a defendant has the burden of proving that his statement is true.
false
The physical intrusion required in a claim of unreasonable intrusion can involve the use of mechanical devices.
true
The same intent, defenses, and privileges applicable to trade libel apply to slander of title.
true
A defamation plaintiff must prove that the defendant's statement is defamatory in accordance with at least one interpretation a reasonable person might make.
true
A false-light claim can also be considered grounds for defamation.
true
A false-light claim is easier in some respects to prove than defamation.
true
A partnership or corporation can be defamed.
true
A privilege can be lost if the statement is made to more people than necessary to protect the interest in question or if more damaging information is disclosed than is reasonably necessary.
true
A seller cannot limit her consequential damages when personal injuries result from a defective product.
true
A statement that is substantially true, even if it is not true in all respects, is considered a true statement.
true
Absolute immunity applies to husband-wife communications.
true
An implied warranty of merchantability can be disclaimed if the buyer has an opportunity to examine the goods and refuses to do so.
true
An individual may be qualifiedly privileged to act for the protection of the recipient of statement if the statement is made within the parameters of the generally accepted standards of decent conduct and is in the context of a close personal or business relationship.
true
An industry as a whole may be determined to be negligent.
true
Appropriation occurs when a defendant uses the plaintiff's name or picture for his own financial gain.
true
Defamation involves the courts' attempt to balance freedom of expression against protection of individuals' reputations. 13/1
true
In a design-defect case the question is whether the defendant chose a design that posed an unreasonable danger to the plaintiff.
true
In determining whether a safety feature must be installed, courts consider the cost of the product and the magnitude of the danger without the safety feature.
true
Invasion of privacy originated as the result of a Law Review article.
true
It is a valid defense to a strict liability claim that the plaintiff misused the product or used it ion an abnormal fashion unless the misuse or abuse was reasonably foreseeable.
true
One who repeats a defamatory statement is liable even if he does not believe it to be true.
true
Public disclosure of private facts occurs when private details are published about the plaintiff's life that would be highly offensive to a reasonable person.
true
Retailers have no duty to inspect goods unless they believe they may be dangerous. 12/1
true
Unless the matter is not one of public interest, U.S. Supreme Court decisions require plaintiffs to prove that the defendant acted with reckless disregard at the very least if they are to recover presumed damages.
true
