Torts T/F

If a defendant pushes a person out of the path of a speeding car but that person suffers a broken thumb as a result of the push, then the defendant can avoid liability through the defense of mistake

False

If a landholder discovers an ordinary trespasser on the property who is trapped or injured, the landholder has no duty to aid that trespasser.

False

It is impossible to be a public invitee onto private property

False

Negligence Misrepresentation is another term for the tort of fraud

False

No defenses exist to a claim of product liability under a theory of strict liability

False

Only an owner of property can be a landholder for purposes of premises liability

False

So long as the plaintiff can show any amount of damages, the plaintiff can recover in an action for nuisance.

False

The Adirondack Park Agency has an affirmative duty to warn recreational land users about dangerous conditions.

False

The concept of joint and several liability means that a plaintiff's claim for negligence does not disappear because plaintiff has died before the start of trial.

False

To win a lawsuit based upon alienation of affection, plaintiff has to show that defendant engaged in sexual intercourse with plaintiff's spouse.

False

Under the common law, bars are liable for the torts committed by their drunken customers

False

Because of a sudden shift in the wind, the pesticides that defendant is spraying drifts onto plaintiff's property and kills the plaintiff's plants; defendant will be held responsible under a theory of strict liability

True

Blasting is an abnormally dangerous activity

True

Comparative fault can reduce the award of damages in a strict liability case

True

Defendant has succeeded in convincing the plaintiff's spouse to engage in sexual intercourse so that under the common law, plaintiff now has a cause of action for criminal conversation

True

According to the Restatement (Third) of Torts: Product Liability, courts should now assess claims of product liability using the "consumer expectation" test.

False

All people who suffer an injury of a defendant's negligence will have a valid claim against the defendant.

False

An owner of personal property who trespasses to recover the chattel will escape liability because of the defense of necessity

False

Attractive nuisance applies to both, artificial and natural conditions

False

Besides suing a driver for the wrongful death of a child, the parents can successfully sue the driver for criminal conversation

False

Claiming that a celebrity has endorsed a product, although this was done without the celebrity's permission, means that the celebrity has a valid claim in tort for defamation

False

Counterclaims are the same things as cross-claims

False

Damages intended to punish the defendant are called nominal damages.

False

Defendant will be held responsible in strict liability for having breached a duty of care

False

During discovery, a party can submit interrogatories to a witness that an opposing party plans to have testify at trial

False

Heart balm statutes extinguish the possibility of recovery for loss of consortium

False

A party can depose the opposing party.

False

A plaintiff can successfully sue a defendant for misrepresentation only when the defendant intentionally provided the inaccurate information

False

A plaintiff is not exercising due care and walks into an open door at the defendant's place of business. The defendant will avoid liability by using the doctrine of last clear chance.

False

A professional sports player has entered the last year of a contract, and a team has approached the player about signing up with that team at the end of the contract. That team has engaged in the tort of interference with a contractual relationship

False

According to the "substantial factor" rule, the plaintiff in the famous Palsgraf case was a foreseeable plaintiff.

False

A baseball player slides into a base. An opponent guards the base but cannot escape unintentional contact with the baseball player's cleats. If the opponent sues the baseball player, the opponent will lose because of the defense of private necessity

False

A boyfriend has a cause of action for alienation of affection if his girlfriend leaves him for another guy

False

A critical issue in an action in nuisance is whether the defendant's conduct interfered with the plaintiff's possession of the property

False

A landholder owes the same duty of care to an ordinary trespasser whether or not the landholder knows that the trespasser is on the property.

False

A parent convinces a child to leave the child's spouse so that the parent would be potentially liable for the tort of criminal conversation

False

A request for discovery can include having the plaintiff receive an examination by an independent medical examiner.

True

A robber points a gun at a victim, who draws out a knife and slashes the robber, ending the attack. If the robber sues the victim, the robber will lose because the victim used a reasonable amount of force.

True

Among the sanctions that a court can apply to a party who is not complying with a request for discovery, the court can direct the jury to take a negative inference against the non-complying party

True

An action in nuisance is unreasonable if the nuisance is more than what a "normal person" would consider to be a nuisance

True

An individual can file suit for a public nuisance if she is harmed in some manner different than that of the general public

True

"Failure to Warn" can, under product liability, be the basis for recovery under a theory of strict liability

True

"Premises" includes land, all things attached to the land, and anything growing from it.

True

A court may end a nuisance by issuing an injunction

True

A defense like contributory negligence may only mitigate an award in damages. It does not absolve a defendant of absolute liability

True

A nuisance can be simultaneously private and public as long as the private party can show a unique injury different from that suffered by the general public

True

A parent who hears that the parent's child has been injured could sue for intentional infliction of emotional distress if the parent was told this simply to alarm the parent

True

Defendant, who assaults plaintiff, is arrested the next day in another state for committing a crime there. The defendant is found guilty. After serving a sentence of five years, the defendant is released, whereupon the plaintiff sues the defendant for the assault. The statute of limitations for assault in plaintiff's state is 1 year. Plaintiff's best argument that the law suit is not time barred is the concept of "tolling" of a statute of limitations due to defendant's incarceration in another state.

True

During trial, a plaintiff can file a motion for a directed verdict.

True

Even in a case where a child trespasser cannot avail herself of the "attractive nuisance" doctrine, she may still be owed a duty depending on her status as an "undiscovered ordinary trespasser;" a "discovered trespasser;" or a "constant trespasser onto a limited area."

True

If a defendant does not plead an affirmative defense, then a court might consider that the defense has been waived.

True

If a fiduciary relationship exists, then defendant owes the plaintiff a duty of care to provide accurate information

True

In a claim for negligence, one question that the court needs to do is answer the question, "Did the plaintiff suffer damages?"

True

In a state that uses the legal concept of contributory negligence, even if the plaintiff is only 1% liable, then the plaintiff's claim will be denied.

True

In evaluating an action for nuisance, one factor that the court can consider is whether the plaintiff's or defendant's interest arose first.

True

In every claim for negligence, the plaintiff needs to allege that the defendant has breached a duty of care.

True

Intentional infliction of emotional distress requires proof of psychological harm

True

Military personnel are immune from tort liability while on duty

True

One way that vicarious liability can arise is if it involves a join enterprise

True

One way to test the credibility of a witness during trial is to question that witness during cross-examination.

True

Only a court can determine, as a matter of law, it a plaintiff have a valid claim for negligence per se.

True

Some states impose a duty to safeguard invitees from foreseeable tortious or criminal acts by third persons

True

States can apportion liability among multiple defendants, depending on the degree of fault of each, by enacting the equality rule.

True

The common law may impose an obligation upon a defendant to engage or not engage in certain activity.

True

The defendant, who is walking the grounds of a fair that is setting up, sees a worker standing over a tank of water on the "if you can hit the target, you win a prize" exhibit. Grabbing a rock, the defendant throws it and hits the target, causing the worker to fall into the tank. The worker is injured during the fall, and sues the defendant for damages. Defendant will fail in an effort to escape liability by raising the defense of mistake

True

The difference between an intentional tort and a tort action in negligence is that intent doesn't matter with a tort action in negligence.

True

The doctrine of "avoidable consequences" requires an injured party to seek medical assistance immediately

True

The guidelines that a judge uses to evaluate the reliability of information offered at trial will involve rules of evidence.

True

The older the child, the less likely it is that an "attractive nuisance" theory of liability will succeed

True

The plaintiff has the burden to make out a prima facie case.

True

The standard used by the Restatement 2nd to assess a claim in product liability was whether the product was unreasonably dangerous

True

The tort of defamation, to a person, is analogous to the tort of disparagement to commercial interests

True

There is no duty of reasonable care to an ordinary trespasser whose presence is unknown

True

To prevent gasoline that is leaking from cars as a result of an accident to pollute a water supply, the defendant grabs hay bales and blocks the flow from running off into storm drains. Due to the defense of public necessity, defendant will not face liability for the loss of value for the hay.

True

To rebut a presumption means that a party to litigation has disproven a legal assumption

True

To win a lawsuit, the plaintiff must prove, by a preponderance of the evidence, that defendant is liable.

True

Under modified comparative negligence, the plaintiff can receive some damages so long as the plaintiff contributed less than 50% to the accident which had produced the plaintiff's injuries.

True

Under the "discovered peril doctrine," if a defendant is aware of the plaintiff's peril and fails to exercise reasonable care to help the plaintiff avoid injury, then the fact that the plaintiff breached a duty of care will not bar any recovery for damages.

True

Under the common law concept of caveat emptor, the buyer has a duty to inspect a premises thoroughly prior to the purchase.

True

Under the doctrine of contributory negligence, the plaintiff has breached a duty to exercise care for the plaintiff's own safety.

True

Using a disclaimer may eliminate claims for breach of warranty

True

When an adult is in loco parentis, the adult may use reasonable force to discipline a child in the adult's care

True

When it comes to an action in nuisance, "the law does not concern itself with trifles"

True

While on a school trip, a teacher grabs the arm of a student in time to prevent a speeding car from hitting the student so that if the student's parents sue, the teacher will be able to to use the defense of privilege

True

With the conviction of Earl for the crime of adultery with Eben's spouse, Eben now has a common law cause of action against Earl for criminal conversation

True