BLAW FINAl T/F Chapters 7,8, & 22
Ray is informed that his six-year-old child is shooting in the street with a .22 rifle. Ray fails to take the gun away from the child. The child unintentionally shoots Bill, a pedestrian. Ray is liable to Bill.
True
Res ipsa loquitur means "the thing speaks for itself" and it permits the jury to infer negligent conduct and causation from the mere occurrence of certain types of events.
True
Section 402A of the Restatement applies only if the defective product is unreasonably dangerous.
True
Section 402A provides that liability exists only if the product reaches "the user or consumer without substantial change in the condition in which it is sold."
True
Smith, a witness in a lawsuit against Weaver, made a defamatory statement about Weaver at trial because she was jealous of Weaver and wanted her to be found guilty. Smith has the absolute privilege to make such a statement, so Weaver cannot successfully sue Smith for defamation.
True
Some states have today merged the implied assumption of risk doctrine into their comparative negligence systems.
True
The Code does not label the warranty of title as an implied warranty, despite the fact that it arises out of the sale and not from the words or conduct of the parties.
True
The Love v. Hardee's Food Systems, Inc. case dealt with the responsibility of the owner or possessor of property to an invitee to warn of, remove, or barricade a dangerous condition of the premises.
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The Magnuson-Moss Warranty Act is administered by the Federal Trade Commission.
True
The Third Restatement of Torts has abandoned the defense of implied voluntary assumption of risk.
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The general rule for the standard of care used in tort law is: a person is under a duty to all others at all times to exercise reasonable care for the safety of other persons and their property.
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The law of torts reallocates losses caused by human misconduct.
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The liability of manufacturers and sellers of goods for a defective product or for its failure to perform adequately may be based on one or more of the following: negligence, misrepresentation, violation of a statutory duty, warranty, and strict liability in tort.
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The main provision of the Restatement (Third) of Torts, Section 2, recognizes three types of product defects: manufacturing defects, design defects, and failure to warn.
True
The plaintiff must prove that the defendant's negligent conduct proximately caused harm to a legally protected interest in order to have a valid negligence action.
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The same act can be both a tort and a crime.
True
The standard of conduct which serves as the basis for the law of negligence is usually determined on a cost-benefit or risk-benefit analysis.
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The tort of appropriation protects a person's exclusive right to exploit the value of her identify
True
The tort of false light imposes liability if the matter in question is objectionable to a reasonable person, but is not necessarily defamatory.
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The word "merchantability" must be mentioned in a disclaimer of an implied warranty of merchantability.
True
Tim and his friend are playing catch in the back yard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks the window. This is trespass to real property, even if Tim himself does not go onto the property to get the ball.
True
Tom's dog has bitten three mail carriers, but Tom can't bear to chain him up. When the dog bites the newsboy, Tom will be strictly liable.
True
Unauthorized use of another person's name for one's own benefit is an invasion of the person's right to privacy.
True
Under comparative negligence, the court apportions damages between parties in proportion to the degree of fault or negligence it finds against them.
True
Under constitutional privilege, a public official or public figure must prove that the defendant published the defamatory and false comment with knowledge of the comment's falsity or in reckless disregard of the truth.
True
Under the CISG, the seller must deliver goods, unless otherwise agreed, that are fit for the purposes for which goods of the same description would ordinarily be used.
True
A "reasonable person standard" does not apply to children since they do not have the judgment, intelligence, knowledge, or experience of adults.
False
A defamatory communication that is spoken or oral is designated as libel.
False
A defendant will be liable for all harm that can be traced back to the defendant's negligence.
False
A letter sent to someone falsely accusing her of being a murderer constitutes the tort of defamation.
False
A licensee for purposes of tort law is a person invited upon land as a member of the public or for a business purpose.
False
A major difference between trespass to personal property and conversion is that the latter does not require intent to harm whereas trespass does.
False
A person cannot be guilty of trespass unless he or she intended to violate the other's rights.
False
A person who falls asleep while driving would not be liable for any resulting injury since it would be an unavoidable accident.
False
A person who negligently places another person in imminent danger is not liable for injury sustained by a third-party rescuer.
False
A possessor of land has a legal duty to warn business invitees of obvious dangers that invitees should be able to discover themselves.
False
A tiger gets loose from the tent of a circus and mauls a passerby. The circus claims it has always treated the animal well and that it was not at all negligent in its handling of the animal. The circus has no liability for the injury caused by the animal.
False
A violation of a statute constitutes negligence per se regardless of whether the injured party is a member of the class protected by the statute.
False
A warranty of title may be included only by specific language or by certain circumstances.
False
All batteries are immediately preceded by an assault.
False
All intervening causes of harm are also superseding causes.
False
All intervening events that occur subsequent to the defendant's negligent conduct will relieve the defendant of liability.
False
An express warranty requires that the warranty be expressed in words.
False
An implied warranty is found in the language of a sales contract.
False
Barnhart, an employer in control of an electronic bulletin board, is protected under the Communications Decency Act from liability for online defamatory statements made by employees.
False
Barry buys a car from a dealer, which is sold to him "as is" and "with all faults." The next day, the engine blows up. Barry can sue the dealer for breach of the implied warranty of fitness.
False
Because of the harshness of the all-or-nothing contributory negligence rule, nearly all states have now substituted the last clear chance doctrine for contributory negligence.
False
By law, bystanders are always required to help others in peril.
False
Contributory negligence is a defense to a warranty of merchantability cause of action.
False
Ed buys a car from a friend "as is." The friend tells him, "In my opinion, this car is in excellent mechanical condition." The friend has made an express warranty.
False
Even if a defendant's own negligent conduct created an emergency, he will not be liable for the consequences of the conduct if he acted with reasonable care in the resulting emergency situation.
False
Fitness for a particular purpose and merchantability are implied warranties that apply only to sales by commercial vendors.
False
Frank, after drinking too much alcohol, would be held to a lower standard of care than if he were sober, because a reasonable drunk person is less careful than a reasonable sober one.
False
Horizontal privity pertains to remote sellers within the chain of distribution.
False
If a raccoon gets loose from a cage and harms someone, the owner can escape liability by showing that he took great care to keep the animal confined.
False
If an intervening cause is deemed to be a superseding cause, it does not relieve the defendant of liability for that harm.
False
If negligence of the plaintiff and negligence of the defendant proximately caused the injury and damage sustained by the plaintiff, the plaintiff can recover some damages in those states where contributory negligence is still recognized.
False
If the tortious conduct of Mandy is insufficient by itself to cause Alex's harm, Mandy's conduct cannot be considered in combination with Brent's tortious conduct to determine factual cause of Alex's harm.
False
In Greene v. Boddie-Noell Enterprises, Inc., the court found that the fact that the plaintiff was burned proved the product was dangerously defective.
False
In only a minority of states a jury may award punitive damages if a defendant's tortious conduct is intentional and outrageous.
False
In order to sue for battery, a plaintiff must prove that he or she has received a physical injury.
False
Intent, as used in tort law, requires an evil motive.
False
Intentional infliction of emotional distress will protect a person from rudeness if the conduct was intended to cause emotional distress.
False
Jennifer purchased a used refrigerator from her next-door neighbor, a mail carrier. When she took it home and plugged it in, the refrigerator burst into flames. The seller in this case is in breach of the implied warranty of merchantability.
False
John and Megan are at a crowded theater. In the press of people exiting the theater, John accidentally steps on Megan's big toe and breaks it. Megan can sue John for the tort of battery.
False
Minors under the age of 18 are not held liable for their intentional torts.
False
Negligence per se is a defense in a negligence case.
False
Only the intentional destruction of personal property and not the use of the property in an unauthorized manner can give rise to a cause of action for conversion.
False
Punitive damages is a term referring to damages that will merely compensate victims for the harm they have suffered, but will cost defendants more money than they have.
False
Res ipsa loquitur makes it easier for the defendant to prevail in a negligence action.
False
Sam goes to the movies one Friday evening. The movie is boring and Sam falls asleep. At 2 a.m., the security guard locks the building. Sam awakens the next morning when the cleaning crew opens the door. Sam can sue for false imprisonment.
False
Statutes of repose were enacted to give consumers more rights against large manufacturers.
False
The "but for" test is useful when two or more forces, each of which is sufficient to bring about the harm in question, are actively operating.
False
The Code does not permit a seller to seek to impose time limits within which a warranty is effective.
False
The Code requires that the affirmations, promises, or descriptions the seller makes be relied on by the buyer to be an express warranty.
False
The Restatement (Third) of Torts: Products Liability has experienced rapid adoption by the states.
False
The Restatement Third, Torts, completed and approved in 2004, covers torts that involve economic loss not resulting from physical harm to persons or property.
False
The cause of action of infliction of emotional distress protects a person from abusive language by a supervisor.
False
The law of torts is primarily statutory law.
False
The law provides no protection from harm to a person's right of dignity.
False
The major distinction between trespass to personal property and conversion is whether the exercise of dominion or control was intentional.
False
The owner of land is liable to adult trespassers for failure to maintain the land in a reasonably safe condition.
False
The purpose of tort law is to punish the wrongdoer.
False
The terms "nuisance" and "trespass to real property" refer to the same tort.
False
The tort of defamation is best defined as the unreasonable public disclosure of private facts.
False
The tort of nuisance includes only the trespassory invasion of real property.
False
The warranty of merchantability is found in Section 402A of the Restatement of the Law of Torts.
False
There are no defenses available for strict liability; it is imposed absolutely.
False
There is an established rule in the law of torts that even one who has not created a peril has a duty to take affirmative action to assist an imperiled person, no matter what the relationship with that person, when the imperiled person can be saved from harm at little or no personal risk to the rescuer.
False
To help sell the product, a book publisher used a well-known commentator's name and her quote on the back book jacket of a new release without the commentator's knowledge or permission. No tort was involved since there was no injury to anyone.
False
Tort law gives persons relief from civil wrongs or injuries to their person and property but not their economic interests.
False
Tort liability is civil liability that is voluntarily assumed.
False
Under Alternative A of the Code's horizontal privity provision, a corporation may bring a case against the manufacturer of a defective product for breach of the warranty of merchantability.
False
While comparative negligence is generally not a defense in a strict liability case, contributory negligence generally is a successful defense.
False
With respect to horizontal privity, the strict liability in tort of manufacturers and other sellers extends to only buyers, users, and consumers, but not to injured bystanders.
False
A possessor of land must warn licensees of dangerous conditions of which the possessor has knowledge and the licensees do not and are not likely to discover.
True
A privilege may result in immunity from tort liability.
True
A reasonable person, as used in the law of torts, is a fictitious individual who is always careful, prudent, and never negligent.
True
A widely applied test for causation in fact is the "but for" test.
True
Al, the bus driver on a cross-country Greyhound, kisses Susie, a passenger, while she sleeps. Al could be sued for battery.
True
All conversions are trespasses but not all trespasses are conversions.
True
All warranties are construed as consistent with each other and cumulative, unless such construction is unreasonable.
True
An express warranty may consist of a sample.
True
An implied warranty exists by operation of law.
True
If a defendant acts under emergency conditions, these conditions will be taken into account in applying the reasonable person standard.
True
If a person's 150-pound sheep dog has a propensity to jump enthusiastically on visitors, the animal's keeper would be liable for any damages done by the dog's playfulness.
True
If the seller of goods is an expert and gives an opinion with regard to the goods, the seller may be liable for breach of warranty.
True
In applying the reasonable person standard, the court takes into account a person's physical, but not mental handicaps.
True
In determining a defendant's liability for negligence, his or her superior skill or knowledge will be attributed in applying the reasonable person standard, thus increasing the chance that the defendant may be held liable.
True
In most of the states, a sixteen-year-old who drives a car will be held to the same standard of care as an adult for purposes of determining negligence.
True
In some instances the same facts will give rise to an action for both false light and defamation.
True
In some instances, people may be held liable for injuries they have caused even though they have not acted intentionally or negligently.
True
In the Ferrell v. Mikula case, the court of appeals held that the essential elements of a false imprisonment action are detention and its unlawfulness, but that malice and want of probable cause need not be shown.
True
Infliction of emotional distress occurs when a person by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person.
True
Invasion of privacy is in reality a collection of four distinct torts.
True
Jared drives his car knowing that the brakes are defective and has an accident in which the car is damaged and he is injured. He will likely be barred from suing the manufacturer, because he voluntarily assumed the risk of the defective brakes.
True
Liability for the negligent conduct of a defendant requires not only that the conduct in fact caused injury to the plaintiff but also that it was the proximate cause of the injury.
True
Lucille bought a new lawn mower on sale at a local discount store. The mower did not come with an instruction book nor did it have warning labels placed near dangerous parts of the mower. If Lucille injures herself while using this mower, she can claim that she purchased a defective product.
True
Malicious prosecution and wrongful civil proceedings impose liability for damages caused by improperly brought proceedings, including harm to reputation, credit, or standing, emotional distress, and expenses of defense.
True
Misuse of procedure can occur even when the plaintiff succeeds in the litigation.
True
Misuse or abuse of the product is a defense to an action brought under 402A of the Restatement (Second) of Torts
True
Moore, an employee of Lewpenski Motors, fraudulently tells Tolson, a prospective car buyer, that the used car he is considering has never been in an accident. If Tolson buys the car in reliance on Moore's false statement, both Moore and Lewpenski Motors are liable to Tolson for damages based on the fraudulent misrepresentation.
True
One of the principal objectives of tort law is to prevent future harms and losses.
True
Pointing an unloaded gun at someone who believes it is loaded and threatening to shoot constitutes an assault.
True
Qualified privilege depends on proper use of the privilege.
True
A duty to act is imposed on those whose innocent conduct has injured another and left him helpless and in danger of further harm.
True
A blind person will be held to the standard of care of the reasonable blind person rather than that of the reasonable sighted person for purposes of determining negligence.
True
Arthur offers Bob, an employee of Carol, a yearly salary of $10,000 more than Bob receives under the contractual relationship between Bob and Carol. Arthur knows about the contract between Bob and Carol and knows that the contract should run for another five years, but Arthur badly wants Bob to work for him. Arthur probably is liable to Carol for intentional interference with contractual relations.
True
Both design and manufacturing defects can subject a manufacturer or seller to product liability.
True
Brad doesn't like Carl and especially dislikes Carl's new felt hat, so he intentionally knocks it off Carl's head in order to embarrass Carl. Brad has committed a battery.
True
Bradley buys a television set that turns out to be stolen. He can sue the seller for breach of warranty.
True
Comment (m) to Section 402A provides that the basis of strict liability rests solely in tort and, therefore, is not subject to contractual defenses.
True
Compliance with a legislative enactment or administrative regulation does not prevent a finding of negligence if a reasonable person would have taken additional precautions to avoid harm.
True
Defenses of absolute, conditional, and constitutional privilege apply to defamation and also to publication of any matter that is an invasion of privacy.
True
Despite 402A's bar of contributory negligence in strict liability cases, some courts apply comparative negligence to strict liability cases.
True
Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to business interests.
True
Each person is legally responsible for the damages proximately caused by his or her tortious conduct, and businesses that conduct activities through employees are also liable for the torts their employees commit in the course of employment.
True
Even though contributory negligence is proven by a defendant in a state in which it acts as a complete bar to recovery, the plaintiff may still recover if the defendant had the last clear chance to avoid the injury.
True
Express voluntary assumption of the risk is a defense to an action based upon strict liability.
True
Few obstacles to recovery in warranty cases present serious problems to plaintiffs in strict liability actions brought pursuant to Section 402A because this section was drafted largely to avoid such obstacles.
True
For an action of negligence, five elements must be proved.
True
For purposes of defamation, a publication includes non-written, verbal communication to third parties.
True
For purposes of intentional torts, a person can have the intent to cause harm if he believes the harm is substantially certain to occur even if he or she doesn't desire that such harm occur.
True
The Magnuson-Moss Warranty Act applies only to the sale of consumer goods.
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