BUS LAW CH. 7 Review ( TORT LAW)

Why have most states replaced the contributory negligence defense with a comparative negligence theory?

Most states have replaced contributory negligence with comparative negligence, because the adoption of the last-clear-chance doctrine still left many situations in which an extremely careless defendant can cause a great deal of harm to a plaintiff who is barred from recovery due to minimal contributory negligence.

Which of the following must a plaintiff prove to win a recovery in a negligence case?

To win a negligence case, the plaintiff must prove four elements: (1) duty, (2) breach of duty, (3) causation, and (4) damages.

Which of the following is true of the term "tort"?

Tort is a French word meaning "wrong."

Which of the following are common classifications of torts?

Torts are most commonly classified as intentional, negligent, or strict-liability torts.

Which of the following has been adopted by courts to aid plaintiffs in establishing negligence claims?

Two doctrines have been adopted by courts to aid plaintiffs in establishing negligence claims: res ipsa loquitur and negligence per se.

Robby calls Bobby on the telephone and threatens to come over and break his nose. Which of the following is true?

An assault occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.

Which of the following may a person accused of defamation raise as a defense?

A person who is accused of defamation can raise two defenses: truth and privilege.

Which of the following types of damages is intended to reimburse a plaintiff for his or her losses?

Compensatory damages are damages intended to reimburse a plaintiff for her or his losses.

Which of the following is an unforeseeable event which interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered?

A superseding cause is an unforeseeable event that interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered.

Which of the following is a tort?

A tort is commonly defined as a wrong or injury to another, other than a breach of contract.

Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages, with no requirement that the defendant be more than 50% at fault?

According to a pure comparative negligence defense, the court determines the percentage of fault of the defendant with the defendant then held liable for that percentage of the plaintiff's damages.

Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50% at fault before the plaintiff can recover?

According to modified comparative negligence, the defendant must be more than 50 percent at fault before the plaintiff can recover.

Which of the following is sometimes referred to as "but-for" causation?

Actual cause is sometimes referred to as "but-for" causation because the plaintiff argues that the damages she suffered would not have occurred but for (except because of) the actions of the defendant.

Clients who feel that they have suffered damages as a result of a professional's breach of his or her duty of care can bring a negligence case against the professional referred to as a _____________ case.

Clients who feel that they have suffered damages as a result of a professional's breach of her duty of care can bring a negligence case against her and these actions are frequently referred to as malpractice cases.

Which of the following occurs when a plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior?

Express assumption of the risk occurs when the plaintiff expressly agrees (usually in a written contract) to assume the risk posed by the defendant's behavior.

Tina negligently hits student Susie with her car. Which of the following is true?

If Sam negligently hits Janice with his car and, as a result, Janice is lying in the street, Sam has a duty to remove her from that dangerous position.

Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?

Negligence per se applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs.

What does the term "negligence per se" mean literally?

Negligence per se means literally, "negligence in or of itself."

Proximate cause is also sometimes referred to as which of the following?

Proximate cause is sometimes referred to as legal cause.

A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as __________.

Slander of title is a business tort that occurs when false published statements are related to the ownership of the business property.

Which of the following is liability without fault?

Strict liability is liability without fault.

________ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.

Strict-liability torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.

Which of the following is not a typical type of compensatory damage?

Surprisingly, attorney fees are not recoverable as compensatory damages, despite the fact that most plaintiffs could not bring an action against the tortfeasor without hiring an attorney.

Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?

The Communications Decency Act of 1996 gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others.

Which of the following is true regarding the intent needed for an intentional tort?

The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another.

A person who commits a tort is often referred to as a ______________.

A tortfeasor is a person who commits an intentional or through-negligence tort that causes a harm or loss for which a civil remedy may be sought.

A _________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.

An assault occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.

In most states, proximate cause is determined by __________.

In most states, proximate cause is determined by foreseeability.

Which of the following must the defendant prove in order to rely upon the defense of contributory negligence?

In order to rely on the defense of contributory negligence, the defendant must prove that (1) the plaintiff 's conduct fell below the standard of care needed to prevent unreasonable risk of harm and (2) the plaintiff 's failure was a contributing cause of the plaintiff 's injury.

Courts usually award punitive damages in cases in which the offender has committed _________.

In the context of negligence, courts usually award punitive damages in cases in which the offender has committed gross negligence, an action committed with extreme reckless disregard for the property of life of another person.

Which of the following is an example of an inherently dangerous activity?

Inherently dangerous activities include dynamite blasting in a populated area.

Which of the following is a category into which intentional torts are divided?

Intentional torts are divided into the following three categories: (1) torts against persons, (2) torts against property, and (3) torts against economic interests.

________ torts occur when the defendant takes an action intending that certain consequences will result or knowing that certain consequences are likely to result.

Intentional torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result.

_________ torts occur when the defendant takes an action intending that certain consequences will result or knowing that certain consequences are likely to result.

Intentional torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result.

_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Nominal damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case where there were no compensable damages suffered by the plaintiff.

Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?

Proximate cause, sometimes referred to as legal cause, refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions.

Which of the following would typically be public figures for purposes of the public figure privilege to actions for defamation?

Public figures are individuals who are in the public eye, typically politicians and entertainers.

Which of the following was the result in Sandra Morris v. Walmart Stores, Inc., the case in the text in which the plaintiff sued the defendant after slipping in water allegedly from a freezer?

The court reversed the trial court's granting summary judgment in favor of the defendant and ordered a new trial at which res ipsa loquitur could be used.

While crossing the street, Bobby does not go to a crosswalk but proceeds to illegally cross the street without even checking to see if any vehicles are coming. Slick sees Bobby in the street, notices that he is not in the crosswalk, and proceeds to hit Bobby with his vehicle because he believes that Bobby should be taught a lesson about how to cross the street. Slick does slow down somewhat and only causes Bobby some significant bruising, but Bobby is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction?

The last-clear-chance doctrine allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff.

Which of the following is a condition required for the imposition of strict liability?

The law holds an individual liable under the theory of strict liability when the activity in which she engages satisfies three conditions: (1) It involves a risk of serious harm to people or property; (2) it is so inherently dangerous that it cannot ever be safely undertaken; and (3) it is not usually performed in the immediate community.

Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions?

The most common defense to battery is self-defense, responding to the force of another with comparable force in order to defend oneself.

Which is the most difficult part of establishing the defense of assumption of the risk?

The most difficult part of establishing the assumption of the risk defense is showing that the plaintiff assumed the risk of the actual harm she suffered.

When would a plaintiff use the doctrine of res ipsa loquitur?

The plaintiff uses res ipsa loquitur to allow the judge or jury to infer that, more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care.

___________ damages are compensation awarded to punish the defendant.

The purposes of punitive damages are both to punish the defendant and to deter him and others who are similarly situated from engaging in that kind of activity again.

The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.

The reasonable person standard is a measurement of the way members of society expect an individual to act in a given situation.

Steven knows that his dog has bitten several people. Cindy comes to visit him but Steven does not tell her about the dog's propensities. Unfortunately, the dog nips Cindy and she is required to have some stitches in her ankle. Which of the following is the most likely result if Cindy sues Steven?

To determine the defendant's duty of care, the judge or jury must determine the degree of care and skill that a reasonable person would exercise under similar circumstances.

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made __________.

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made with actual malice.

Assume Bob is driving and suddenly has an unexpected heart attack causing him to run over a student crossing the street breaking the student's leg in the process. Which of the following is true?

Unlike intentional torts, which result from a person's willfully taking actions that are likely to cause injury, negligent torts involve the failure to exercise reasonable care to protect another's person or property.

When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim.

When an absolute privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim.