Business Law I ; Final Exam

Matt intends to throw a baseball at Jamal and hit Jamal in the head with the ball because he missed an easy fly ball hit to him in the field. Jamal is standing directly next to Sally in the dugout. Matt throws the baseball but hits Sally in the head instead of Jamal. What type of tort did Matt commit against Sally?

An intentional tort because even though Matt meant to hit Jamal, he still caused harm by hitting Sally.

_______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

With a pure comparative negligence defense, the plaintiff cannot sue unless the defendant is more than 25% at fault.

False

Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes.

False

Once a plaintiff proves the elements of res ipsa loquitur, the defendant will automatically lose the case against them.

False

Which of the following is true of a negligence tort?

A defendant commits a negligence tort when he is careless to someone else's detriment.

Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused?

Assumption of the risk doctrine

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

Austin has not committed an assault or a battery because he acted in self-defense.

Why has the contributory negligence defense been replaced with a comparative negligence theory in most states?

Because of situations in which a plaintiff is barred from recovery due to minimal contributory negligence.

A plaintiff in a negligence lawsuit may choose whether the plaintiff wishes pure comparative negligence or modified comparative negligence rules to be applied by the court.

False

Luann voluntarily stops to render aid to a biker on the side of the road who had been hit by a car. As Luann pulls over she partially blocks the view of oncoming cars. A car driven by Kellip hits Luann's car, further injuring the biker. If the biker sues Luann for their additional injuries, what statute might be a defense for Luann?

Good Samaritan statute.

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

Gross negligence

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

What type of tort occurs when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm?

Negligent

It is a generally accepted precaution for dentists to warn patients of risks and exercise extra caution when patients are on anticoagulants (blood thinners) and must undergo dental procedures. A dentist fails to alert a patient (who the dentist knows is on anticoagulants) of the risks of a procedure the patient is about to undergo that is dangerous to someone on blood thinners. The patient experiences near-fatal bleeding due to the procedure. The plaintiff decides to sue for malpractice but the dentist says he was unaware of the need to warn patients on blood thinners of possible risks. Is the dentist going to be successful in his defense?

No, because a professional cannot defend against a negligence suit by claiming ignorance of generally accepted principles in his or her field of expertise.

If someone is overly fearful, is that person assaulted every time he experiences apprehension?

No, because assault requires reasonable apprehension.

Peter brings in a baseball bat to hit Mary because he is mad at her. When he arrives, Mary is sleeping. He lines up the baseball bat with her head and whispers that he is about to take a swing. She does not wake up, and before he hits her, he changes his mind and quietly leaves before Mary realizes he has arrived. Mary later finds out and sues for assault. Is she successful?

No, because she was sleeping and thus not in fear or apprehension of an immediate, offensive bodily contact.

Kyla is working at her office one day when her very upset roommate Katrina calls. Katrina tells Kyla that she knows that Kyla stole her money and is sending her boyfriend Jacob to get the money back. Kyla locks herself in her office because she is fearful of Jacob. What torts did Katrina commit?

None of the above specific torts occurred.

Proving that consent occurred is a defense to battery.

True

A reporter does not like a candidate for president and he publishes a made up story about the candidate having an affair. Did the reporter commit a tort?

Yes, because the reporter acted with actual malice.