Chapter 6: Tort Law

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

D. The activity is so inherently dangerous that it cannot ever be safely undertaken.

101. Which of the following is true regarding the bank's claim that it should be able to recover under the res ipsa loquitur doctrine?

D. The bank is incorrect because the thing does not speak for itself.

63. Assuming res ipsa loquitur is established, what is the effect of that doctrine?

D. The burden of proof shifts to the defendant.

59. Why are punitive damages awarded?

D. To punish the offender and to deter others from committing similar offenses.

58. Which of the following damages are intended to reimburse a plaintiff for his or her losses?

A. Compensatory.

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

A. Reasonable person

CASE STUDY: Jeanie is hauling several containers of gasoline in her vehicle in preparation for riding her personal watercraft. On the way home, Jeanie stops at the automatic teller machine at her bank and exits her car. Holly pulls behind her and negligently rear-ends Jeanie's car. The car explodes and results in the bank building burning to the ground. The bank sues Holly for negligence claiming that Holly should have to pay for the entire bank building. The bank claimed that it should be able to recover under the res ipsa loquitur doctrine. 99. Which of the following is true regarding whether actual cause exists in the bank's action against Holly?

A. Actual causation would exist because the bank would not have been injured if Holly had fulfilled her duty to drive properly.

51. Which of the following are elements of causation?

A. Actual cause and proximate cause.

87. Millie's action in jabbing Bernard after she missed his nose, constitutes which of the following?

A. Battery.

38. Bob, who has a large trust fund, is angry at Alice because she stopped dating him. Alice ran a successful dog grooming shop but Bob decided to open a dog grooming shop next door solely to run her out of business because he was angry over the break up. Which of the following is correct?

A. Bob has committed the tort of unfair competition.

CASE STUDY: Millie breeds German Shepard dogs. Bernard, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepard. Puppies resulted which were Shepard and Corgi-plus puppies. Millie was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time, period. Understandably, Bernard and some of the other neighbors take offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back. 85. Which of the following is true regarding Bernard's shoving of Millie in the back?

A. By shoving her in the back, Bernard committed a battery.

84. 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?

A. Cindy will win.

79. Which of the following are laws holding that people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence?

A. Good Samaritan statutes.

CASE STUDY: Mike, who owns a dive shop in the U.S., decides to take a group of his customers diving in U.S. waters. Mike is aware that the area where the divers will be visiting is occasionally visited by sharks. He is also aware that, while sting rays are usually tame, they can become aggressive when fed. Mike does not reveal that information to the group of divers going with him. The divers go down into the water, and some have squid with which to feed the sting rays. During the dive, one of the sting rays becomes agitated and latches onto diver Susie's arm. Susie is so disconcerted that she drops her regulator (her breathing device) from her mouth and is in considerable difficulty. Another diver, Billy, encounters a shark which snaps at him. Fortunately, the shark does not bite him but does damage his diving equipment. He is also in distress. Mike, who is in charge of the dive, does nothing but return to the boat because the dive turned out to be more trouble than expected. Wendy, another diver on the trip, also returns to the boat without doing anything to help the divers in distress. Sam, on the other hand, goes to rescue the divers who are in distress. He manages to do so but in the process he pulls his back and requires medical care. All divers return to the boat very unhappy with Mike. 96. The diver who had damaged equipment because of the shark incident wants to sue Mike for damages. Which of the following is the most likely result?

A. He will win because Mike should have warned him about the occasional appearance of sharks.

100. Which of the following is true regarding whether Holly is the proximate cause of the bank burning?

A. Holly is not the proximate cause of the bank burning because it was not foreseeable that Jeanie would have gasoline in the back of her car that would result in the fire.

77. Which of the following occurs when a plaintiff implicitly assumes a known risk?

A. Implied assumption of the risk.

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

A. It is a French word meaning "wrong".

CASE STUDY: Maryann went to see her hair stylist, Candy. Maryann who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. 89. The defamation printed in the school newspaper would be which of the following?

A. Libel.

CASE STUDY: The state in which Susan lives has a statute prohibiting dogs running at large. All dogs are required to be on a leash whenever they are off the owner's premises. Susan's dog, while not on a leash, visits the home of a neighbor down the street. While there, the dog carries off an expensive pair of shoes belonging to Robert. The shoes are chewed and destroyed. A neighbor informed Robert of what had happened. Robert commented that he never should have left his $300 shoes lying on the deck in the first place but that he expects to be repaid by Susan. Robert found out that the dog had carried away a number of shoes and other articles in the neighborhood, chewing them to pieces. Susan did nothing to warn anyone. Robert thinks that she should be punished for her activities and perhaps that would deter her from allowing the dog to run loose. 102. Upon which of the following theories will Robert likely rely in seeking recovery for the shoes against Susan?

A. Negligence per se.

98. Which of the following is true regarding whether Wendy and Sam had a duty to come to the assistance of the divers in peril?

A. Neither Wendy nor Sam had a duty to go to the aid of the divers who were in peril.

42. _______________ 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.

A. Nominal

56. 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?

A. Proximate cause.

104. What type of damages would Robert seek in order to punish Susan and to deter her actions in regard to letting the dog run free?

A. Punitive.

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

A. Showing that the plaintiff assumed the risk of the actual harm suffered.

65. Reference the case in the text, Kambat vs. St. Francis Hospital, the case in which the plaintiff claimed that an eighteen by eighteen inch pad was left inside a patient while the defendant claimed that the patient had swallowed the pad. Which of the following was a holding of the court in regards to the doctrine of res ipsa loquitur?

A. That to rely upon res ipsa loquitur, plaintiff need not conclusively eliminate the possibility of all other causes of the injury.

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

A. 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.

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

A. To allow the judge and 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.

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

A. Tortfeasor

95. What action would William have against Annette for taking the rake?

A. Trespass to personal property.

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

A. With actual malice

97. Billy and Susie are annoyed that Mike did not come to their assistance. Which is true regarding Mike's duty to provide assistance during the dive?

B. Mike had a duty to come to their aid because he arranged the dive and was charging them.

80. 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?

B. A superseding cause.

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

B. Assault

75. 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?

B. Assumption of the risk doctrine.

71. Assume Bobby begins to cross the street. He 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?

B. Bobby will be able to recover despite proof of contributory negligence on his part because Slick had a final clear opportunity to avoid the action that injured Bobby.

103. Which of the following theories will Susan likely use to defend herself?

B. Comparative negligence.

94. What claim would William have against Annette for taking the lawn chair?

B. Conversion.

76. 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?

B. Express assumption of the risk.

70. Which of the following is a doctrine that 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?

B. Last-clear-chance doctrine.

49. 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.

B. Malpractice.

67. 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?

B. Negligence per se.

91. Statements made by Maryann to her friends that were defamatory of Candy are what type of defamation?

B. Slander.

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

B. Tina has a duty to come to the aid of Susie because she negligently hit her.

21. Which of the following is true regarding tort litigation?

B. Tort litigation has been declining slightly since 1990.

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

C. Negligence in or of itself.

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

C. Actual cause.

53. Which of the following is the determination that the defendant's breach of duty resulted directly in the plaintiff's injury?

C. Apparent cause.

86. Millie's threat to punch Bernard in the nose constitutes a[n] ____________:

C. Assault

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?

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

50. The violation of a duty of care is called _______.

C. Breach of duty

52. Actual cause is also known as _________.

C. Cause in fact

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

C. Dynamite blasting in a populated area.

57. In most states, proximate cause is determined by __________.

C. Foreseeability

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

C. Intentional

22. Which of the following are common classifications of torts?

C. Intentional, negligent, and strict-liability.

44. 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?

C. It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care.

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

C. Legal cause.

92. As far as the statements made to her friends are concerned, which of the following is true in regards to Maryann's statement that Candy cannot recover because Candy has not suffered a loss of income?

C. Maryann is incorrect because her statements constituted slander per se.

74. 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?

C. Modified comparative negligence.

CASE STUDY: Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides that she wants to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake. 93. William is not happy about the farm animals and the loud music. Which of the following would be the most appropriate cause of action against Annette?

C. Private nuisance.

43. ___________ damages are damages awarded to punish the defendant.

C. Punitive

47. While driving her car down the street, Susan sees a child playing near the road with no adult around. Which of the following is most likely true in a given jurisdiction?

C. She has no duty to render assistance to the child.

81. Which of the following is liability without fault?

C. Strict liability.

31. 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?

C. The Communications Decency Act of 1996.

19. Which of the following is a tort?

D. A wrong or injury to another, other than a breach of contract.

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.

D. Absolute

39. Which of the following is true regarding the tort of fraudulent misrepresentation?

D. All of the above. A party who makes fraudulent misrepresentations must intend that other parties rely upon the misrepresentations, The injured party must have reasonably relied upon the misrepresentations., The inured party must have suffered damages because of reliance upon the misrepresentations.

36. Under which of the following situations does the tort of trespass to realty occur?

D. All of the above. A person causes an object to be placed on the land of another without the landowner's permission, A person stays on the land of another when the owner tells him to depart, A person refuses to remove something he placed on the property that the owner of the property asked him to remove.

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

D. Attorney fees.

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

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

68. Which of the following is true regarding contributory negligence?

D. It was once available in all states but has been replaced in some states by the defense of comparative negligence.

90. As far as the editorial is concerned, which of the following in true in regards to Maryann's statement that Candy cannot recover because she cannot show loss of income?

D. Maryann is incorrect because general damages would be presumed.

24. _____ torts occur when the defendant acts in a way that subjects other people to an unreasonable risk of harm.

D. Negligent

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

D. Politicians and entertainers.

73. 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?

D. Pure comparative negligence.

61. Which of the following is a doctrine that has been adopted by courts to aid plaintiffs in establishing negligence claims?

D. 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?

D. Robby's conduct does not constitute an assault because there is no question of immediate bodily harm.

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

D. Slander of title

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

D. That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and also that the plaintiff's failure was a contributing cause to the plaintiff's injuries.

64. Which of the following is true regarding the law of negligence in Germany?

E. Courts distinguish between conscious and unconscious negligence with defendants who have engaged in only unconscious negligence being found not guilty.

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

E. Duty, beach of duty, causation and damages.

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

E. Gross negligence

88. Assuming that Millie sues Sally, what would be the most likely result at trial?

E. Sally will not be convicted of anything because she was acting in the defense of others.

25. ________ 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.

E. Strict-liability

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

E. Truth and privilege.

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

Torts against persons, property, economic interests. D. All of the above.