torts midterm
the same as that owed to any public invitee
A landholder leases property to BigBoxStore. On the first day of business, a customer exiting BigBoxStore trips, falls, and sustains injuries. The landholder owes what level of care to the customer?
business visitor
A landholder rents an apartment. The tenant is owed the same duty of care, under common law, as that owed to a
seeks contribution from the other defendants
A trio of defendants is found liable in negligence for causing injury to plaintiff. One of the defendants pays the entire award in damages, then
Attempted unconsented to physical contact
Assault is best defined as:
Can be liable for negligence if engaged in an adult activity. Is presumed incapable of negligence, but the presumtion can be rebutted by showing that the child had exceptional capacity.
A child between the ages of seven and fourteen:
equality rule
A court has determined that the Dempsey Partnership was liable for causing the plaintiff's injuries. At the time of the accident, Les Dempsey was out of the country. The court determined that Les was liable for 10% of the damages award, while the other two partners were each liable for 45% of the damages award. This is an example of the
whether the defendant could have reasonably foreseen that plaintiff could suffer injury
A court might assess evidence on the issue of proximate causation by determining what?
tort
A defendant who has been found to be liable and who is ordered by a court to pay damages has committed a
comparative negligence
A jury returns a verdict finding the defendant liable for 80% of plaintiff's injuries, and the plaintiff, for 20%. Plaintiff recovers 80% of the amount in damages only under the doctrine of
the landholder does not know that the licensee is on landholder's property
A landholder has a reasonable duty of care towards a licensee except when
Placing armed guards outside the victim's room while she is asleep and without her knowledge.
Which is NOT an example of confinement as an element of false imprisonment?
Aspersion
Which of the following is NOT a type of invasion of privacy?
that of a reasonable person
A person with impaired hearing attempts to cross a busy street using a crosswalk. A taxicab driver's line of sight is blocked by a truck and hits the person. The duty of care that the cab driver owes to the person is
enacted a survival statute
A plaintiff dies in a fiery automobile accident caused by the defendant. For the family of the plaintiff to have a valid claim in negligence against the defendant, their home state needs to have
assumption of the risk
A plaintiff knows that the wheel bearing of the front tire of the plaintiff's bicycle is failing but nonetheless decides to go for a bike ride. The bearing fails and plaintiff swerves into on-coming traffic and gets hit. The driver will use which defense to escape liability?
"avoidable consequences"
A plaintiff who fails to seek immediate medical assistance, after an accident, so that the plaintiff's injuries require more medical care may see a reduction in the amount of damages because of the doctrine of
act of god
A river overflows its banks, flooding the basement of a nearby house. To avoid liability, the carrier of the flood insurance policy for the house most likely will claim that since the river had never before flooded, this involved
an opinion
A statement will not be a valid basis for an action in defamation if it is
act of god
A strong wind gust blows through the doors to a warehouse-style store. It knocks over paint cans kept on an upper level shelf, one of which hits the plaintiff. The store's best argument for escaping liability would be to
trespasser
An action for premises liability often will turn upon the question of whether the landholder owed the plaintiff a duty of care and breached that duty. Under the common law, the landholder will not be liable if the plaintiff is a
use the doctrine of res ipsa loquitur
An airplane crashes into a barn, killing the livestock inside. The farmer sues the pilot and the owner of the plane to replace the livestock but the pilot is in a coma and cannot testify. To win, farmer most likely will
equality rule
Aleph and Yod were found equally liable for causing injury to the plaintiff. They will have to divide the responsibility for paying damages if the state where the accident occurred has adopted the
skill and age
Among other things, to determine the duty of care owed, a court will look at the defendant's
nominal damages
Defendant is found liable for negligence, but the jury says that plaintiff is entitled only to recover one dollar. That means that plaintiff will recover
driver acted with willful, wanton and reckless conduct
By claiming the protections provided under a guest passenger statute, driver hopes to escape liability for injuries caused to a guest because of an automobile accident where the driver was in control of the automobile at the time of the accident. Since driver was providing transportation for the guest for free, driver claims that liability arises only if
assumption of the risk
Because of a big snowstorm, a group of people decide to go sledding, using giant innertubes. On the first run down a steep hill, the plaintiff slides farther than expected, into a parking lot, and hits a car, thereby getting injured. Which doctrine will bar any recovery for the injured plaintiff?
shifted to defendant the burden to rebut plaintiff's case
By meeting the burden of proof, the plaintiff has
appropriation
If a celebrity's face is put on a box of cereal, implying that the celebrity endorses the cereal, but the celebrity did not consent to the use of the celebrity's image, then the celebrity likely has an action in tort of the type of invasion of privacy known as
reasonable
If a child strays onto landholder's property, without permission, has an accident and is injured, what duty of care did the landholder owe to the child?
loss of consortium
Damage awards may vary statutorily from jurisdiction to jurisdiction. If defendant is claiming damages due to a loss of companionship and affection, then the defendant has most likely based recovery under a theory of
the shopkeeper's privilege
Defendant in a tort claim for false imprisonment has the best available defense in the form of
writ
If a court issues an order that contains routine language which has been modified a little to fit specific facts, then the court has issued a
the doctrine of res ipsa loquitur
During surgery, a sponge is accidentally left inside the plaintiff. Only through a second surgery to remove the sponge does the pain and suffering that the plaintiff experiences end. Yet during the trial, not one of the six people in the original surgical team admitted to leaving the sponge. For that reason, the defendant, a hospital that employed the surgical team, requests for a judgment in its favor because the plaintiff could not establish who among the surgical team actually left the sponge inside of the plaintiff. Plaintiff will most likely succeed by asking the court not to grant that request because of
the court will presume Dana incapable of negligence, unless it is shown that she had exceptional training or skill for a child her age
Eleven year-old Dana is riding a bicycle fast, along a road, then suddenly turns, hitting and injuring another bicyclist. When that person sues Dana for damages, the court, applying Mississippi law, will use which standard of care to determine whether Dana breached a duty of care?
that of a reasonable person
If a defendant has been adjudged to be insane, then what is the standard of care that defendant must practice?
crime
If a judge finds a defendant liable and requires the defendant to report to prison, then the defendant has committed
a
Explain Mississippi's Good Samaritan Rule. Your Answer: A doctor or a nurse acting in an emergency are somewhat protected from negligence. The doctor or nurse must be acting in good faith. The law understands that conditions outside of a hospital are different.
licensee
Family members, on landholder's property, who are attending a birthday party, accidentally get injured due to a danger that the landholder knows exists on the property. The landholder's standard of care owed to the family members is that owed to a
joint and several liability
If a plaintiff claims that three defendants are liable for the plaintiff's injuries, but one dies before trial, the plaintiff could recover damages from the other two defendants because of
tort
If a plaintiff establishes a defendant's liability by a preponderance of the evidence, then the plaintiff has demonstrated that the defendant has committed a
Licensee
Gary is a door to door salesman. When he goes to Alicia's house to make a sales call, he slips on a roller skate on her front porch. For purposes of premises liability, Gary would be classified as a(n):
Negligence
Generally speaking, all of the following are elements of intentional torts EXCEPT:
Invitee
Hilary walked into a grocery store to buy some groceries. As she was walking down the refrigerator aisle, she slipped on some spilled milk and fell. For purposes of premises liability, Hilary would be classified as a(n):
a guest passenger statute
If the passenger of an automobile is injured in an accident and sues the driver, then the passenger will win only by showing that the driver engaged in willful, wanton and reckless conduct. So in that state, it seems clear that there is
contributory negligence
If the plaintiff is found 5% liable for the damages that arose out of an accident that involved the defendant, and the plaintiff cannot recover any damages, then this is because of the doctrine of
"knowledge of peril"
If the plaintiff knew of a danger, but failed to prevent injury, then what doctrine could bar recovery under a doctrine of contributory negligence?
an unforeseeable plaintiff
In the famous Palsgraf case, the court characterized the plaintiff as
Conduct that's purpose is to injure or harm.
Intentional torts may best be described as:
conversion
Interference with the possession of the property is to trespass to chattels as interference with the control of the property is to
of the doctrine of attractive nuisance
Landholder has an in-ground pool dug on landholder's property. An uninvited neighborhood child trespasses on the property to examine the pool and is accidentally injured after tripping and falling down the steps of the pool. The landholder will seek to avoid liability but will actually be held liable because
licensee
Landholder hires an independent contractor to mow the overgrown lawn on landholder's property. The duty of care that the landholder owes to that independent contractor is that owed to a
oral statement
Libel is to a written statement as slander is to a
false
Mary says to Beth, "I know that you are cheating on your boyfriend with two different guys." Beth is not actually cheating on her boyfriend with anyone. This is an example of slander.
assault battery transfer of intent
Nicki takes a swing at Cindy. Cindy ducks just in time and Nicki ends up hitting Kerry. This is an example of:
was inattentive
One of the ways that the last clear chance doctrine can apply to the benefit of the plaintiff is when the plaintiff
damages
Part of the purpose of tort law is to undo the effects of a defendant's tortious conduct. To that end, courts award
Trespasser
Paul walked onto a roped off construction site after working hours. For purposes of premises liability, he would be classified as a(a):
the railroad failed to exercise due care since it did not install a gate the likelihood of injury was very great
Railroad tracks cross a street. The railroad company has not erected a gate at the crossing because the line is so infrequently used. One night, a train hits the trunk of a car that was just clearing the crossing. At trial, the railroad argues that the likelihood of injury was so slight that it had no responsibility. By arguing that the railroad engaged in willful, wanton, and reckless conduct, the plaintiff needs to show that
s
State Mississippi's rules regarding a child's liability for negligence. Your Answer: If the child is under the age of 7, he or she is not capable of negligence and can not be rebutted. If a child is between ages 7 and 14, he or she is incapable of negligence unless it is proven that he or she had capacity. For example if a child does something he or she knows he or she is not allowed to do and it causes damages, he or she will be held liable. If a child is over the age of 14, he or she is capable of negligence and is held to a duty of that of a "reasonable" child of the same age and intelligence. However, if the child is engaged in adult activity, such as driving, he or she is held to the same duty as an adult.
will involve at least a claim of negligence per se
State law requires all children who ride on school buses use seat belts. A bus without seatbelts is transporting schoolchildren home when it gets involved in an accident. Any litigation arising out of this accident
No intentional torts have occurred.
Stephanie was walking to class in a crowded hallway when the fire alarm sounded. Most of the students remained calm, but a few panicked. One girl, in her haste to escape the building, accidentally ran into Stephanie, knocking her to the ground. Which, if any, intentional torts have occurred?
claim that the cap applies for each child's claim and not for all the children
The State of New Vermont has enacted a cap on the amount of damages a plaintiff can recover for a death arising due to negligence. The head of a family dies in a car accident that occurred only because of the negligence of the defendant. The children of the family sue for damages due to the loss of affection and support from the deceased head of the family. The best strategy for the children to use to avoid the limitation of the cap is to
assumption of the risk
The defendant rents out equipment to go windsurfing. The plaintiff signs a release indicating that the plaintiff understands that windsurfing involves a risk of injury, and goes out on the water. A sudden gust of wind causes the boom of the sail to come around and hit the plaintiff so hard as to break several of the plaintiff's ribs. If the plaintiff sues the defendant, the plaintiff will lose because of the doctrine of
saying that they had no knowledge of the peril from the mended "corner"
The defendant rents out inflatable bounce houses. The defendant has repeatedly mended a "corner" of a bounce house, where rips and tears have occurred due to frequent use. The repairs are not visible. Parents rent it for a child's birthday party, inflate it and set it up in their backyard. Children bounce around inside, but one hits the mended "corner", pushes through, and gets injured after hitting the ground. When that happened, the parents had been in their kitchen, getting cake and ice cream. When the parents of the injured child sue the defendant for damages for the child's injuries, the defendant claims that they were contributorily negligent. The parents of the injured child will defeat the claim of contributory negligence by
whether the property was real property or personal property
The difference between trespass and trespass to chattels is
that of a prudent person
The duty of care owed, in general, is
prove that defendant engaged in willful, wanton and reckless conduct
The easiest way to establish the gross negligence of a defendant is for plaintiff to
trespasser
The level of care that a landholder owes to a licensee regarding a danger that the landholder does not know exists on the property is the same as that owed to a
implied consent to assumption of the risk
The plaintiff decides to go alpine skiing. The plaintiff signed no waiver regarding the risks involved in skiing. When the plaintiff hits a tree and suffers severe injury, the plaintiff sues the ski resort. The plaintiff will still not be able to recover under a theory of
face liability because of joint and several liability
The parents of two sets of children, in a group of kids, offers to serve as chaperones on a field trip. During the trip, the parents lose sight of one of the children, who is subsequently injured in an automobile accident. Besides basing a claim of negligence against the driver of the automobile, the injured child's legal guardian brings suit against the chaperones on the grounds of negligence. In denying liability, each set of parents said that the other parents had responsibility for the child. Both
comparative negligence
The plaintiff is not paying attention and walks into an open elevator shaft. The plaintiff will be able to recover for some of the plaintiff's damages under a theory
contributory negligence
The plaintiff is walking past a busy motorcycle club bar. Momentarily distracted, the plaintiff walks into a motorcycle, which falls on the plaintiff and which results in several broken bones. When the plaintiff sues the motorcycle club bar, the plaintiff will lose if the state where the accident happened recognizes the doctrine of
statutes
The product of legislative action involving tort law is/are
question of fact question of law
Whether a cause of action exists for negligence per se will involve
a question of fact
Whether a defendant's willful, wanton and reckless conduct caused injury to the plaintiff involved
common law
The single most significant source of today's tort law is
accidents will happen
The tort of negligence exists because
was exercising reasonable care
To avoid a bar from recovery due to contributory negligence, the plaintiff needs to show that the plaintiff
show, by a preponderance of the evidence, that the defendant breached a duty of care
To establish defendant's liability, the plaintiff has to
ordinary care
To hold a defendant liability for negligence, the plaintiff will need to show, by a preponderance of the evidence, that defendant failed to exercise
true
Truth is a defense to a lawsuit based upon libel or slander.
comparative negligence
Under what theory of recovery can the plaintiff's negligence lead to a reduction in the damages but not a complete bar?
assumption of risk doctrine
Under which of the following would the plaintiff need to know of the dangers of alpine skiing, who still goes skiing and suffers injury but when bring suit against the ski resort, will not be able to recover?
legal treatises
What kind of authority could a paralegal consult to gain insight into the meaning of a law?
contributory negligence
When a plaintiff's inattention lead to the defendant's accidental injuring of the plaintiff, the defendant will be able to avoid liability under the doctrine of
Telling some of your friends that you know that another friend has an eating disorder, when she does in fact have an eating disorder.
Which of the following is the best example of Public Disclosure of Private Facts?
Calling a friend and spreading an untrue rumor about another student.
Which of the following the the best example of slander?