Chapter 5 BLAW

Transferred

Under the __ intent doctrine, the law transfers the perpetrator's intent from the target to the actual victim of the act

Intentional torts, negligence, and strict liability

Which of the following are the three categories of torts?

Unintentional negligence

Which of the following is NOT a defense against negligence

Commercial denunciation

Which of the following is NOT a recognized term for a false statement about a competitor's products, services, property, or business reputation?

Intent

Which of the following is NOT a required element of a negligence lawsuit?

The wrongdoer was a casual (i., a non-merchant) seller

Which of the following is NOT a required element of fraud?

The defendant made the statement without intent to injure the plaintiff

Which of the following is NOT an element required to prove disparagement?

Libel; slander

A false statement that appears in writing or other fixed medium is __, while an oral defamatory statement is __

The point along a chain of events where the negligent party can no longer be held liable

After Michael Carneal shot his fellow students, the U.S. Court of Appeals ruled that the producers of violent video games and movies -- those that Michael watched prior to committing the shooting -- could not be held liable because they were not the proximate cause of Michael's actions. What is proximate cause?

Failing to block accidental access to the pole hole in the firehouse

In Jones v. City of Seattle, the court ruled in favor of Jones and found the city liable under negligence. What was it negligent of?

Proximate cause

In Palsgraf v. The Long Island Railroad Company, Justice Cardozo said that "proof of negligence in the air, so to speak, will not do." What issue is this quote addressing?

Negligence

McDonalds failing to warn its patrons that the coffee they serve is exceptionally hot is an example of which of the following?

Privillege

Merchant protection statutes are also known as the shopkeeper's __

Publicity

Misappropriation of the right to __ is an attempt by another person to appropriate a living person's name or identity for commercial purposes

Attractive nuisance

The __ doctrine is a special tort rule that imposes liability on a landowner to children who have trespassed onto his or her property with the intent to play on a hazard and are killed on injured while doing so

Ordinary

The doctrine of unintentional tort is commonly referred to as __ negligence

Foreseeability

The general test of proximate cause is __

Privacy

The law recognizes each person's right to live his or her life without being subjected to unwarranted and undesired publicity. A violation of this right constitutes the tort of invasion of the right to __

Negligence per se

The violation of a statue that approximately causes an injury is __

Wrong

Tort is the French word for a __

Intentional infliction of emotional distress

Which of the following torts is also referred to as the tort of outrage?

Actual

__ cause is also called causation in fact

Proximate

__ cause is also called legal cause

Assumption of the risk

__ is a defense that a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury

Contributory negligence

__ is a doctrine that says that a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant

Res ipsa loquitur

__ is a tort in which the presumption of negligence arises because the defendant was in exclusive control of the situation, and the plaintiff would not have suffered injury but for someone's negligence

Assault

__ is the threat of immediate harm or offensive contact, or any action that arouses reasonable apprehension of imminent harm

Battery

__ is unauthorized and harmful or physical contact with another person that causes injury

:Gross; are

__ negligence is a doctrine that says that a person is liable for harm that is caused by his or her willful misconduct or reckless behavior; in such a case, punitive damages __ allowed

A Good Samaritan Law; ordinary

__ relieves medical professionals from liability for __ negligence when they stop and render aid to victims in emergency situations