Chapter 6 Torts and Strict Liability
Jessica files a frivolous lawsuit against Thomas claiming emotional distress because he plucked flowers from her garden without her permission. The judge exonerates Thomas. Thomas can now sue Jessica for malicious prosecution.
TRUE
John watches his brother being killed in a road accident. The perpetrator was driving under the influence of alcohol. John can recover damages for negligent infliction of emotional distress for the mental trauma he suffered from watching his brother die.
TRUE
The violation of a statute that proximately causes an injury is termed as negligence per se.
TRUE
Under the doctrine of strict liability, bystanders who are injured by a defective product are entitled to the same protection as the product's consumers.
TRUE
Assumption of the risk is a defense a defendant can use against a plaintiff who knowingly and voluntarily participates in a risky activity that results in injury.
TRUE
Direct physical contact, such as intentionally hitting someone with a fist, is considered battery.
TRUE
Disparagement is an untrue statement made by one person or business about the products, services, property, or reputation of another business.
TRUE
If a nurse administers CPR to save the life of a dying man and negligently injures the man's arm in the process, the nurse cannot be sued as he or she is protected by Good Samaritan statutes.
TRUE
If the defendant's act caused the plaintiff's injuries, there is causation in fact.
TRUE
In a lawsuit for malicious prosecution, the original defendant sues the original plaintiff.
TRUE
Intentional misrepresentation occurs when a wrongdoer deceives another person out of money, property, or something else of value.
TRUE
The term ________ refers to a defense that says a person who is injured by a defective product but has been negligent and is partially responsible for his or her own injuries cannot recover from the defendant.
contributory negligence
If a magazine publishes a false statement about a public personality, it is liable for invasion of the right to privacy.
FALSE
A pedestrian trips and falls on a poorly lit sidewalk in front of Kate Geller's house and is injured. If the pedestrian sues for damages, which of the following parties would most likely be liable to pay the damages?
Kate Geller
________ is the violation of a statute that proximately causes an injury.
Negligence per se
A threat of future harm or moral pressure is not considered false imprisonment.
TRUE
If a plaintiff is injured, the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.
TRUE
The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed ________.
the duty of care
________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.
A Good Samaritan law
Which of the following statements is true of the tort of assault?
Actual physical contact between plaintiff and defendant is not necessary.
________ refers to a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.
Contributory negligence
A bystander who suffers severe emotional distress on witnessing a heinous crime can claim damages for intentional infliction of emotional distress.
FALSE
Which of the following statements is true about strict liability?
It is liability without fault.
________ is the liability of a professional who breaches his or her duty of ordinary care.
Professional malpractice
Which of the following actions would make Sarah liable for battery?
She slaps her ex-husband because he denied her alimony.
Statutes often establish duties owed by one person to another.
TRUE
The threat of immediate harm or offensive contact is termed ________.
assault
Libel and slander constitute ________.
defamation of character
Which of the following instances depict the tort of outrage?
A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress.
Allenby Spares, Inc. is a shop that sells spare automotive parts from various manufacturers. A customer buys a faulty brake manufactured by TurboDiezel, Inc. from Allenby Spares and is involved in an accident due to the use of the faulty brake in his vehicle. Which of the following is true in this situation?
Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain.
Explain the torts of appropriation and invasion of the right to privacy with examples.
Any attempt by another person to appropriate a living person's name or identity for commercial purposes is actionable. The wrongdoer is liable for the tort of misappropriation of the right to publicity (also called the tort of appropriation). For example, if an advertising agency places Megan Fox's photo on a billboard advertising a product without Megan Fox's permission, it has engaged in the tort of misappropriation of the right to publicity. 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 privacy. If a fact is public information, there is no claim to privacy. Secretly taking photos of another person with a cell phone camera in a men's or women's locker room would constitute invasion of the right to privacy.
Which of the following statements is true of battery?
Assault and battery often occur together.
How is assault different from battery?
Assault is (1) the threat of immediate harm or offensive contact or (2) any action that arouses reasonable apprehension of imminent harm. Actual physical contact is unnecessary. Battery is unauthorized and harmful or offensive physical contact with another person that causes injury. Direct physical contact, such as intentionally hitting someone with a fist, is battery. Indirect physical contact between the victim and the perpetrator is also battery, as long as injury results.
________ is a defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.
Assumption of the risk
A doctrine under which damages are apportioned according to fault is known as ________.
comparative negligence
Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular. The pacemaker is manufactured by Benford, Inc. In this case, Dr. DeBenedetto, the surgeon, is considered as the dominant element. In the event that the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure?
Benford, Inc.
Bertha, a surgeon, performed a kidney transplant on one of her patients. The surgery was not successful and the patient did not survive. Which of the following statements is true in this case?
Bertha cannot be held strictly liable as she was providing a service.
Betty buys a lawnmower, manufactured by FlatPlanes, Inc., from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. Which of the following remedial actions is Betty entitled to?
Betty can sue either Harvey's department store or FlatPlanes, Inc. for strict liability.
Which of the following is true about the duty of care?
Breach of the duty of care is not actionable unless the plaintiff suffers personal injury or injury to his or her property.
A lawyer who fails to file a document with the court on time, causing the client's case to be dismissed, is liable for legal malpractice.
TRUE
Actual physical contact is not necessary for a tort to be considered an assault.
TRUE
________ is the making of false statements about a competitor's products, services, property, or business reputation.
Disparagement
When and how can a plaintiff claim damages if the defendant has breached a duty of care?
Even though a defendant's negligent act may have breached a duty of care owed to the plaintiff, this breach is not actionable unless the plaintiff suffers injury or injury to his or her property. That is, the plaintiff must have suffered some injury before he or she can recover any damages. The damages recoverable depend on the effect of the injury on the plaintiff's life or profession.
A doctor driving on the wrong side of the road crashes into an eight-year-old boy riding a bicycle. Fearing the consequences, the doctor flees without reporting the accident or giving first-aid to the boy. The doctor is liable for professional malpractice.
FALSE
Assault and battery are mutually exclusive torts that do not occur together.
FALSE
Causation in fact refers to a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.
FALSE
Comparative negligence is a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.
FALSE
If a defendant makes an untrue statement of fact about the plaintiff and the statement was intentionally or accidentally published to a third party, the defendant is held liable for misappropriation of the right to publicity.
FALSE
If a newspaper review calls a commercially successful actor talentless, it is liable for defamation of character.
FALSE
If a shoplifting suspect is detained for an unreasonably long time and is found to be innocent, the merchant is liable for the tort of malicious prosecution.
FALSE
Malicious prosecution is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.
FALSE
Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality or situation that caused his or her own injury.
FALSE
Res ipsa loquitur is a tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care.
FALSE
Res ipsa loquitur switches the burden to the plaintiff to prove that the defendant was negligent.
FALSE
Strict liability applies to services but not products.
FALSE
The doctrine of strict liability holds the manufacturers of a defective product solely liable for injuries caused by that product.
FALSE
The reasonable person standard is a test used to determine whether a tort is intentional or unintentional.
FALSE
Disparagement refers to the liability of a professional who breaches his or her duty of ordinary care.
FLASE
If a person did not have knowledge that his representation of facts was false, he is still liable for fraud.
FLASE
If a woman is informed of her husband being run over by a bus the previous night, she can recover damages for negligent infliction of emotional distress.
FLASE
A(n) ________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.
Good Samaritan law
Monica told a prospective patient that a certain cosmetic surgeon had been banned from practicing by the American Medical Council, but this is untrue. Is Monica liable for prosecution? Why?
Monica is liable for prosecution for defamation of character. The tort of defamation of character requires a plaintiff to prove that: The defendant made an untrue statement of fact about the plaintiff. The statement was intentionally or accidentally published to a third party. In this context, publication simply means that a third person heard or saw the untrue statement. It does not require appearance in newspapers, magazines, or books.
George, Jerry, and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during take-off. The airline is sued by all three together for injuries caused, and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages?
Jerry, a football player who earns $2 million a year
Jessica is babysitting Kyle one afternoon when Kyle starts bleeding from his nose. Jessica manages to stop the bleeding and rushes out to the nearest pharmacy-three miles away-to get medication for him. While doing so, she locks the house from outside and asks Kyle not to leave the house till she returns. The only way he can get out of the house is by breaking a window. Due to a roadblock on her way back, Jessica is delayed by an hour. Which of the following statements is true in this case?
Jessica is not liable for prosecution for an intentional tort.
Martin wins a car in a lottery. As he already owns a car, he decides to sell the new one to his friend Ted. While driving the car, Ted gets into a head-on collision with another car. Due to a defect in the vehicle's Supplemental Restraint System (SRS), the airbag does not deploy and Ted is seriously injured. Which of the following statements is true of this situation?
Martin cannot be held strictly liable as the sale of the car counts as a casual transaction.
A defendant who has not been negligent but who is made to pay a strict liability judgment can bring a separate action against the negligent party in the chain of distribution to recover its losses.
TRUE
A homeowner is liable for negligence per se if he or she fails to repair a damaged sidewalk in front of his or her home and a pedestrian who trips on the unrepaired sidewalk is injured.
TRUE
________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.
Proximate cause
________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.
Res ipsa loquitur
________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.
Strict liability
________ refers to an attempt by another person to take over a living person's name or identity for commercial purposes.
The tort of appropriation
Ruggers is a maker of a range of highly popular cruise motorcycles. Tim buys a Ruggers motorcycle from a dealership and suffers an accident. While recuperating from his injuries, he learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two years, owing to a previously unknown defect in their braking systems. Tim brings a product liability lawsuit against the motorcycle manufacturer and claims $50,000 in damages. The defect in the motorcycle is found to be half responsible for the accident, while Tim's own negligence of traffic rules contributed to the rest. Under the doctrine of contributory negligence, what would be the ruling of the court hearing this case?
Tim cannot recover any damages from the motorcycle manufacturer.
________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.
Unintentional tort
The ________ refers to all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction.
chain of distribution
What is meant by "causation in fact"?
a defendant's negligent act that caused the plaintiff's injuries
According to the doctrine of strict liability, which of the following parties is strictly liable for injuries caused by a defective product?
all parties in the chain of distribution
John Harley was on his way home when an assailant stopped his car and threatened to physically harm him. John can sue the assailant to recover damages for ________.
assault
Harvey was at his college reunion where he noticed Raymond, his former roommate. Harvey and Raymond did not get along well at the reunion. Offended by something Raymond mentioned, Harvey punched him in the face and broke his jaw. Harvey is liable for ________.
battery
Unauthorized and harmful or offensive physical contact with another person is called ________.
battery
Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________.
disparagement
Which of the following is an intentional tort?
disparagement
A failure to exercise care or to act as a reasonable person would act is a breach of the ________.
duty of care
The intentional confinement or restraint of another person without authority or justification and without consent is called ________.
false imprisonment
Michael wanted to try out his new hand gun. He set up a target in his back yard for firing practice. Stella's house, which is located on the lot directly behind Michael's property, happened to be directly in the line of fire. Michael's first shot missed the target and the bullet crashed through Stella's kitchen window, striking and seriously injuring her. Which of the following legal theories would be best for Stella's attorney to use in a lawsuit against Michael?
gross negligence
Sending an objectionable telegram to a third party and signing another's name constitutes the tort of ________.
intentional misrepresentation
False statements that appear in a letter, newspaper, magazine, book, photograph, movie or video are ________.
libel
A civil action lawsuit in which the original defendant sues the original plaintiff for damages is known as ________.
malicious prosecution
One student actor wins a part in a play over another student actor. To get back at the winning student, the rejected student files a lawsuit against the winning student alleging intentional infliction of emotional distress, defamation, and negligence. The jury returns a verdict exonerating the defendant. The defendant is now entitled to sue the plaintiff for ________.
malicious prosecution
A tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care is ________.
negligence per se
Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother's arms, leaving her traumatized. The court hearing the case rules that Martha's son was not responsible for the accident. Martha can sue the person who killed her son to recover damages for ________.
negligent infliction of emotional distress
A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red "Do Not Walk" sign. The jury finds that the driver was 80 percent responsible for the accident and the jaywalker was 20 percent responsible. The pedestrian suffered $100,000 in injuries. If the state in which this case is heard adopts the doctrine of contributory negligence to interpret such cases, the pedestrian is entitled to recover ________.
no damages from the driver
Which of the following torts constitutes battery?
poisoning a person's drink
If a lawyer fails to file a document with the court on time, causing his client's case to be dismissed, he would be liable for ________.
professional malpractice
The tort of defamation of character requires a plaintiff to prove that the defendant ________.
published an untrue statement of fact about the plaintiff to a third party
Gary Govetty is a famous movie star. A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years. Gary can sue his ex-girlfriend for ________.
slander
Throwing a lit match on the ground in the forest and causing a fire is a breach of ________.
the duty of care
In order to claim damages for negligence per se, the plaintiff has to prove that ________.
the plaintiff was within a class of persons meant to be protected by the violated statute
Which of the following best describes the tort of battery?
unauthorized and harmful or offensive physical contact with another person that causes injury
