7A Daily Double

Intentional torts involve voluntary acts that harm the public at large.

False

Libel is the spoken form of the tort of defamation.

False

Res ipsa loquitur requires a showing that the incident happened due to the defendant's negligence.

False

Slander generally requires a showing of actual harm.

False

To establish a successful negligence claim, a plaintiff must establish that the defendant intentionally breached a duty of due care to the plaintiff.

False

Victims of negligence in a product liability case can bring actions against only manufacturers of the defective product.

False

A full warranty requires free repair of any defect.

True

According to the comparative negligence defense, a plaintiff's recovery is reduced by a percentage equal to the percentage of the plaintiff's fault in the case.

True

Conversion is the situation in which a serious and extensive interference with someone's personal property is impaired because of some tortious interference.

True

Falsely claiming that a competitor's product is defective or harmful might constitute injurious falsehood.

True

In many states, a plaintiff who willingly enters a dangerous situation and is injured will be barred from recovery even if the dangerous condition is not his fault.

True

Puffing is an opinion expressed by the seller and generally does not create an express warranty.

True

Raising one's hand as if to strike another even though the blow never transpires constitutes the tort of assault if the victim reasonably thought herself to be in immediate danger.

True

Strict liability does not require proof of the defendant's negligence.

True

The risk-utility test holds that a product is negligently designed if the benefits of a product's design are outweighed by the risks that accompany that design.

True

Torts are civil wrong that arise form the defendant's breach of duty that causes an injury to a particular person.

True

Under strict liability, coverage generally extends to personal injuries and property damage.

True

Which of the following statements is true of the tort of negligence?

a. A party's carelessness rather than his intent causes another to suffer an injury.

Which of the following is not necessary to establish the tort of slander?

b. The victim's emotional well-being is harmed.

An intentional invasion of a person's solitude is labeled a(n) __________ if it would be highly offensive to a reasonable person.

b. intrusion

Which of the following describes the tort of nuisance?

c. Nuisance arises when someone is unable to enjoy her land because of some tortious interference.

Intentionally causing another to reasonably believe that he or she is about to be the victim of a battery is a(n) _____.

c. assault

Intentionally touching another in a harmful or offensive way without legal justification or the consent of the other person is a(n)_________.

c. battery

Which of the following is an intentional tort directed against a person's property?

d. injurious falsehood or trade libel

The residents of a suburban region are unable to enjoy fresh air due to the foul smell coming from an unauthorized tannery located nearby. In this case, the owners of the tannery can be sued for _____.

d. nuisance

A description of goods which is made part of the basis of a bargain creates an implied warranty that the goods shall conform to the description.

False

A warranty is simply a non-contract-based guarantee.

False

Which of the following statements is not true of intentional infliction of emotional distress?

a. Testimony from a mental health professional is the only requirement needed to recover damages.

When an individual's name or image is wrongfully used without permission for commercial purposes, it is called a(n)

a. misappropriation of one's name or likeness

Michael, the owner of a dry-cleaning store, refuses to return an expensive tuxedo to his customer Daniel. He keeps the tux for a day as he mistakenly believes that Daniel has not paid for the services rendered in the past three months. These facts are an example of a(n)

a. trespass to personal property

Which of the following statements is true of a false light claim?

b. Published claims about another may show someone in a false light must be highly offensive to the reasonable person.