Chapter 5 Warmup

scienter

Actionable fraud requires that the wrongdoer had knowledge that the representation was false and intended to deceive the innocent party. This is known as​ _____.

strict

Activities such as crop​ dusting, blasting,​ fumigation, burning of​ fields, storage of​ explosives, and the keeping of animals and pets are usually considered activities to which​ _____ liability applies.

shopkeeper's privilege

Almost all states have enacted merchant protection​ statutes, also known as the​ _____.

assumption of the risk

A​ Go-Kart company is being sued for negligence after a rider got seriously injured in a collision during a race at one of their tracks. The company warns all riders that riding can be dangerous. What defense could they use to avoid​ negligence?

reasonable person

Courts decide whether a duty of care is owed in specific cases by applying​ a(n) _____ standard.

care

In terms of negligence​ liability, throwing a lit match on the ground in the forest and causing a fire is a breach of a duty of​ _____.

Under comparative​ negligence, damages are apportioned according to fault.

The doctrine of contributory negligence says that a plaintiff who is partially at fault for his or her own injury cannot recover any damages from the negligent defendant. How does the doctrine of comparative negligence differ from​ this?

an opinion and therefore not defamatory

The oral statement​ "My lawyer is​ lousy" is likely​ _____.

negligence per se

The violation of a statute that proximately causes an injury is​ _____.

transferred

Under the doctrine of​ _____ intent, the law applies the​ perpetrator's intent from the target to the actual victim of the act.

unintentional negligence

Which of the following is NOT a defense against​ negligence?

​50%

Partial comparative negligence says that a plaintiff must be less than​ ___% responsible for causing his or her own injuries to recover under comparative​ negligence, otherwise, contributory negligence applies.

fault

Strict liability is liability without​ _____.

The father can sue and recover damages from the driver of the automobile for negligent infliction of emotional distress for the severe distress he suffered by seeing his daughter die.

Suppose that a father is walking his young daughter to school when a driver of an automobile negligently runs off the road and onto the​ sidewalk, hitting the girl but not her father. The young girl dies from her injuries. The father suffers severe emotional distress by seeing his daughter die and manifests his distress by suffering physically. Which of the following is an accurate statement regarding the​ father's right to sue and recover damages from the driver of the​ automobile?

keeping of animals and pets

Which of the following is usually considered an abnormally dangerous activity to which strict liability​ applies?