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?
