quiz 4

A customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________.

an invitee; of reasonable care.

Negligence concerns harm that

arises by accident.

Edith becomes ill at work, but her boss insists that she finish mopping the shop floor and cleaning the cabinets before she is allowed to leave. He physically prevents her from leaving the premises by watching over her until her work is finished. What tort has occurred?

false imprisonment

Bob, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon grew tired and realized that he could not make it back to shore. Seeing Kelly, he cried out for help. Kelly, however, ignored the pleas. Bob was finally saved by Dorothy but suffered brain damage from being submerged during the ordeal. Bob now sues Kelly for negligence for failing to try to save him. Bob will

lose because Kelly had no legal duty to rescue him.

Wholesome Bread, Inc. advertised that its honey wheat bread had 25% fewer calories than a competing brand, Valley Grains. In fact, Wholesome's bread had the same amount of calories as Valley Grains' bread. Wholesome Bread's conduct

violates the Lanham Act.

Annette drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Annette sued Vincent. The jury found that Annette's fault contributed 20 percent to the collision and determined that her total loss was $100,000. Under comparative negligence, the jury should award Annette

80,000

Which of the following statements about torts is correct?

A tortious act may also be a criminal act.

Adam decided to play a practical joke on Linda, a coworker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Which statement is correct?

Adam committed an assault and a battery.

Which of the following statutes requires that commercial email not have deceptive headings and clearly indicate if the email is an advertisement?

CAN-SPAM

The test of "foreseeability" is generally used to determine the existence of which element of a negligence case?

Duty of due care

Which of the following is the general goal of compensatory damages?

to restore the plaintiff to the position he or she was in before the injury

A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably. Which of the following is most likely to help the plaintiff?

Res ipsa loquitur

Runyon was ready to sign a two-year agreement with Barnett Corp. to become Barnett's sales representative for a three-state area. LaPrise, who wants to be the representative for that area, threatens Runyon with bodily harm if he takes the position. Runyon decides his physical well-being is more important to him than the job, so he does not accept the position. LaPrise

committed tortious interference with a prospective advantage.

If the defendant successfully proves __________, no matter how slight the plaintiff's negligence, the plaintiff will be denied any recovery of damages.

contributory negligence

The elements in a defamation case are:

defamatory statement; falsity; communication; and injury.

Phillip was waiting for a bus at a bus stop. Across the street and down the block, a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck. The exploding tire injured Marsha and frightened a neighborhood dog, which ran down the street and knocked Phillip down, injuring his knee. Phillip sued the mechanic. In applying the Palsgraf v. Long Island Railroad decision to this case, Phillip would

lose because, although the mechanic's conduct was negligent toward Marsha, it was not a wrong in relation to Phillip, who was far away. The mechanic could not have foreseen injury to Phillip and therefore had no duty to him.

A branch of tort law that imposes a much higher level of liability when harm results from ultrahazardous acts or defective products is referred to as

strict liability.

In awarding punitive damages, a court considers all of the following EXCEPT

the financial condition of the plaintiff.

What is net neutrality?

the principle that all information which flows on the internet must receive equal treatment

Wayne worked in an office. He had no criminal record, had never had a complaint made against him about his work or his conduct, and had been a faithful employee for nearly 20 years. One day, Wayne followed his supervisor to his home and fatally shot him. The estate of the supervisor sued the company, claiming it should have been aware of Wayne's growing frustration with work. The company's best defense will be that

there was no way to foresee that the incident would happen.