Tort Chapters 7, 8, 9, 11, 12, 14
b. False
The purpose of punitive damages is to restore a plaintiff to the position he/she was in before being injured.
a. True
Under the "sealed container" doctrine, retailers are relieved of liability if they sell a product in a sealed container.
a. True
A contingency fee arrangement may create a conflict of interest between a client and his attorney.
a. True
A court considers method of payment and length of employment in deciding whether an individual is an employee or an independent contractor.
a. wild; domesticated
A keeper of a _____ animal is strictly liable for damages resulting from dangerous propensities typical of that particular species, while the keeper of a _____ animal is strictly liable for damages resulting from a vicious propensity of that particular animal.
a. True
A plaintiff alleging lack of consent may sue on the basis of either battery or negligence.
b. False
A plaintiff alleging lack of consent may sue on the basis of either battery or negligence.
a. True
A plaintiff cannot assume a risk of which he/she is unaware even if a reasonable person would have been aware of such a risk.
a. unavoidably unsafe
A product that is considered ____ is incapable of being made safe for its ordinary and intended use.
c. Storage of flammable liquids in urban areas
According to our textbook _____ is an example of an abnormally dangerous activity.
b. False
An employer is generally liable for the negligent acts of employees committed while they are coming to or leaving work.
b. False
An employer is never liable for the intentional torts of an employee.
b. False
Assumption of risk cannot be raised as a defense in strict liability cases.
a. True
Assumption of risk is a defense to strict liability but contributory negligence is not.
b. False
At common law husbands, but not wives, can recover for loss of consortium.
b. False
Bailees are vicariously liable for the negligence of bailors.
c. insist that an attorney review their work.
Because legal assistants are not allowed to practice law, they should
d. tort; contract
Causes of action based on breach of warranty are a combination of _____ law and _____ law.
b. False
Class actions prevent plaintiffs with minimal recovery from being able to sue.
b. False
Contributory negligence is not a defense if the defendant acts intentionally but is a defense if the defendant acts recklessly.
a. True
Courts today generally find employers liable for the acts of employees committed while deviating from their business purpose so long as their deviation is reasonable foreseeable.
a. True
Design defect claims can be based on either negligence or strict liability analysis.
b. False
Employers are never required to pay punitive damages for torts resulting from the acts of their employees.
b. False
Fair market value represents the lowest price that could be realized by selling the product on the open market.
b. False
If a plaintiff is a user of a product rather than a purchaser, he cannot recover for breach of an express warranty.
a. True
If an employer refers to someone as an independent contractor, that label is not dispositive of the actual nature of their relationship.
b. contributory; comparative
In a ____ negligence system, a plaintiff that contributes to his/her own injuries is barred from recovery, while in a ____ negligence system, his/her recovery is reduced in direct proportion to the degree that he/she contributed to his/her injuries.
a. reasonableness of the manufacturer in placing the product on the market
In a design defect case that is based on a negligence standard, the key question is the _____, while in a case based on a strict liability standard, the key question is the consumer's expectations
b. False
In determining whether a manufacturer must provide a warning on a product, the courts consider only the likely number and severity of accidents that are likely to occur if such a warning is lacking.
b. False
In most jurisdictions today, physicians are vicariously liable for the negligent acts committed by those under the physician's control.
b. False
In most jurisdictions today, the negligence of a driver is imputed to his/her passengers.
a. True
Manufacturers are not to be the insures of their products. Therefore, they are required to warn only of those dangers they knew of, or should have known of, at the time of sale of the product.
a. True
Many courts have classified blood as an "unavoidably unsafe" product.
a. True
Medical expenses must be specially pleaded in a complaint.
b. False
Plaintiffs who are bystanders are not allowed to recover on the basis of strict liability.
a. True
Police departments and school systems are governmental functions that are subject to immunity.
b. False
Professionals are required to meet national standards of care.
a. True
Professionals who resort to unorthodox procedures are more likely to be found negligent than professionals who rely on more conventional techniques.
b. express
Providing consumers with a description of a product is one way of creating a(n) ____ warranty.
b. False
Punitive damages can be awarded in any negligence case.
a. True
Pure economic loss is generally not recoverable under strict liability.
a. True
Some argue that chairtable organizations should be immune from suit because beneficiaries of such organizations impliedly waive their rights to sue by accepting the benefits the organization has to offer.
a. True
Some states consider assumption of risk to be a form of contributory negligence.
a. True
Specialists are typically held to a national standard of care in their field of expertise.
a. True
Statutes of limitations begin to run when actual injury to the plaintiff or his/her property occurs.
c. privitity
The _____ requirement, which requires the plaintiff to contract directly with the defendant manufacturer, has largely been abandoned.
a. True
The courts have generally found that automobile manufactures are legally obligated to design "crash worthy" vehicles.
d. wrongful death; survival
The spouse of one killed in an accident can recover for his/her damages under a _____ statute, while an action brought by the executor or administrator of an estate is brought under a _____ statute.
b. False
The typical lawyer of today generally has no more than one malpractice claim filed against him/her during his/her career.
b. False
To disclaim a warranty, a seller is required only to use language that is conspicuous.
b. structured settlement
To reduce a plaintiff's tax burden and to relieve the plaintiff of the responsibility of investing his award, a defendant may suggest that the plaintiff's future damages be awarded using a _____.
b. bailor; bailee
When you take your car into the service station for repair, you as the ______ are not vicariously liable for the negligence of the service station, which is the _____.
c. Subrogation
_____ is the right of an insurer against the responsible party to collect for monies paid by the insurer to the insured.
b. fiduciary relationship
Because of the _______ between a professional and a client, which is based on trust and confidence, the professional has an obligation to reveal all relevant facts to the client.
c. last clear
Under the _____ doctrine, a defendant remains liable if he/she had an opportunity to avoid the harm that occurred to the plaintiff and failed to do so, assuming the plaintiff did not have such an opportunity.
b. assumed the risk
A Plaintiff who volunteers to take the chance that harm will occur is said to have:
b. loss of consortium; derivative
A ______ claim, which allows a spouse to recover for lost services, is a ____ claim in that it derives from the injured spouse's underlying claim.
a. warranty of merchantability
A ______ warranties that a good is fit for the ordinary purpose for which such a good is used.
b. False
A social trip is a type of joint enterprise.
b. preempts
A state common law tort action cannot be brought if a federal statute expressly or impliedly ___ such an action.
b. False
An employer that delegates repair work to an independent contractor has no liability if that independent contractor negligently injuries a business invitee.
a. True
Class actions prevent the court system from being overloaded.
b. False
If governmental immunity is abolished, the immunity of public officials is abolished as well.
b. False
Implied warranties never apply to real estate transactions.
d. pure; 50%
In those states that have adopted comparative negligence, the plaintiff can recover even if a jury determines he/she was seventy percent responsible for his.her own injuries under a _____ comparative negligence standard but cannot recover under a ____ approach.
b. False
Jurors are not allowed to take into consideration a plaintiff's personal habits and individual characteristics in determining his/her recovery for future lost earnings.
b. can shield attorneys from some of the interpersonal tasks with clients that are time-consuming.
Legal Assistant
b. False
Manufacturing defects are restricted to man-made products.
a. True
Most states have abolished sovereign immunity today.
b. False
Most states have retained contributory negligence rather than adopting comparative negligence.
b. False
Only spouses can recover under wrongful death statutes.
b. False
Pain and suffering can never be recovered in a wrongful death claim.
b. False
Parents are never liable for the intentional torts of their children.
a. True
Part of the reason for holding employers vicariously liable is that employers should consider the expense of reimbursing those whom their employees injure as part of the cost of doing business.
a. True
Statutes of limitations protect defendants from having to defend stale claims.
b. statutes of limitations
Statutes that limit the time period during which a product liability suit can be brought are called:
b. False
Strict liability and liability without fault are synonymous terms.
a. True
Strict liability applies to anyone in the business of selling goods.
b. False
Structured settlements are advocated by the plaintiff's bar but are generally resisted by the defense bar.
a. fair market value
The ______ of property is based on the amount the property could be sold for on the open market.
c. economic loss
The diminution of the value of a product is referred to as:
b. False
The family purpose doctrine is most often applied in cases involving underinsured minors who are negligent in their driving.
a. True
The fifty percent approach is problematic when jurors assign a 50-50 apportionment in terms of blame of the parties.
a. True
The greatest number of errors committed by litigators are administrative errors.
b. False
The majority of courts have abolished charitable immunity but only in reference to chairtable hospitals.
b. False
The only rationale behind contributory negligence is that plaintiffs should be punished for failing to protect themselves from harm.
b. False
The per diem technique is an attempt to give a concrete value to punitive damages.
b. False
The question of contributory negligence is a question of law for a judge to decide.
b. False
Under the English common law, animal owners were strictly liable for damages caused by any trespassing animals, including cats and dogs.
c. 4
Under the UCC Statute of Limitations, there is usually a _____ year limitation on breach of warranty.
c. collatural source
Under the ______ rule, a plaintiff is entitled to double recovery in that she can recover from both her insurance company and from the defendant.
a. True
Under the common law, spouses were considered one entity and could not sue one another.
a. True
Under the commonlaw, when an individual died, his tort action died along with him.
b. respondent superior
Under the doctrine of _____, an employer is vicariously liable for the acts of an employee so long as the employee is acting within the scope and furtherance of his employment.
a. True
Under the family purpose doctrine, the head of the family is vicariously liable for the negligence of anyone who drives his/her vehicle.
c. Legislator; judges
_____ and ______ are two types of public officials that receive complete immunity as long as the act complained of is within the scope of their duties.
c. Compensatory Damages
_____ are designed to compensate the victim for her losses and restore her to the position she was in before she sustained her injuries.
a. Nominal
_____ damages are awarded when the plaintiff is able to establish the defendant's liability but is unable to convince the trier of fact that actual harm occurred.
b. Punitive
_____ damages are intended to punish the defendant for reckless or egregious misconduct and to deter others for engaging in the same or similar wrongful conduct.
b. Fencing in; fencing out
_____ statutes exempt animal owners from strict liability if they use fencing to keep their animals on their property, while _____ statutes allow property owners who properly fence their property to bring strict liability claims against animal owners who animals trespass on the land.
