Question 1

The "but for" test and the "substantial factor" test are both associated with which element of a negligence claim?

Accepted Answer

A) Injury 
B) Causation 
C) Duty 
D) Breach 
A) Injury 
B) Causation 
C) Duty 
D) Breach

Question 2

Fact pattern 9-2
Blake lives in a jurisdiction that applies joint and several liability along with the doctrine of contribution.He was involved in a very unfortunate motor vehicle accident.Tony hit his new Mercedes in the rear just as Cathy crossed the center line and sideswiped him.Blake's car was severely damaged,and Blake suffered from whiplash for a few weeks.Blake sued both Tony and Cathy.It was determined at trial that both Tony and Cathy were negligent,that Blake was not negligent,that Tony was 60% responsible for Blake's injuries,that Cathy was 40% responsible for Blake's injuries,and that Blake's total damages were $100,000.
-Refer to fact pattern 9-2.Assuming she has the financial resources or sufficient insurance,can Blake recover the entire $100,000 from Cathy?

Accepted Answer

A) Yes. 
B) No,but only because she was found to be less at fault than Blake. 
C) No,because joint and several liability is in effect. 
D) Only if Blake can establish that Tony is insolvent can he recover the entire amount from Cathy. 
A) Yes. 
B) No,but only because she was found to be less at fault than Blake. 
C) No,because joint and several liability is in effect. 
D) Only if Blake can establish that Tony is insolvent can he recover the entire amount from Cathy.

Question 3

A licensee is anyone who is on the possessor's land as a business visitor.

Accepted Answer

A) True 
 B)False

Question 4

The tort of conversion requires that the defendant know that the goods belonged to the plaintiff.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is an unreasonable and substantial interference with the public health,safety,peace,comfort,convenience,or utilization of land?

Accepted Answer

A) Private nuisance. 
B) Conversion. 
C) Trespassory nuisance. 
D) None of the answers are correct. 
A) Private nuisance. 
B) Conversion. 
C) Trespassory nuisance. 
D) None of the answers are correct.

Question 6

Which of the following most accurately describes the duty of landowners to a licensees?

Accepted Answer

A) They are required to look out for licensees only after they enter the land. 
B) They must exercise extreme care for the protection of the licensee. 
C) They are required to inspect for unknown dangers. 
D) The duty arises only when the possessor has actual knowledge of a risk. 
A) They are required to look out for licensees only after they enter the land. 
B) They must exercise extreme care for the protection of the licensee. 
C) They are required to inspect for unknown dangers. 
D) The duty arises only when the possessor has actual knowledge of a risk.

Question 7

Phil owns and operates Save Money,a local discount store.While in the store looking for discount makeup,Carol accidentally dropped some lipstick on the ground and could not find it before she left.Later that same day,George came into Save More looking for a new plunger.As he turned the corner to the plumbing aisle,he slipped on the lipstick that had been dropped by Carol and fell into a display of wrenches,severely injuring himself.Can George recover from Save More for his injuries?

Accepted Answer

Businesses must protect customers agains

Question 8

Fact pattern 9-1
Frank belongs to the same country club as his former physician,Dr.Bozo.Frank recently started dating Dr.Bozo's former wife,Alice,and decided to find a new physician.Frank found out that Dr.Bozo has been telling their mutual friends at the club about Frank's high blood pressure and problems with anxiety.Frank is very angry,confronts Dr.Bozo on the golf course and tells him that he is going to sue him under a federal law protecting medical information.Dr.Bozo laughs and says in front of a number of Frank's golfing buddies,"I'm not surprised that you're going nuts and that you have high blood pressure - hanging out with Alice has done that to many a man."
-Refer to fact pattern 9-1.Is there any federal law prohibiting Dr.Bozo from revealing Frank's medical history?

Accepted Answer

A) There is no such federal law. 
B) There is a federal law called the Health Insurance Protability and Accountability Act that prohibits the revelation of private medical information by health care providers. 
C) There is a federal law called the Gramm-Leach-Bliley Act that prohibits the revelation of private medical information by health care providers. 
D) There is a federal law called the Physician-Nurse Privacy Act that prohibits the revelation of private medical information by health care providers. 
A) There is no such federal law. 
B) There is a federal law called the Health Insurance Protability and Accountability Act that prohibits the revelation of private medical information by health care providers. 
C) There is a federal law called the Gramm-Leach-Bliley Act that prohibits the revelation of private medical information by health care providers. 
D) There is a federal law called the Physician-Nurse Privacy Act that prohibits the revelation of private medical information by health care providers.

Question 9

The doctrine of ________ helps to offset the effect of joint and several liability.

Accepted Answer

A) contribution 
B) respondeat superior 
C) vicarious liability 
D) contributory negligence 
A) contribution 
B) respondeat superior 
C) vicarious liability 
D) contributory negligence

Question 10

Written defamation is known as

Accepted Answer

A) libel. 
B) slander. 
C) malicious intent. 
D) invasion of privacy. 
A) libel. 
B) slander. 
C) malicious intent. 
D) invasion of privacy.

Question 11

Punitive damages generally attempt to restore the plaintiff to the same position he or she was in before the tort occurred.

Accepted Answer

A) True 
 B)False

Question 12

A tort is a type of civil or criminal wrong.

Accepted Answer

A) True 
 B)False

Question 13

For the tort of intentional infliction of emotional distress,a plaintiff need not show

Accepted Answer

A) emotional distress. 
B) actual and proximate causation. 
C) outrageous conduct. 
D) an employer / employee relationship. 
A) emotional distress. 
B) actual and proximate causation. 
C) outrageous conduct. 
D) an employer / employee relationship.

Question 14

A court order prohibiting a defendant from continuing a certain activity would be called a(n)_________.

Accepted Answer

A) injunction 
B) indictment 
C) edict 
D) none of the above 
A) injunction 
B) indictment 
C) edict 
D) none of the above

Question 15

Blastco is an expert demolition company.During the process of leveling some land,Blastco fell behind in their schedule and used twice the normal amount of dynamite to blast some hills.When a charge exploded,the blast broke several of the windows in Paul's home.Paul lives five miles from the blast site.What theory or theories may Paul use to recover damages from Blastco? Discuss fully.

Accepted Answer

Blasting would probably be considered an

Question 16

Which of the following is not a part of the measure of compensatory damages?

Accepted Answer

A) The cost to repair or replace an item. 
B) The decrease in market value of an item. 
C) Compensation for medical expenses. 
D) Damages to deter others from engaging in similar conduct. 
A) The cost to repair or replace an item. 
B) The decrease in market value of an item. 
C) Compensation for medical expenses. 
D) Damages to deter others from engaging in similar conduct.

Question 17

Intent cannot be implied.

Accepted Answer

A) True 
 B)False

Question 18

__________ is the publication of statements derogatory to the quality of the plaintiff's business,to the business in general or to the plaintiff's personal affairs in order to discourage others from dealing with him or her?

Accepted Answer

A) Disparagement 
B) Critical falsehood 
C) Defamation 
D) Malicious derogatorism 
A) Disparagement 
B) Critical falsehood 
C) Defamation 
D) Malicious derogatorism

Question 19

Paul is suing Dan for negligence arising out of a boating accident.What are the elements that Paul must prove in order to win his case? What defenses may Dan use to prevent Paul from recovering,or to at least lessen his recovery? Discuss fully.

Accepted Answer

To establish liability under a negligenc

Question 20

Spoken defamation is known as

Accepted Answer

A) libel. 
B) slander. 
C) malicious intent. 
D) invasion of privacy. 
A) libel. 
B) slander. 
C) malicious intent. 
D) invasion of privacy.

Exam 9: Torts and Privacy protection

The "but for" test and the "substantial factor" test are both associated with which element of a negligence claim?

A licensee is anyone who is on the possessor's land as a business visitor.

The tort of conversion requires that the defendant know that the goods belonged to the plaintiff.

Which of the following is an unreasonable and substantial interference with the public health,safety,peace,comfort,convenience,or utilization of land?

Which of the following most accurately describes the duty of landowners to a licensees?

The doctrine of ________ helps to offset the effect of joint and several liability.

Written defamation is known as

Punitive damages generally attempt to restore the plaintiff to the same position he or she was in before the tort occurred.

A tort is a type of civil or criminal wrong.

For the tort of intentional infliction of emotional distress,a plaintiff need not show

A court order prohibiting a defendant from continuing a certain activity would be called a(n)_________.

Which of the following is not a part of the measure of compensatory damages?

Intent cannot be implied.

__________ is the publication of statements derogatory to the quality of the plaintiff's business,to the business in general or to the plaintiff's personal affairs in order to discourage others from dealing with him or her?

Paul is suing Dan for negligence arising out of a boating accident.What are the elements that Paul must prove in order to win his case? What defenses may Dan use to prevent Paul from recovering,or to at least lessen his recovery? Discuss fully.

Spoken defamation is known as

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