Question 1

Assault and battery are mutually exclusive torts that do not occur together.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following statements is true of battery?

Accepted Answer

A)  Battery refers to intentional infliction of emotional distress. 
B)  Assault and battery often occur together. 
C)  Actual physical contact is not necessary for a tort to be termed as battery. 
D)  Indirect physical contact between the victim and the perpetrator is not battery. 
A)  Battery refers to intentional infliction of emotional distress. 
B)  Assault and battery often occur together. 
C)  Actual physical contact is not necessary for a tort to be termed as battery. 
D)  Indirect physical contact between the victim and the perpetrator is not battery.

Question 3

Privity of contract between the plaintiff and the defendant is not required in a strict liability suit.

Accepted Answer

A) True 
 B)False

Question 4

Bertha, a surgeon, performed a kidney transplant on one of her patients. The surgery was not successful and the patient did not survive. Which of the following statements is true in this case?

Accepted Answer

A)  Bertha cannot be held strictly liable as she was providing a service. 
B)  Bertha can be held strictly liable for the death of her patient. 
C)  Bertha and the medical staff assisting in the surgery are strictly liable for the death. 
D)  The donor of the kidney can be held strictly liable for the death of the patient. 
A)  Bertha cannot be held strictly liable as she was providing a service. 
B)  Bertha can be held strictly liable for the death of her patient. 
C)  Bertha and the medical staff assisting in the surgery are strictly liable for the death. 
D)  The donor of the kidney can be held strictly liable for the death of the patient.

Question 5

Which of the following best describes the tort of battery?

Accepted Answer

A)  unauthorized and harmful or offensive physical contact with another person that causes injury 
B)  an action that arouses reasonable apprehension of imminent harm 
C)  oral or written defamation of another person's character 
D)  intentional confinement or restraint of another person without that person's consent 
A)  unauthorized and harmful or offensive physical contact with another person that causes injury 
B)  an action that arouses reasonable apprehension of imminent harm 
C)  oral or written defamation of another person's character 
D)  intentional confinement or restraint of another person without that person's consent

Question 6

________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

Accepted Answer

A)  Res ipsa loquitur 
B)  Assumption of the risk 
C)  Duty of care 
D)  Good Samaritan law 
A)  Res ipsa loquitur 
B)  Assumption of the risk 
C)  Duty of care 
D)  Good Samaritan law

Question 7

________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.

Accepted Answer

A)  Absolute liability 
B)  Contingent liability 
C)  Superior responsibility 
D)  Strict liability 
A)  Absolute liability 
B)  Contingent liability 
C)  Superior responsibility 
D)  Strict liability

Question 8

A threat of future harm or moral pressure is not considered false imprisonment.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following statements is true of the tort of assault?

Accepted Answer

A)  An assault is considered an unintentional tort. 
B)  An attack is considered an assault only if the defendant was provoked to attack a plaintiff. 
C)  An attack is not considered an assault if the defendant was provoked to attack a plaintiff. 
D)  Actual physical contact between plaintiff and defendant is not necessary. 
A)  An assault is considered an unintentional tort. 
B)  An attack is considered an assault only if the defendant was provoked to attack a plaintiff. 
C)  An attack is not considered an assault if the defendant was provoked to attack a plaintiff. 
D)  Actual physical contact between plaintiff and defendant is not necessary.

Question 10

One student actor wins a part in a play over another student actor. To get back at the winning student, the rejected student files a lawsuit against the winning student alleging intentional infliction of emotional distress, defamation, and negligence. The jury returns a verdict exonerating the defendant. The defendant is now entitled to sue the plaintiff for ________.

Accepted Answer

A)  tort of outrage 
B)  malicious prosecution 
C)  intentional misrepresentation 
D)  misappropriation of the right to publicity 
A)  tort of outrage 
B)  malicious prosecution 
C)  intentional misrepresentation 
D)  misappropriation of the right to publicity

Question 11

Martin wins a car in a lottery. As he already owns a car, he decides to sell the new one to his friend Ted. While driving the car, Ted gets into a head-on collision with another car. Due to a defective Supplemental Restraint System (SRS)of the vehicle, the airbag does not deploy and Ted is seriously injured. Which of the following statements is true of this situation?

Accepted Answer

A)  Martin can be held strictly liable because he sold the car to Ted. 
B)  The car manufacturer cannot be held strictly liable as Ted had not bought the car from them. 
C)  Martin cannot be held strictly liable as the sale of the car counts as a casual transaction. 
D)  The driver of the other car can be held strictly liable due to his or her involvement in the accident. 
A)  Martin can be held strictly liable because he sold the car to Ted. 
B)  The car manufacturer cannot be held strictly liable as Ted had not bought the car from them. 
C)  Martin cannot be held strictly liable as the sale of the car counts as a casual transaction. 
D)  The driver of the other car can be held strictly liable due to his or her involvement in the accident.

Question 12

Intentional misrepresentation occurs when a wrongdoer deceives another person out of money, property, or something else of value.

Accepted Answer

A) True 
 B)False

Question 13

Disparagement refers to the liability of a professional who breaches his or her duty of ordinary care.

Accepted Answer

A) True 
 B)False

Question 14

George, Jerry, and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during take-off. The airline is sued by all three together for injuries caused and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages?

Accepted Answer

A)  George, a retired professor who gets a pension of $50,000 a year 
B)  Jerry, a football player who earns $2 million a year 
C)  Harry, a chartered accountant who earns $200,000 a year 
D)  All the men recover the same amount of damages, irrespective of their income or profession. 
A)  George, a retired professor who gets a pension of $50,000 a year 
B)  Jerry, a football player who earns $2 million a year 
C)  Harry, a chartered accountant who earns $200,000 a year 
D)  All the men recover the same amount of damages, irrespective of their income or profession.

Question 15

________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

Accepted Answer

A)  Good Samaritan law 
B)  Assumption of the risk 
C)  Duty of care 
D)  Res ipsa loquitur 
A)  Good Samaritan law 
B)  Assumption of the risk 
C)  Duty of care 
D)  Res ipsa loquitur

Question 16

A doctrine under which damages are apportioned according to fault is known as ________.

Accepted Answer

comparativ

Question 17

If a woman is informed of her husband being run over by a bus the previous night, she can recover damages for negligent infliction of emotional distress.

Accepted Answer

A) True 
 B)False

Question 18

A failure to exercise care or to act as a reasonable person would act is a breach of ________.

Accepted Answer

The answer of A failure to exercise care or to...

Question 19

Which of the following torts constitutes battery?

Accepted Answer

A)  stealing a person's wallet 
B)  threatening to shoot a person 
C)  blackmailing a person 
D)  poisoning a person's drink 
A)  stealing a person's wallet 
B)  threatening to shoot a person 
C)  blackmailing a person 
D)  poisoning a person's drink

Question 20

Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular. The pacemaker is manufactured by Benford, Inc. In this case, Dr. DeBenedetto, the surgeon, is considered as the dominant element. Supposing that the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure?

Accepted Answer

A)  Benford, Inc 
B)  Dr. DeBenedetto 
C)  Henry 
D)  Sacred Heart Hospital 
A)  Benford, Inc 
B)  Dr. DeBenedetto 
C)  Henry 
D)  Sacred Heart Hospital

Exam 6: Torts and Strict Liability

Assault and battery are mutually exclusive torts that do not occur together.

Which of the following statements is true of battery?

Privity of contract between the plaintiff and the defendant is not required in a strict liability suit.

Bertha, a surgeon, performed a kidney transplant on one of her patients. The surgery was not successful and the patient did not survive. Which of the following statements is true in this case?

Which of the following best describes the tort of battery?

________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.

A threat of future harm or moral pressure is not considered false imprisonment.

Which of the following statements is true of the tort of assault?

Intentional misrepresentation occurs when a wrongdoer deceives another person out of money, property, or something else of value.

Disparagement refers to the liability of a professional who breaches his or her duty of ordinary care.

________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

A doctrine under which damages are apportioned according to fault is known as ________.

If a woman is informed of her husband being run over by a bus the previous night, she can recover damages for negligent infliction of emotional distress.

A failure to exercise care or to act as a reasonable person would act is a breach of ________.

Which of the following torts constitutes battery?

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