Exam 6: Torts and Strict Liability

Jessica files a frivolous lawsuit against Thomas claiming emotional distress because he plucked flowers from her garden without her permission. The judge exonerates Thomas who can now sue Jessica for malicious prosecution.

Under the doctrine of strict liability, bystanders who are injured by a defective product are entitled to the same protection as the consumers or users.

The violation of a statute that proximately causes an injury is termed as ________.

John watches his brother being killed in a road accident. The perpetrator was driving under the influence of alcohol. John can recover damages for negligent infliction of emotional distress for the mental trauma he suffered from watching his brother die.

Comparative negligence is a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

Res ipsa loquitur switches the burden to the plaintiff to prove that the defendant was negligent.

Reasonable person standard is a test used to determine whether a tort is intentional or unintentional.

Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother's arms, leaving her traumatized. The court hearing the case rules that Martha's son was "not responsible for the accident." Martha can sue the person who killed her son to recover damages for ________.

A tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care is ________.

John Harley was on his way home when an assailant stopped his car and threatened to physically harm him if he ever saw him drive on that street again. John can sue the assailant to recover damages for ________.

If a lawyer fails to file a document with the court on time, causing his client's case to be dismissed, he would be liable for ________.

Which of the following actions would make Sarah liable for battery?

________ refers to monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.

Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother's arms, leaving her traumatized. The court hearing the case rules that Martha's son was "not responsible for the accident." Martha can sue the person who killed her son to recover damages for ________.

If a plaintiff is injured, the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

Gary Govetty is a famous movie star. A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years. Gary can sue his ex-girlfriend for ________.

Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality or situation that caused his or her own injury.

________ refers to an attempt by another person to take over a living person's name or identity for commercial purposes.

Betty buys a lawnmower, manufactured by FlatPlanes, Inc., from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. Which of the following remedial actions is Betty entitles to?

The violation of a statute that proximately causes an injury is termed as ________.