Exam 5: Torts and Strict Liability

An English professor puts a comment on a student's composition that says,"Can't you write at all? You are writing at a third grade level and will never be able to graduate from this university!" The student is extremely upset and sues the professor.For which torts could the professor be held liable?

In a case involving misappropriation of the right to publicity,the plaintiff can recover the unauthorized profits made by the offending party,but the plaintiff is not entitled to obtain an injunction preventing further unauthorized use of his or her name or identity.

Which of the following is true about the case against McDonald's for serving very hot coffee?

Which best describes assumption of the risk in a negligence case?

Actual cause is also referred to as "causation in equity."

Many states have replaced the doctrine of comparative negligence with the doctrine of contributory negligence.

Manny,a newspaper reporter who writes a weekly article on the automotive industry,states in one of his columns that BMWs are "overrated." BMW feels that this is injurious to its reputation.If BMW sues Manny and his newspaper,will the car manufacturer be successful in its lawsuit?

The name for an oral defamatory statement is libel.

The doctrine of negligence per se is used where the plaintiff was unable to observe the conduct of the defendant that led to the injury.

Under the doctrine of negligence,a person is liable for harm that is the foreseeable consequences of his or her actions.

Stella Liebeck was successful in her suit against McDonald's after she was injured by coffee spilling in her lap because McDonald's was found to have acted recklessly in the design of the lid,which loosened and caused a spill and resultant injuries.

A baseball fan assumes the risk of being hit by a foul ball if he or she purchases a ticket and sits in a seat located down the first-base line.

Negligent infliction of emotional distress requires that the defendant commit an outrageous act against the plaintiff.

Mary,a 68-year-old widow,hired an electrician to make some wiring repairs to her home.The electrician accidentally started a fire that destroyed her house.Mary was not injured,but watched her house burn along with all her possessions.It was emotionally devastating to watch as she lost a whole life's worth of memories.Can she recover for the intentional infliction of emotional distress?

Which of the following is another term for disparagement?

Merely locking one door to a building when other exits are not locked is not false imprisonment.

Sandy lives on the top floor of a ten-story building in a big city.There is a 30-story apartment building under construction next door to her building.One morning while eating her corn flakes,a brand new toilet comes crashing through the roof of Sandy's apartment and injures her.She would like to sue the construction firm,but has no way of finding out or proving what persons were involved or exactly what happened.The doctrine that would most help Sandy is:

Tom is going to propose to Betty,so he goes to a jeweler to buy a diamond engagement ring.The jeweler shows him a diamond and states that it is "AAA" quality with only one minor surface flaw.Tom,an amateur gemologist,looks through a jeweler's magnifying glass and sees multiple flaws and that it is merely "A" quality.Because it is a good price anyway,he says nothing and buys it.Betty says no to the proposal and the jeweler won't take back the ring.If Tom sues the jeweler for fraud regarding the deceptive statements made by the jeweler,Tom will win.

When negligence cannot be conclusively proven,a valid cause of action may still exist under the doctrine of:

In James v.Meow Media,Inc.involving the lawsuit against the producers and distributors of violent video games and movies after a minor shot several classmates,which of the following sets forth the ruling of the Court of Appeals?