Exam 5: Torts and Strict Liability

Sam had just finished a great day of skiing as he walked toward the parking lot with his skis over his shoulders.While waiting to cross at a crosswalk,a car's horn honks down the street.He suddenly turns to see where the sound came from,and in doing so his skis swing around and hit Pam in the head,injuring her.Which of the following,if true,would give Sam the best chance of avoiding liability to Pam?

Which of the following is true about the tort of defamation?

In New York Times v.Sullivan,the United States Supreme Court held that public officials cannot recover for defamation unless they can prove that the defendant acted with actual ________.

The doctrine that is applied when a defendant violates an existing statute intended to prevent the injury in question to persons of a class that includes the plaintiff is:

While attending a baseball game cheering for the home team,a fan of the other team sneaks up behind Jack and hits Jack on the head with a hard piece of pizza crust,injuring Jack.Jack has no idea he is about to be hit and is severely embarrassed when his friends see that he was injured by a pizza crust.Which of the following torts has the fan committed?

In order to meet the causation requirement in a negligence action,both causation in fact and proximate cause must be proven.

Does the requirement for a plaintiff in a negligent case to prove foreseeability make sense? Should not a defendant be responsible for all the actual consequences of the careless conduct? Is it fair that an injured party might be able to recover from no one?

Discuss how the doctrine of strict liability differs from the doctrine of negligence.What are some types of conduct for which the doctrine of strict liability has been applied? Is it fair that defendants may be found liable without evidence of wrongful conduct?

Which of the following must the plaintiff demonstrate in order to prevail in an intentional misrepresentation lawsuit?

Which of the following is true about comparative negligence and contributory negligence?

The best description of misappropriation of the right to publicity is:

The doctrine of intentional tort is commonly referred to as negligence.

The Federal Torts Claims Act established the doctrine of sovereign immunity,freeing governments from liability for the acts of their governmental employees.

The test for actual cause is this: "But for" the defendant's conduct,would the accident have happened?"

To recover in a negligence per se action,the plaintiff must prove that a statute existed,the statute was enacted to prevent the type of injury suffered,and the plaintiff was within a class of persons meant to be protected by the statute.

To succeed in a malicious prosecution lawsuit,the courts require the plaintiff to prove all but which of the following?

Mike sees Jan,who he dislikes,walking in the street and shoots an arrow at her.He misses but instead hits Betsy.Betsy cannot sue Mike for battery because there was no intent on the part of Mike to injure her.

If Carol,a heart surgeon,is sued for negligently driving her car,she will be held to a reasonable heart surgeon standard when establishing the duty of care owed.

Merchant protection statutes are also known as the ________.

________ is the unauthorized and harmful or offensive physical contact with another person that causes injury.