Exam 5: Torts and Strict Liability

Ray and Rayetta were on a camping vacation in Maine.They had reservations for themselves and their car on a ferry from Bar Harbor,Maine to Nova Scotia.Because they had their two mountain bikes mounted upright on a roof rack on their car,they had to use a special line including motor homes,vans and other high vehicles.Upon loading onto the ferry,all of these high profile vehicles used the rightmost of the six parallel lanes on the auto deck of the ferry.When the drivers returned to their cars upon reaching Nova Scotia,they were directed off the ferry by ferry employees.The driver of the motor home immediately in front of their car had not returned by the time all of the cars from other lanes had exited.After waiting for another 10 minutes,one of the ferry employees motioned Ray and Rayetta to turn to the left into the next lane rather than wait for the motor home to move.Ray and Rayetta followed the employee's hand signals,but unfortunately their bikes struck a low clearance pipe and the frames of both bikes were destroyed.Discuss the issues and outcome of their lawsuit against the ferry company.

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

The United States Supreme Court has held that public officials cannot recover for defamation unless they can prove that the defendant acted with "actual malice."

In a case involving misappropriation of the right to publicity,the plaintiff can

Truth is an absolute defense to a charge of defamation.

Assault requires that the defendant touch the plaintiff in some manner.

Ted crosses the street while not paying attention and fails to notice a flashing "Do Not Cross" sign.Alice,who is distracted,sees Ted at the last minute and hits him,breaking his leg.When Ted sues Alice,she can successfully use the defense of assumption of risk.

Which of the following is true about the tort of invasion of the right to privacy?

Placing someone in a "false light" constitutes an invasion of privacy.

Res ipsa loquitur means "the thing speaks for itself."

In a negligence action,the defendant's subjective intent is immaterial in assessing liability.

Disparagement requires injury to the plaintiff but does not require a specific intent by the defendant to injure.

Jane Erickson takes her ten-month-old baby,Benjamin,to a hockey game.During warm-ups,a player makes a "slap-shot" to the goal.The hockey puck flies off the ice,over the protective barrier located around the rink and into the stands,striking and seriously injuring Benjamin,who was in Jane's arms when he was hit by the puck.According to the assumption of the risk doctrine,Benjamin cannot recover for his injuries.

Res ipsa loquitur applies in cases where the defendant had non-exclusive control of the instrumentality or situation that caused the plaintiff's injury,and the injury would not have ordinarily occurred but for someone's negligence.

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

Jimmy is annoyed because his neighbor's dog is constantly barking.He intentionally walks up to the dog and kicks it.Jimmy is guilty of:

A participant in an activity subject to strict liability is liable for damages even if there is no fault on the part of the participant.

The tort of misappropriation of the right to publicity does not apply in the case of public figures,because public figures are presumed to have consented to public use of their likeness.

Which of the following is a requirement for a merchant to stop,detain,and investigate suspected shoplifters without being held liable for false imprisonment?

A false statement that appears in writing or other "fixed medium" is slander.