Exam 5: Torts and Strict Liability

"Every dog is entitled to one bite",so strict liability does not apply to animals until or unless you know them to be vicious or dangerous.

Most courts hold that defamatory statements in radio and television broadcasts are not considered libel.

A person is walking on a public sidewalk.When he finishes smoking a cigarette,which is still lit,he negligently tosses it,and it lands close to a house.The cigarette causes a fire that burns down the house.In this instance,the smoker is not the proximate cause of the damage.

Merchant protection statutes are also known as the "shopkeeper's discretion."

Cindy was riding her bicycle on a paved bike path and had an accident with another cyclist.Cindy's $1,000 bicycle was destroyed in the accident.If the jury determined that Cindy was 60 percent at fault and the other cyclist 40 percent at fault,under which doctrines would Cindy be entitled to recover $400 from the other cyclist?

Even though a defendant's negligent act may have breached a duty of care owed to the plaintiff,this breach is not actionable unless the plaintiff suffers injury or injury to his or her property.

Good Samaritan laws do not generally protect persons who are not medical professionals and who have not had training in CPR.

Gloria goes to a local used car dealership to look for a car.The dealership's owner shows her a car and states that it "runs like a champ" and that it only has 50,000 miles despite being eight years old.In fact,the car had 150,000 miles but the dealership had altered the mileage.Gloria,who works at a garage as a mechanic,looks the car over and discovers a number of problems but thinks to herself that she is able to fix them herself at low cost and with little problem.In particular she notices the tool marks where the used car dealership had turned back the mileage on the odometer.After negotiating a reasonable price she buys the car.That afternoon she starts to work on the car and discovers that the repairs were more extensive than she realized and calls the dealership,which refuses to take the car back.If she sues for fraud,what is the likely outcome?

Bart Steveman is sitting in the first row at Fenway Park during a Yankee Red Sox playoff game when the New York Yankee shortstop dives into the stands to catch a foul ball.Bart suffers a broken arm when the player lands on him.He is placed in an ambulance and on the way to the hospital the ambulance collides with another vehicle,causing Bart to suffer two broken legs and a second broken arm.If Bart sues the Red Sox and the Yankees:

The violation of a statute that proximately causes an injury is negligence by proxy.

The word "tort" is the French word for a "wrong."

Which of the following is the most accurate statement regarding the tort of disparagement?

If two people suffer similar injuries from the same negligent act,the law requires that the damages they receive be equal.

The unintentional confinement or restraint of another person without authority or justification and without that person's consent constitutes false imprisonment.

With regard to defamation,"publication" requires that the defamatory statement be published in a newspaper,magazine or book.

A plaintiff can generally recover for negligent infliction of emotional distress for any unintentional conduct of the defendant that causes the plaintiff to suffer emotional distress.

Most cities have an ordinance that places the responsibility for fixing public sidewalks in residential areas on the homeowners whose homes front the sidewalks.According to the negligence by proxy doctrine,in light of such an ordinance,a homeowner would be liable if he or she failed to repair a damaged sidewalk in front of his or her home and a pedestrian tripped and was injured because of the unrepaired sidewalk.

Requirements for recovery for the negligent infliction of emotional distress vary from state to state.

A threat of future harm is not actionable as an assault.

Intentional infliction of emotional distress requires that the conduct be outrageous.