Exam 5: Intentional Torts and Negligence

Which of the following torts constitutes battery?

According to the doctrine of ________, a participant in a covered activity will be held liable for any injuries caused by the activity, even if he or she was not negligent.

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.

Throwing a lit match on the ground in the forest and causing a fire is a breach of ________.

If a shoplifting suspect is detained for an unreasonably long time and is found to be innocent, the merchant is liable for the tort of malicious prosecution.

In order to claim damages for negligence per se, the plaintiff has to prove that ________.

Intentional misrepresentation occurs when a wrongdoer deceives another person out of money, property, or something else of value.

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

Explain the doctrine of strict liability with examples.

If the defendant's act caused the plaintiff's injuries, there is causation in fact

A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red "Do Not Walk" sign.The jury finds that the driver is 80 percent responsible for the accident and the jaywalker is 20 percent responsible.The pedestrian suffered $100, 000 in injuries.If the state in which this case is heard adopts the doctrine of contributory negligence to interpret such cases, the pedestrian is entitled to ________.

The defendant can held liable for injuries caused by the superseding event.

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

When and how can a plaintiff claim damages if the defendant has breached a duty of care?

In order to claim damages for negligence per se, the plaintiff need not prove that he or she was within a class of persons meant to be protected by the statute.

________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.

Which of the following best describes the tort of battery?

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 ________.

The violation of a statute that proximately causes an injury is termed as negligence per se.

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 ________.