Exam 6: Torts and Strict Liability

John watches his brother being killed in a road accident.The perpetrator was driving under the influence of alcohol.John can recover damages for negligent infliction of emotional distress for the mental trauma he suffered from watching his brother die.

The ________ refers to all manufacturers,distributors,wholesalers,retailers,lessors,and subcomponent manufacturers involved in a transaction.

Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality or situation that caused his or her own injury.

How is assault different from battery?

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 was 80 percent responsible for the accident and the jaywalker was 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 recover ________.

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.

The tort of defamation of character requires a plaintiff to prove that the defendant ________.

A civil action lawsuit in which the original defendant sues the original plaintiff for damages is known as ________.

________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

Disparagement is an untrue statement made by one person or business about the products,services,property,or reputation of another business.

Under the doctrine of strict liability,bystanders who are injured by a defective product are entitled to the same protection as the product's consumers.

Explain the torts of appropriation and invasion of the right to privacy with examples.

Which of the following statements is true of battery?

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

Which of the following is an intentional tort?

Which of the following statements is true of the tort of assault?

________ 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.

A(n)________ refers to an alteration or a modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability.

Assumption of the risk is a defense a defendant can use against a plaintiff who knowingly and voluntarily participates in a risky activity that results in injury.

A(n)________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.