Exam 5: Intentional Torts and Negligence

If a person did not have knowledge that his representation of facts was false,he is still liable for fraud.

Assault and battery are mutually exclusive torts that do not occur together.

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

Which of the following best describes the tort of battery?

Prado Loyola is a race-car driver who has signed an agreement with the racing team Provolt,stating that Provolt is not responsible for the dangers involved in racing and that Loyola participates in all car races voluntarily,with full knowledge of the risk of injury or death that might result as a consequence.During the course of the race,a slight drizzle that covers the windshield affects Loyola's visibility,and he misses a turn,resulting in a crash.Which of the following defenses can the Provost team cite to protect itself from liability in the event that Loyola sues them?

Under the ________ doctrine,damages are apportioned according to fault.

A bystander who suffers severe emotional distress on witnessing a heinous crime can claim damages for intentional infliction of emotional distress.

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

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 ________.

A tort can be considered an assault without there being any actual physical contact.

Which of the following torts constitutes battery?

A pedestrian trips and falls on a poorly-lighted sidewalk in front of Kate Geller's house and is injured.If the pedestrian sues for damages,which of the following parties would be liable to pay the damages?

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.

Comparative negligence is a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

________ 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.

The term ________ refers to a defense a defendant can use against a plaintiff who knowingly and voluntarily entered into or participated in an activity that had a high probability of resulting in injury to the plaintiff.

Libel and slander constitute ________.

A doctor driving on the wrong side of the road crashes into an eight-year-old boy riding a bicycle.Fearing the consequences,the doctor flees without reporting the accident or giving first-aid to the boy.The doctor is liable for professional malpractice.

________ refers to a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

If a newspaper review calls a commercially-successful actor talentless,it is liable for defamation of character.