Exam 9: Torts

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If the plaintiff has either engaged in or refrained from actions that are at least partially to blame for the injuries received,what negligence has occurred?

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The tort of invasion of privacy always requires the misappropriation of another's name or likeness.

(True/False)
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Which of the following is a defense to defamation?

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The degree of care required of a person is:

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Philip Laws leased an apartment from Candice Sutton.Laws had notified Sutton on more than one occasion that the wooden steps to his apartment were decaying and in need of repair.Laws claimed that he had to leave the outside light on to avoid portions of the steps that no longer would bear his weight when he came in at night.Sutton promised to repair the steps while Laws was away on a business trip.Accordingly,Laws did not leave lights on during his absence.When he returned three nights later,Laws was injured when one of the steps broke under his weight as he was entering his apartment.Laws sued Sutton.Sutton replied that she should not bear liability for Laws' injury because Laws knew of the condition of the steps and had not taken the customary precaution of lighting the area.Based on what you have learned in this chapter,decide the case.

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Assault is the intentional,wrongful touching of another person without that person's consent.

(True/False)
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In order to establish the tort of false imprisonment,a person must show imprisonment for:

(Multiple Choice)
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Professionals have a duty to perform their functions at the same level as would a reasonable person.

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Professionals have a duty to perform their jobs at the level of:

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Oral or spoken defamation is:

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Governments are generally immune from tort liability.

(True/False)
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Strict liability is one type of tort.

(True/False)
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If a crime does not hurt an identifiable person,it is not a tort.

(True/False)
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John owed Barney money.Barney called John's home several times per day for five weeks asking for repayment,with some of the calls coming after midnight.Barney might be liable for:

(Multiple Choice)
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The assumption of risk defense has been abolished in several states.

(True/False)
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An absolute privilege is available as a defense to slander liability when:

(Multiple Choice)
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A trespass to personal property is any unpermitted entry below,on,across,or above the land of another.

(True/False)
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Maria intentionally attempts to have Patty break a contract with Alfred.Maria will be liable under which theory of tort?

(Multiple Choice)
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Offensive or derogatory language used by one person to describe another constitutes the tort of slander.

(True/False)
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John was driving his car in a careless way,failing to drive as a reasonably prudent person would under the driving conditions.Ramona was crossing the street in a careless way,failing to cross as a reasonably prudent person would.John struck and injured Ramona with the car John was driving.At trial,it was determined that John was 80 percent at fault and that Ramona was 20 percent at fault.The injuries sustained amounted to $100,000.Explain how much,if any,recovery Ramona would receive in a state that applies the contributory negligence rule.Do the same thing for a state that applies the comparative negligence rule.

(Essay)
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