Exam 5: Intentional Torts and Negligence

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

A defendant can be held liable for injuries caused by a superseding event.

A commercial airliner crashes into the Atlantic Ocean, killing all passengers and crew onboard. What special negligence doctrine would be applicable in the ensuing lawsuits against the airline? What factors must be established in order for plaintiffs to successfully employ this special negligence doctrine?

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.

If a woman is informed of her husband being run over by a bus the previous night, she can recover damages for negligent infliction of emotional distress.

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.

George, Jerry, and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts fail and become unfastened during take-off. The airline is sued by all three together for injuries caused, and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages?

Harvey was at his college reunion where he met Raymond, his former roommate. Harvey and Raymond did not get along well at the reunion. Offended by something Raymond mentioned, Harvey punched him in the face, which broke his jaw. Harvey is liable for ________.

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

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

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?

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

A threat of future harm or moral pressure is not considered false imprisonment.

If a defendant makes an untrue statement of fact about the plaintiff and the statement is intentionally or accidentally published to a third party, the defendant is held liable for misappropriation of the right to publicity.

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

John was on his way home when an assailant stopped his car and threatened to physically harm him if he ever saw him drive on that street again. John can sue the assailant to recover damages for ________.

Jessica is babysitting Kyle one afternoon when Kyle starts bleeding from his nose. Jessica manages to stop the bleeding and rushes out to the nearest pharmacy-three miles away-to get medication for him. While doing so, she locks the house from outside and asks Kyle not to leave the house until she returns. The only way he can get out of the house is by breaking a window. Due to a roadblock on her way back, Jessica is delayed by an hour. Which of the following statements is true in this case?

The violation of a statute that proximately causes an injury is termed as ________.

An actor wins a part in a play over another actor. To get back at the selected actor, the rejected actor files a lawsuit against the selected actor alleging intentional infliction of emotional distress, defamation, and negligence. The jury returns a verdict exonerating the defendant. The defendant is now entitled to sue the plaintiff for ________.