Exam 5: Intentional Torts and Negligence

Which of the following best describes battery?

Explain the doctrine of strict liability with examples.

________ 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 young man visiting an amusement park spots a mechanical bull ride. He watches several customers ride the mechanical bull, and he decides it looks like fun. He pays a fee to ride the mechanical bull. The attendant at the ride gives the young man a piece of paper to sign prior to riding the mechanical bull. The paper says, "I understand that riding this mechanical bull is a dangerous activity which could result in serious injury." The young man signs the paper, hops up on the mechanical bull, is thrown onto the surrounding mat, and suffers a compound fracture to his leg. Is the amusement park liable in tort? Why or why not?

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Which of the following is an intentional tort?

Malicious prosecution is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.

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

In order to use the defense of assumption of risk, the defendant has to prove that the plaintiff ________.

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

Assumption of 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 homeowner is liable for negligence per se if he or she fails to repair a damaged sidewalk in front of his or her home and a pedestrian who trips on the unrepaired sidewalk is injured.

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.

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.

Michael wanted to shoot Gary but accidentally injured Stella with the bullet. Which of the following can Stella use to recover damages from Michael?

What is meant by "causation in fact"?

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

Direct physical contact, such as intentionally hitting someone with a fist, is considered battery.

Under negligence, a person is liable only for ________ events.

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