Exam 5: Intentional Torts and Negligence

A participant in an activity covered by strict liability laws will be held liable for any injuries caused by the activity, even if he or she was not negligent.

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

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?

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

Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________.

The threat of immediate harm or offensive contact is termed as ________.

Res ipsa loquitor is a tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care.

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

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.

Which of the following statements is true of battery?

________ 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.

Causation in fact refers to a point along a chain of events caused by a negligent party after which the party is no longer legally responsible for the consequences of his or her actions.

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

Libel and slander constitute ________.

Tom is a famous athlete. A magazine published an interview with his ex-girlfriend in which she falsely claimed that Tom took performance enhancing drugs for several years. Tom can sue his ex-girlfriend for ________.

If a nurse administers CPR to save the life of a dying man and negligently injures the man's arm in the process, the nurse cannot be sued as he or she is protected by Good Samaritan statutes.

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

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.

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 holds 80 percent of the responsibility for the accident and the jaywalker holds 20 percent of the responsibility. 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 ________.

Disparagement refers to the liability of a professional who breaches his or her duty of ordinary care.