Exam 2: Torts and Professional Liability

Jed played hockey for his company's team.During the playoffs,three seconds after a play,he was deliberately hit in the back with a stick by Ed,a player on the opposing team.The hit broke Jed's rib.If Jed sued Ed,which of the following is true?

The purchaser of a bottled beverage is more likely to be successful in a suit for damages against the manufacturer as a result of becoming ill if:

A civil court can assess only compensation and not punitive damages.

Ms.Reed attended the zoning offices of the city.She explained to the chief zoning officer,Mr.Shore,that she was interested in a piece of property,but only if it were zoned as a "multiple-family dwelling." Mr.Shore checked the property himself and assured her it was zoned as a "multiple-family dwelling," but he had not checked the new regulations properly.Relying on his statement,Reed invested $300 000 in the purchase and development of the property.When the apartment building was half finished,she was informed by the city that her building was unacceptable because the property was zoned as a "duplex." Upon hearing this news,she rushed to the zoning offices and approached Mr.Shore,started yelling,and threw her briefcase at him.He ducked; she missed.When she persisted in yelling,he threw some cold water in her face.On these facts,which of the following is true?

Distinguish between libel and slander.

You cannot trespass in a public mall.

Bill and Sal worked for Mrs.Greenlawn,a lawn-care company.One morning they attended at a new customer's residence.While in the process of applying fertilizer to the lawn,the boys mistakenly applied strong weed killer that caused the grass to turn brown and die.The boys failed to follow the employer's directive that they double check to ensure that fertilizer was being used.The owner of Mrs.Greenlawn apologized to the homeowner but indicated that it was not her fault and she would not be paying for the costs of sodding the entire lawn.Is the position taken by the owner of Mrs.Greenlawn correct at law?

If a person attempts to help,there is no duty to exercise reasonable care.

How are professionals treated differently under the rules of negligence?

Sarah Iris,a middle-aged woman,was struck down as she crossed the street at 41st and Knight,by a car whose driver accidentally went through a red light.She was not killed,but was badly injured.Unfortunately,she was suffering from osteoporosis,a condition in which her bones had lost most of their mass and were fragile and brittle.Consequently,the bones in her legs were not expected to heal.She lost the use of her legs.She successfully sued the driver for negligence.With regard to the amount of damages to be paid by the defendant,which of the following is correct?

Some people have implied permission to be on your land.

Clark was at Computerheaven Ltd.and asked for a box of the highest-grade computer paper.Don,an employee,went to the back to get it,but he didn't know which of the five choices available was the best grade of paper.He took out a box of paper called "superstuff" and told Clark that was the highest-grade paper,even though he wasn't sure it was.Clark bought it.On the way out,Clark,a successful freelance computer programmer for the last five years,asked Don some questions about a new laser printer on display.Don started giving Clark his sales pitch,and Clark said with a smile,"I don't think you know what you're talking about." Don flushed and yelled,"You go to %^&%! You call yourself a programmer and you don't know anything about programming.You're a first-class fraud!" A client of Clark's overheard this conversation.Clark called Don a "jerk" and turned to go.As he was walking out the door,Don threw a hard disk drive at him and hit Clark in the back of the head.Considering the legal meaning of the following,indicate which would be successful based on these facts?

Explain the difference between qualified and absolute privilege.

Which of the following is true related to a private citizen's authority to make an arrest and false imprisonment?

When someone intentionally scratches your car,for what can you sue?

A continuing trespass can be remedied by damages.

Discuss strategies and practices that a business person (or a company)might use to avoid being a defendant in a tort action.

With intentional torts such as assault and battery,false imprisonment,or trespass,it is necessary that actual damage be shown.

A person can be sued for trespass when he or she accidentally crashes into another person's property after losing control of his or her car.

We owe a duty to anyone we can reasonably anticipate might be harmed by our conduct.