Question 1

The single recovery system

Accepted Answer

A)  requires a party to choose one source of damages to sue for. 
B)  Allow a party to sue one defendant and then apportion the judgement among all the defendants 
C)  Only lets a party sue one time for damages 
D)  requires a court to settle a matter once and for all.

Question 2

Dewayne sold a space heater to Vivian,telling her it would heat a 200-square-foot area,even though he knew it would effectively heat only about one third of that space.Dewayne is liable for the intentional tort of fraud.

Accepted Answer

A) True 
 B)False

Question 3

Howson won a lawsuit against Hardwick for intentionally inflicting emotional distress.The jury awarded Howson $500,000 in compensatory damages.It also awarded Howson $4 million in punitive damages because Hardwick was quite wealthy and the jury thought a large amount was necessary for Hardwick to feel the punishing effects of the judgment.How does the jury's award fit into the guidelines offered by the U.S.Supreme Court?

Accepted Answer

A)  The punitive award is excessive because it exceeds the Supreme Court's suggested ratio of compensatory damages to punitive damages. 
B)  The punitive award is excessive because the Supreme Court has stated that the trial court may not use the defendant's wealth as an excuse to award an unreasonably high award. 
C)  The punitive award is excessive both because of the ratio of compensatory damages to punitive damages and because the punitive damage award was based partly on the defendant's wealth. 
D)  The jury award is not excessive based on the Supreme Court's guidelines.

Question 4

Which of the following is a true statement about tort reform?

Accepted Answer

A)  Almost all the states have passed statutes limiting the amount a jury can award in a tort case. 
B)  Congress has proposed and debated bills placing limits on tort awards,but so far has not enacted such legislation. 
C)  Large medical malpractice awards account for about 60 percent of the dramatic increase in health care costs in the United States during the last two decades. 
D)  All of the above.

Exam 5: Intentional Torts and Business Torts

The single recovery system

Dewayne sold a space heater to Vivian,telling her it would heat a 200-square-foot area,even though he knew it would effectively heat only about one third of that space.Dewayne is liable for the intentional tort of fraud.

Which of the following is a true statement about tort reform?