Question 1

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

Accepted Answer

A)   appropriation
B)   the Good Samaritan law
C)   duty of care
D)   res ipsa loquitur C

Question 2

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

Accepted Answer

A) True 
 B)False  False

Question 3

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?

Accepted Answer

Res ipsa loquitur would be applicable in the post-crash lawsuits. Res ipsa loquitur means "the thing speaks for itself" in Latin. Once it has been established that defendant had exclusive control over the aircraft and that the injury would not have occurred but for someone's negligence, then the burden of proof would be shifted to the defendant airline. There would be a presumption of negligence which the airline would then have to disprove or be held liable for the crash.

Question 4

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.

Accepted Answer

A) True 
 B)False

Question 5

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.

Accepted Answer

A) True 
 B)False

Question 6

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.

Accepted Answer

A)   strict liability
B)   assumption of risk
C)   comparative negligence
D)   contributive negligence

Question 7

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?

Accepted Answer

A)   George, a retired professor who gets a pension of $50,000 a year
B)   Jerry, a football player who earns $2 million a year
C)   Harry, a chartered accountant who earns $200,000 a year
D)   George, Jerry, and Harry

Question 8

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 ________.

Accepted Answer

A)   breach of duty of care
B)   disparagement
C)   battery
D)   assault

Question 9

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 ________.

Accepted Answer

A)   tort of outrage
B)   breach of duty of care
C)   negligent infliction of emotional distress
D)   transfer of intent

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A)   contributory negligence
B)   comparative fault
C)   proximate cause
D)   assumption of risk

Question 12

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?

Accepted Answer

A)   the civic authority
B)   Kate Geller
C)   the residents' association of the locality
D)   the pedestrian

Question 13

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

Accepted Answer

A)   Physical contact is the only requirement for a tort of assault.
B)   An attack is considered an assault only if the defendant was provoked to attack a plaintiff.
C)   An attack is not considered an assault if the defendant was provoked to attack a plaintiff.
D)   Actual physical contact between plaintiff and defendant is not necessary.

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

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.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

The answer of When and how can a plaintiff claim...

Question 17

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 ________.

Accepted Answer

A)   assault
B)   battery
C)   libel
D)   disparagement

Question 18

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?

Accepted Answer

A)   Jessica is liable for kidnapping.
B)   Jessica is liable for negligence as well as breach of duty of care.
C)   Jessica can be sued for false imprisonment.
D)   Jessica is not liable for an intentional tort.

Question 19

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

Accepted Answer

A)   disparagement
B)   res ipsa loquitur
C)   negligence per se
D)   misappropriation

Question 20

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 ________.

Accepted Answer

A)   tort of outrage
B)   malicious prosecution
C)   intentional misrepresentation
D)   misappropriation of the right to publicity

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.

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.

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 ________.

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 ________.

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