Question 1

A bystander who suffers severe emotional distress on witnessing a heinous crime can claim damages for intentional infliction of emotional distress.

Accepted Answer

A) True 
 B)False

Question 2

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 3

Which of the following torts constitutes battery?

Accepted Answer

A)  stealing a person's wallet
B)  threatening to shoot a person
C)  blackmailing a person
D)  poisoning a person's drink

Question 4

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.

Accepted Answer

A)  superseding event
B)  comparative negligence
C)  assumption of risk
D)  intervening event

Question 5

________ 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.

Accepted Answer

A)  Contributory negligence
B)  Comparative negligence
C)  Comparative fault
D)  Assumption of risk

Question 6

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 7

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

Accepted Answer

A) True 
 B)False

Question 8

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 9

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

Accepted Answer

A) True 
 B)False

Question 10

Assault and battery are mutually exclusive torts that do not occur together.

Accepted Answer

A) True 
 B)False

Question 11

Libel and slander constitute ________.

Accepted Answer

A)  the tort of outrage
B)  defamation of character
C)  the tort of appropriation
D)  intentional misrepresentation

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

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?

Accepted Answer

A)  res ipsa loquitur
B)  assumption of the risk
C)  private necessity
D)  breach of the duty of care

Question 14

A doctor driving on the wrong side of the road crashes into an eight-year-old boy riding a bicycle.Fearing the consequences,the doctor flees without reporting the accident or giving first-aid to the boy.The doctor is liable for professional malpractice.

Accepted Answer

A) True 
 B)False

Question 15

Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality or situation that caused his or her own injury.

Accepted Answer

A) True 
 B)False

Question 16

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 17

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.

Accepted Answer

A) True 
 B)False

Question 18

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 19

Which of the following best describes the tort of battery?

Accepted Answer

A)  unauthorized and harmful or offensive physical contact with another person that causes injury
B)  an action that arouses reasonable apprehension of imminent harm
C)  oral or written defamation of another person's character
D)  intentional confinement or restraint of another person without that person's consent

Question 20

________ 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.

Accepted Answer

A)  Res ipsa loquitur
B)  Negligence per se
C)  Doctrine of proximate cause
D)  Doctrine of comparative negligence

Exam 5: Intentional Torts and Negligence

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?

Correct Answer
verified

Correct Answer
verified

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.

Correct Answer
verified

Assault and battery are mutually exclusive torts that do not occur together.

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

A bystander who suffers severe emotional distress on witnessing a heinous crime can claim damages for intentional infliction of emotional distress.

Correct Answer
verified

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.

Correct Answer
verified

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.

Correct Answer
verified

Correct Answer
verified

A doctor driving on the wrong side of the road crashes into an eight-year-old boy riding a bicycle.Fearing the consequences,the doctor flees without reporting the accident or giving first-aid to the boy.The doctor is liable for professional malpractice.

Correct Answer
verified

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

Correct Answer
verified

Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality or situation that caused his or her own injury.

Correct Answer
verified

Which of the following torts constitutes battery?

Correct Answer
verified

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

Correct Answer
verified

Which of the following best describes the tort of battery?

Correct Answer
verified

________ 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.

Correct Answer
verified

________ 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.

Correct Answer
verified

Libel and slander constitute ________.

Correct Answer
verified

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

Correct Answer
verified

Exam 5: Intentional Torts and Negligence

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?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

Assault and battery are mutually exclusive torts that do not occur together.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

A bystander who suffers severe emotional distress on witnessing a heinous crime can claim damages for intentional infliction of emotional distress.

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

A doctor driving on the wrong side of the road crashes into an eight-year-old boy riding a bicycle.Fearing the consequences,the doctor flees without reporting the accident or giving first-aid to the boy.The doctor is liable for professional malpractice.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality or situation that caused his or her own injury.

Correct AnswerverifiedShow Answer

Which of the following torts constitutes battery?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which of the following best describes the tort of battery?

Correct AnswerverifiedShow Answer

________ 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.

Correct AnswerverifiedShow Answer

________ 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.

Correct AnswerverifiedShow Answer

Libel and slander constitute ________.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct Answer
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