Deck 5: Intentional Torts and Negligence

Question 1

Taking pictures on an all-phone camera in a men's or women's locker room of a celebrity and then selling them may give rise to a cause of action based on appropriation.

Answer 1

True

Question 2

Punitive damages can be recovered in strict liability and intentional tort cases.

Answer 2

True

Question 3

Physical contact is not necessary to be liable for the tort of assault.

Answer 3

True

Question 4

Comparative negligence bars all recovery to a plaintiff who is even 10 percent at fault.

Question 5

Good Samaritan laws do not generally protect persons who are not medical professionals and who have not had training in CPR.

Question 6

Assumption of the risk,if present,prevents a plaintiff from recovering for negligence even if the plaintiff has proven all the required elements of negligence.

Question 7

In all defamation of character cases,the plaintiff must prove that the defendant knew that the statement was false.

Question 8

A tort claim of unfair competition seldom succeeds because of the policy of encouraging open and vigorous competition.

Question 9

Intentional infliction of emotional distress requires that the conduct be outrageous.

Question 10

Injuries suffered as a result of a tort may include past and future medical expenses.

Question 11

Transferred intent occurs when someone attempts to injure someone but actually injures someone else.

Question 12

Strict liability is liability without fault.

Question 13

True statements can be the basis for commission of the tort of invasion of the right to privacy.

Question 14

Which of the following is not one of the general categories of torts?

A) strict liability
B) rational
C) negligence
D) intentional

Question 15

A plaintiff can generally recover for negligent infliction of emotional distress for any unintentional conduct of the defendant that causes the plaintiff to suffer emotional distress.

Question 16

Once a duty and a breach of that duty is shown,all that need be proven to prevail in a negligence cause of action is that the defendant was the proximate cause of a plaintiff's injuries.

Question 17

Truth is an absolute defense in a cause of action for defamation.

Question 18

Intent is required for a product disparagement claim.

Question 19

The violation of a statute that proximately causes an injury is negligence per se.

Question 20

The reasonable person standard is used in determining the duty of care in a negligence case.

Question 21

The doctrine that is applied when a defendant violates an existing statute intended to prevent the injury in question to persons of a class that includes the plaintiff is:

A) negligence per se
B) res ipsa loquitur
C) proximate cause statute
D) concurrent statutory violation

Question 22

Damages intended to punish a defendant and deter the defendant from engaging in the same tortuous conduct in the future are called:

A) penalty damages
B) retribution damages
C) punitive damages
D) preventative damages
E) nominal damages

Question 23

Which of the following is true about intentional infliction of emotional distress?

A) Recovery is allowed anytime there is a measurable amount of mental distress.
B) There must be some physical contact with the plaintiff.
C) The defendant's conduct must go beyond all possible bounds of decency and be regarded as atrocious and utterly intolerable in a civilized society.
D) The plaintiff must have witnessed severe physical injury to a relative or other significant person in the plaintiff's life.

Question 24

The doctrine that shifts the burden of proof from the plaintiff to the defendant is:

A) negligence per se
B) res ipsa loquitur
C) apparent negligence
D) Good Samaritan

Question 25

Which of the following is the best description of misappropriation of the right to publicity?

A) claiming credit for the accomplishments of another
B) publishing the creative work of another and claiming that it is yours
C) publicly claiming to have accomplished something that you have not accomplished
D) attempting to use another living person's name or identity for commercial purposes without that person's consent
E) publicizing private information about someone without that person's consent

Question 26

A nonpublic figure in a defamation case must prove the following except that:

A) there was an untrue statement
B) the statement contained a factual assertion
C) the statement was communicated by the defendant to at least one person other than the plaintiff
D) the defendant knew the statement was false
E) the statement caused an injury to the plaintiff's reputation

Question 27

What is the definition of a tort?

A) any violation of an ethical duty
B) any crime or misdemeanor
C) any action done in violation of a prior agreement that allows the victim to recover damages
D) any civil wrong that allows the injured person to recover damages
E) any conduct by one party that is objected to by another

Question 28

Which of the following best describes the effect of Good Samaritan laws?

A) Medical professionals are obligated to stop and assist persons in need.
B) Medical professionals have a lower duty of care to strangers than to their regular patients.
C) Medical professionals cannot be held liable if they cause injury to someone they provide medical care to in an emergency.
D) Someone injured by a medical professional who is providing emergency medical care at the scene of an accident cannot recover if the injury was due to ordinary negligence.

Question 29

What differs in a defamation suit when the plaintiff is a public figure,as opposed to when the plaintiff is not a public figure?

A) Punitive damages are available.
B) The plaintiff need not prove actual injury to the reputation.
C) The plaintiff can recover even when the statement is a mere opinion.
D) The plaintiff must prove that the statement was made with malice.
E) The plaintiff must prove that the statement was made in writing.

Question 30

For which of the following torts are the general requirements for the plaintiff's case dependent on whether or not the plaintiff is a public figure?

A) defamation
B) invasion of the right to privacy
C) intentional infliction of emotional distress
D) both A and B
E) A,B,and C

Question 31

Which of the following is true about a malicious prosecution case?

A) The claim must be against a government agency for wrongfully bringing a criminal action.
B) Most victorious defendants are able to prove the elements of a malicious prosecution claim.
C) The plaintiff must prove that there were false statements made by the other party at the original trial that injured the plaintiff's reputation.
D) The plaintiff must prove that the original lawsuit was brought with malice.
E) The plaintiff must prove that there were statements made by the other party at the original trial that invaded the plaintiff's privacy.

Question 32

The tort of assault differs from the tort of battery in which of the following ways?

A) Assault is an intentional tort and battery relates to negligence.
B) Assault is a strict liability tort.
C) Assault requires the plaintiff to show that he or she was aware of the immediate danger.
D) Assault requires proof of each of the separate elements of negligence.
E) Assault claims may be brought on future threats,whereas battery claims may not.

Question 33

The doctrine applied when someone intends to cause injury to a certain person,but instead actually causes that injury to a different person is:

A) transferred intent
B) innocent bystander
C) multiple victim
D) misplaced consequence
E) res ipsa loquitur

Question 34

How is false imprisonment defined?

A) being held in jail when no formal charges have been filed
B) the intentional confinement or restraint of another without authority of justification and without that person's consent
C) the holding in prison of one who was convicted of a crime that the person did not commit
D) a confinement caused when one accidentally causes another to be confined without that person's consent

Question 35

Which of the following is true about the tort of invasion of the right to privacy?

A) The tort is actionable only by public figures.
B) True statements or facts that are disclosed can support a claim for the invasion of the right to privacy.
C) Once a fact has become public,its disclosure cannot thereafter support a claim for the invasion of the right to privacy.
D) The tort requires that the defendant entered the plaintiff's home or place of business to acquire the information that was disclosed.

Question 36

The best statement of the test applied in determining if a defendant was the proximate cause of the plaintiff's injuries is:

A) Was it foreseeable to the plaintiff that the defendant would engage in this conduct?
B) Given this particular injury to the plaintiff,was it foreseeable that the defendant was the cause?
C) Should it have been foreseeable to the defendant that the defendant's conduct could lead to this kind of injury?
D) Was the injury foreseeable to the plaintiff prior to the injury's occurrence?
E) Was it foreseeable to the plaintiff that this kind of injury could occur under the particular conditions that the injury did occur?

Question 37

Assuming that statutory requirements are met,what is protected under merchant protection statutes?

A) Merchants are protected from the intentional torts of their customers.
B) Merchants are protected from product disparagement claims of their competitors.
C) Merchants are protected from product disparagement claims of their suppliers.
D) Merchants are protected from false imprisonment claims of persons detained on suspicion of shoplifting.
E) Customers are protected from the negligent conduct of merchants.

Question 38

Which of the following is true?

A) Slander and libel are two kinds of defamation.
B) Defamation and slander are two kinds of libel.
C) Defamation and libel are two kinds of slander.
D) Slander and libel are two terms for the same tort,and defamation is a different tort altogether.
E) Slander,libel,and defamation are three terms with the same meaning.

Question 39

A medical doctor who commits medical malpractice has committed what tort?

A) defamation of character
B) intentional infliction of emotional distress
C) trespass
D) negligence

Question 40

A medical doctor who amputates the wrong arm may be held liable for which of the following?

A) medical malpractice
B) an intentional tort
C) strict liability
D) wrongful amputation
E) breach of contract

Question 41

Product disparagement differs from defamation of a nonpublic figure in that:

A) intent is required for the disparagement case,but not in the defamation case
B) intent is required for the defamation case,but not in the disparagement case
C) publication to a third party is required in the disparagement case,but not in the defamation case
D) publication to a third party is required in the defamation case,but not in the disparagement case
E) both A and D

Question 42

Persons who engage in abnormally dangerous activities such as crop dusting or blasting:

A) are liable only if all the elements of negligence are proven against them
B) are liable only if they intended to cause a particular injury
C) are generally not liable for the injuries they cause because otherwise no one would undertake these activities
D) are liable to persons they injure even if they are not at fault

Question 43

Cindy was riding her bicycle on a paved bike path and had an accident with another cyclist.Cindy's $1,000 bicycle was destroyed in the accident.If the jury determined that Cindy was 60 percent at fault and the other cyclist 40 percent at fault,under which doctrines would Cindy be entitled to recover $400 from the other cyclist?

A) contributory negligence only
B) pure comparative negligence only
C) partial comparative negligence only
D) either form of comparative negligence,but not contributory negligence
E) either form of comparative negligence as well as under contributory negligence

Question 44

Sam,who weighs 250 pounds,calls his 110-pound girlfriend,Alice,one morning while she is at work.He says,"You are to stay in your office until midnight.If you come to my house before midnight,I will make you sorry that you did." Assuming that Alice usually leaves her office at 5 p.m.but stays until midnight that night because of the threat,if Alice files a false imprisonment case against Sam,a court most likely will find which of the following?

A) There was false imprisonment because Sam's threat forced Alice to stay in the office.
B) There was no false imprisonment because Sam and Alice previously knew one another.
C) There was no false imprisonment because Alice could have left the office and stayed away from Sam's house,and because the threat related to future harm.
D) There was no false imprisonment because Alice's office was not a prison,even though it might feel like one to Alice.

Question 45

Which of the following is true about comparative negligence and contributory negligence?

A) Most states that once used comparative negligence now apply contributory negligence instead.
B) They are two names for the same defense.
C) In order to avoid liability for an unintentional tort,the defendant must prove the presence of both defenses.
D) Comparative negligence is used with intentional torts and contributory negligence is used with unintentional torts.
E) Comparative negligence allows the plaintiff to make a partial recovery whereas contributory negligence does not.

Question 46

Sam had just finished a great day of skiing as he walked toward the parking lot with his skis over his shoulders.While waiting to cross at a crosswalk,a car's horn honks down the street.He suddenly turns to see where the sound came from,and in doing so his skis swing around and hit Pam in the head,injuring her.Which of the following,if true,would give Sam the best chance of avoiding liability to Pam?

A) Sam did not intend to harm anyone when he turned to see the source of the sound.
B) The driver of the car violated an anti-noise ordinance in blowing the horn.
C) Pam had planned to cross the crosswalk as soon as traffic allowed,rather than wait for the "walk" light to indicate that it was safe to do so.
D) Pam had been walking behind Sam for several hundred yards and had observed that Sam,on several occasions,had nearly struck other persons as he carried his skis.

Question 47

A driver stopped at a convenience store to run inside briefly.The driver left the engine running and forgot to set the parking brake.The car suddenly started rolling toward two small children,and Vicki,a bystander,pulled the two children out of the way of the rolling car.Vicki is injured in the process.Can Vicki recover from the driver of the car?

A) Yes,because of the Good Samaritan rule.
B) No,because of an intervening event.
C) No,because of assumption of the risk.
D) Yes,because the driver set up the dangerous situation.

Question 48

A plaintiff wants to sue on a negligence tort,but knows that he was partly as fault.Which of the following is true?

A) A state applying contributory negligence will allow the plaintiff to recover so long as his fault is minor.
B) The plaintiff will have to elect whether to sue under comparative or contributory negligence.
C) Because the plaintiff is partly at fault,he will not be able to recover under either comparative or contributory negligence.
D) If the plaintiff's fault is only 5 percent,his recovery will be the same under either pure or partial comparative negligence.
E) In all circumstances the plaintiff will recover more under pure comparative negligence than under partial comparative negligence.

Question 49

The proximate cause requirement for a negligence tort is most likely not met where:

A) a customer becomes ill from food that is carelessly packed at a processing plant
B) a patient becomes sick from a doctor carelessly prescribing the wrong medicine
C) a customer in a building supply store carelessly drops a small can of paint that breaks open and is ignited from a spark caused when the metal can hits the concrete floor
D) a driver injures a pedestrian when rounding a curve at twice the legal speed limit
E) the victim of an accident was aware,prior to the actual accident,that the accident was likely to occur

Question 50

In the Palsgraf case,foreseeability was an issue.The question addressed by the court was:

A) Was it foreseeable to the plaintiff (Ms. Palsgraf) that the scales would fall?
B) Was it foreseeable to the plaintiff (Ms. Palsgraf) that someone in the train station would be carrying explosive fireworks?
C) Was it foreseeable to the passenger carrying the fireworks that they might explode and injure someone?
D) Was it foreseeable to the railroad employee helping the passenger onto the train that doing so might lead to injury to Ms. Palsgraf or another bystander?
E) Was it foreseeable to Ms. Palsgraf that her injury would have been caused by an explosion?

Question 51

Sandy lives on the top floor of a 10-story building in a big city.There is a 30-story apartment building under construction next door to her building.One morning while eating her corn flakes,a brand new toilet comes crashing through the roof of Sandy's apartment and injures her.She would like to sue the construction firm,but has no way of finding out or proving what persons were involved or exactly what happened.The doctrine that would most help Sandy is:

A) last clear chance
B) res ipsa loquitur
C) strict liability
D) comparative negligence
E) negligence per se

Question 52

A reporter appears on television and reports that a collegiate athlete is currently using steroids.The reporter has a sincere belief that the information is true.Subsequently,it is determined that the information is false and inaccurate.If the athlete files a lawsuit,most courts would find which of the following?

A) The reporter is not liable for the statements because of the sincerely held belief on behalf of the reporter.
B) The reporter is not liable because the athlete is considered a public figure.
C) The reporter is liable for a claim of slander.
D) The reporter is liable for a claim of libel.

Question 53

Which of the following is true about the case against McDonald's for serving very hot coffee?

A) The plaintiff was burned while driving her car.
B) McDonald's coffee was found to be the same temperature as that served by its competitors.
C) McDonald's had turned down a pretrial offer of settlement which was much lower than the amount awarded by the jury.
D) McDonald's paid the amount to the plaintiff that the jury awarded.

Question 54

Burger Prince is one of the largest hamburger chains in the nation,and fiercely competitive with the well-known chain of Captain Hook Seafood House restaurants.Captain Hook has recently introduced a new line of hamburgers in order to expand beyond seafood.Burger Prince received information that it believed was reliable indicating that the Captain Hook's burgers contained substantial amounts of filler.Burger Prince then ran advertisements saying that its pure beef burgers were better than the Captain Hook's burgers that used filler.Which of the following is true?

A) Burger Prince is liable for product disparagement because the statement about the use of filler was false.
B) Burger Prince would be liable for invasion of privacy if the formula for Captain Hook's burgers was not publicly available.
C) This is a case of palming off.
D) Captain Hook will not be able to win a product disparagement case here.
E) This is an example of intentional interference with contractual relations.

Question 55

If a plaintiff voluntarily enters into or participates in a risky activity that results in injury,what is the most likely defense that he or she may use in response to a defendant's claim that the plaintiff assumed the risk?

A) contributory negligence
B) comparative negligence
C) plaintiff had no knowledge of the danger involved when he or she participated in the activity
D) defendant was negligent per se
E) defendant assumed the risk under the "danger invites rescue" doctrine

Question 56

Mary,a 68-year-old widow,hired an electrician to make some wiring repairs to her home.The electrician accidentally started a fire that destroyed her house.Mary was not injured,but watched her house burn along with all her possessions.It was emotionally devastating to watch as she lost a whole life's worth of memories.Can she recover for negligent infliction of emotional distress?

A) Yes,because the electrician was the cause of her emotional distress through his outrageous conduct of starting the fire.
B) Yes,because her distress was genuine.
C) No,because her situation does not meet all the elements necessary to recover for negligent infliction of emotional distress.
D) No,because she assumed the risk by having someone do electrical work in her home.

Question 57

Jeff was in a department store standing near a clothing rack.Store security felt that he was acting suspiciously because he was standing close to the clothing rack and looking around.Soon after,store security notices that he quickly attempts to leave the store.Does store security have a right to stop and search Jeff according to these facts?

A) Yes; shopkeepers have a privilege to protect against theft and loss. In this case,the store security would have reasonable grounds for a stop and search.
B) No; shopkeepers have no right to stop and search a suspected thief,absent any video evidence.
C) No; the facts of this situation do not provide reasonable grounds for a stop and search. Any attempt to do so by store security could result in a claim of false imprisonment.
D) No; the facts of this situation do not provide reasonable grounds for a stop and search. Any attempt to do so by store security could result in a claim of battery.

Question 58

The legal effect of the presence of a superseding event is that:

A) the defendant is not liable even if the plaintiff has proved all the elements of negligence
B) the plaintiff and defendant will share liability
C) the burden of proof shifts from the plaintiff to the defendant
D) intent must be proven in addition to the elements of negligence

Question 59

While Jack is attending a baseball game cheering for the home team,a fan of the other team sneaks up behind him and hits Jack on the head with a hard piece of pizza crust,injuring Jack.Jack has no idea he is about to be hit and is severely embarrassed when his friends see that he was injured by a pizza crust.Which of the following torts has the fan committed?

A) assault
B) battery
C) assault and battery
D) battery and negligent infliction of emotional distress
E) assault,battery,and negligent infliction of emotional distress

Question 60

Which best describes assumption of the risk in a negligence case?

A) The plaintiff knowingly and willingly subjected herself to a risk,and by doing so,is not able to collect from a defendant even if all of the elements of negligence are present.
B) The defendant gave advance warning to the plaintiff that an injury would occur.
C) The plaintiff is more at fault than the defendant in causing the accident.
D) The plaintiff was involved in an abnormally dangerous activity.
E) The defendant knew that the conduct was risky,but nonetheless chose to engage in it.

Question 61

Ray and Rayetta were on a camping vacation in Maine.They had reservations for themselves and their car on a ferry from Bar Harbor,Maine to Nova Scotia.Because they had their two mountain bikes mounted upright on a roof rack on their car,they had to use a special line including motor homes,vans,and other high vehicles.Upon loading onto the ferry,all of these high-profile vehicles used the rightmost of the six parallel lanes on the auto deck of the ferry.When the drivers returned to their cars upon reaching Nova Scotia,they were directed off the ferry by ferry employees.The driver of the motor home immediately in front of their car had not returned by the time all of the cars from other lanes had exited.After waiting for another 10 minutes,one of the ferry employees motioned Ray and Rayetta to turn to the left into the next lane rather than wait for the motor home to move.Ray and Rayetta followed the employee's hand signals,but unfortunately their bikes struck a low clearance pipe and the frames of both bikes were destroyed.Discuss the issues and outcome of their lawsuit against the ferry company.

Question 62

Powdersurf is a manufacturer of snowboards.Powdersurf is an aggressive marketer,and new to this product line.Powdersurf has adopted several strategies to help it rapidly build market share.One approach was to make the designs and graphics of some of its snowboards nearly identical to those of the industry leader's snowboards.In addition,Powdersurf has begun an advertising campaign that criticizes its competitor's products.For example,it has made several claims,known to be false,about the materials used in the competitor's boards.It has also made claims about a tendency of one competitor's boards to break during use.This was based on an independent lab's report that later proved to be false.Lastly,Powdersurf made several allegations about the president of the leading competitor,primarily claiming that this well-known snowboarding pioneer had not accomplished all that he claimed.Powdersurf believed that its allegations were correct,but it turned out that they were wrong.Discuss any tort claims that might be brought against Powdersurf and their likely resolution.

Question 63

Sam is a business executive who flies often in connection with work.After the September,2001 terrorists' destruction in New York and Washington,Sam flew less frequently.In response to the attacks,new federal regulations made the federal government responsible for all airport security personnel.In most cases,including at Sam's home airport,the government met the obligation by hiring private contractors to provide the security services.These firms were heavily regulated and controlled by the government.Also,in the new regulations were profiling guidelines that required additional security screenings for persons meeting such guidelines.These guidelines were partly secret,but it was known that members of certain races were much more likely to fall within them.In addition,on average,six times as many males as females met the guidelines.Shortly after these regulations were in place,Sam went to his airport and found extremely long lines at the security checkpoint.He waited in line nearly 3 hours.As he was about 10 people away from being screened,an irate passenger,Marvin,came running through the line screaming that he was about to miss his flight.Marvin accidentally hit Sam forcefully,breaking Sam's arm.In addition,Sam had his pet ferret (a small animal,an exotic pet)in his coat pocket.The impact caused the ferret to die.Marvin said that the slowness and incompetence of the security personnel had caused him to "lose it." When Sam reached the security checkpoint,he was pulled aside for additional screening.This involved waiting in an additional line for 30 minutes longer.Sam learned that he had to go through the additional security because he was returning home on the same day,had no checked baggage,and was male.Sam has sued both the security screening company and Marvin for his injuries and the loss of his ferret,and emotional distress related to these.Discuss Sam's claims,any defenses and their likely resolution.

Question 64

A reporter appears on television and declares that the head coach of a professional sports team is "the worst coach in the history of sports." The coach subsequently files a lawsuit against the reporter.A court would most likely determine which of the following?

A) The reporter is liable for a claim of slander.
B) The reporter is liable for a claim of libel.
C) The reporter is not liable because truth is an absolute defense.
D) The reporter is not liable because the statement is an expression of opinion.

Question 65

In what circumstances should persons be liable for materials put on Internet Web sites? For example,should persons who post bomb-making information be responsible to the victims of someone who acts on this information? Should persons be liable who call for someone to be killed,but take no action themselves toward accomplishing this other than to call for others to do the killing? What if someone makes extremely derogatory comments about another person or corporation and widely distributes them? In this circumstance,should the defamation requirement that the statements be fact,and not opinion,apply?