Question 1

Under the doctrine of ________,the plaintiff's negligence is an absolute bar to recovery against the defendant.

Accepted Answer

Under the doctrine of contributory negligence, if the plaintiff is found to have contributed to his or her own injury in any way, even if it is just 1%, then the plaintiff cannot recover any damages from the defendant. This is considered an absolute bar to recovery and is followed in only a few states in the US. Most states have now adopted some form of comparative negligence, which allows for recovery even if the plaintiff was partly at fault for his or her injuries.

Question 2

Which of the following was the result in Lev v.Beverly Enterprises-Massachusetts,Inc.,the case in the text involving whether an employer could e held liable for negligence when an intoxicated employee causes an automobile accident after leaving a restaurant where he discussed work with his supervisor over drinks?

Accepted Answer

The court found that the employer was not liable because the employee's actions were outside the scope of employment and the employer did not have control over the employee's conduct after leaving the restaurant.

Question 3

__________ is the publication of statements derogatory to the quality of the plaintiff's business,to the business in general or to the plaintiff's personal affairs in order to discourage others from dealing with him or her?

Accepted Answer

Disparagement, also known as trade libel or product disparagement, refers to the publication of false or misleading information that harms the reputation of a person or entity's business, products or services. It is a type of defamation that is specifically aimed at discouraging others from doing business with the plaintiff.

Question 4

Which of the following was the result in Labaj v.VanHouten,the case in the text involving whether in order to find an employer negligent for failing to protect an employee from being attacked by a dog,the dog had to have abnormally dangerous propensities?

Accepted Answer

The court found that an employer can be negligent for failing to protect an employee from being attacked by a dog, even if the dog is not known to possess abnormally dangerous propensities.

Question 5

Which of the following is true regarding battery?

Accepted Answer

Battery is a tort that involves the intentional, nonconsensual, harmful or offensive contact with the plaintiff's body or with something in contact with it. Therefore, option B is the most accurate definition of battery.

Question 6

Which of the following was the result in Bodah v.Lakeville Motor Express,Inc.,the case in the text involving whether a company violated its employees' right to privacy by transmitting their names and Social Security numbers to managers in the company in an unsecured manner that could lead to identity theft?

Accepted Answer

The result in Bodah v. Lakeville Motor Express, Inc. was that the court ruled that the employees could not proceed with an action for invasion of privacy because no publication of the information at issue occurred. The court found that the transmission of the names and Social Security numbers to managers did not constitute publication because it was intended for internal use only and did not involve disclosure to third parties. Therefore, there was no invasion of privacy.

Question 7

The wrongful interference with the right to the quiet use and enjoyment of land is associated with the tort of

Accepted Answer

The tort of nuisance is defined as a wrongful interference with the right to quiet use and enjoyment of land. This can include things like noise, odors, or other disturbances that make it difficult or unpleasant for a landowner to use and enjoy their property. Trespass, ultra hazardous activities, and strict liability are separate torts that do not necessarily involve interference with the quiet use and enjoyment of land.

Question 8

In which of the following situations would the doctrine of res ipsa loquitur apply?

Accepted Answer

The doctrine of res ipsa loquitur applies when the incident is of a kind that would not occur in the ordinary course of events without negligence, the instrumentality causing the injury was within the defendant's exclusive control, and the plaintiff did not contribute to the injury in any way. In this case, the presence of a surgical sponge in the plaintiff's stomach after surgery would not occur without negligence, and the defendant (the surgeon/hospital) had exclusive control over the surgery and the items used during it.

Question 9

Paul attempted to hit Bruce without good cause; but Bruce ducked,and Paul hit Alice instead. Alice was shocked when she felt the blow because she had been looking the other way and did not see it coming. Which of the following is true regarding the cause of action,if any,Alice would have against Paul?

Accepted Answer

The answer of Paul attempted to hit Bruce without good...

Question 10

Which of the following is true regarding assault?

Accepted Answer

The answer of Which of the following is true regarding...

Question 11

Which of the following does not involve liability for an intentional tort?

Accepted Answer

Successor liability is not an intentional tort. It is a form of liability for a company that acquires another company and is held responsible for the acquired company's liabilities. Intentional torts involve deliberate actions that cause harm to another person, such as battery, false imprisonment, and invasion of privacy.

Question 12

Which of the following is not a part of the measure of compensatory damages?

Accepted Answer

Damages to deter others from engaging in similar conduct are part of punitive damages, not compensatory damages. Compensatory damages are meant to compensate the plaintiff for their actual losses, such as medical expenses, loss of income, and property damage.

Question 13

The U.S.Supreme Court has held that in order for a public official or public figure to recover damages for defamation by a media defendant,there must be a showing of

Accepted Answer

The U.S. Supreme Court has held that for public officials or public figures to recover damages for defamation by a media defendant, they must prove actual malice, meaning that the defendant knowingly or recklessly made false statements with the intent to harm the plaintiff's reputation. Negligence is not enough, and invasion of privacy is a separate legal claim.

Question 14

The tort of negligence does not include the element of ______.

Accepted Answer

The tort of negligence does not require intent, as it is based on a standard of care that a reasonable person would exercise in a given situation. Rather, it focuses on whether a defendant breached their duty of care and caused harm to the plaintiff through their actions or inaction. Duty, causation, and fault are all necessary elements of a negligence claim.

Question 15

Which of the following are the three main credit agencies in the U.S.?

Accepted Answer

The three main credit agencies in the U.S. are Experian, Equifax, and TransUnion. Option D lists the correct three credit agencies. Options A, B, and C are incorrect.

Question 16

What does the term respondeat superior mean?

Accepted Answer

Respondeat superior is a legal doctrine that holds the employer liable for the negligent acts of its employees. It literally means "let the master answer," indicating that the employer is responsible for the actions of the employee who is acting within the scope of their employment.

Question 17

Which of the following is the exercise of dominion and control over the personal property,rather than the real property,of another?

Accepted Answer

Conversion is the exercise of dominion and control over the personal property of another, without the owner's consent, and without lawful justification. Trespass, on the other hand, is the unauthorized interference with another person's property, whether it is real or personal. Invasionary deceit is not a legal term. Therefore, the correct answer is A) Conversion.

Question 18

Which of the following was the result in Burlarley v.Wal-Mart Stores,Inc.involving whether an employer may be held vicariously liable for injury to a customer caused by an employee who was joking around during her shift and threw items in the plaintiff's face?

Accepted Answer

The Burlarley v. Wal-Mart Stores, Inc. case resulted in no liability on the part of the store because the cashier acted for personal reasons, not in furtherance of any duty owed to the store. This means that the employee's actions were not within the scope of their employment, and therefore the employer cannot be held vicariously liable. The other options presented in the question (lack of policy discouraging joking and the act occurring within scheduled working hours) are not relevant to the outcome of this case.

Question 19

Spoken defamation is known as

Accepted Answer

Spoken defamation is known as slander.

Question 20

Written defamation is known as

Accepted Answer

Written defamation is known as libel, while spoken defamation is known as slander.

Quiz 9: Torts and Privacy protection