Question 1

Accidentally killing a person while driving in an intoxicated condition is an example of a situation in which the family of the deceased person could sue for the tort of ____________________.

Accepted Answer

The answer of Accidentally killing a person while driving in...

Question 2

Deliberately misleading a person to the point where he or she suffers damages is called ____________________.

Accepted Answer

The answer of Deliberately misleading a person to the point...

Question 3

Raleigh, age ten, punctured the tires on his neighbor's car. This act would be classified as

Accepted Answer

Raleigh's act of puncturing the tires on his neighbor's car is an example of trespass, specifically trespass to chattels, which involves intentionally interfering with another person's lawful possession of personal property. Negligence involves a failure to exercise reasonable care, assault involves an act that puts another in apprehension of imminent harmful or offensive contact, and battery involves actual harmful or offensive contact with another person.

Question 4

For several weeks Bates used his noisy power lawn mower every Sunday morning at sunrise. Several neighbors asked him to mow his lawn at another time; Bates refused. The best legal course of action for the neighbors to take to stop this nuisance would be to

Accepted Answer

Seeking a court injunction is the most direct and effective legal remedy to stop a nuisance. It would legally require Bates to cease the specific action (using the noisy power lawn mower at sunrise) that is disturbing his neighbors.

Question 5

Johnson leaves her garbage in open containers, causing obnoxious odors in her neighborhood. This is an example of

Accepted Answer

Leaving garbage in open containers that cause obnoxious odors affects the neighbors' enjoyment of their property, which is a classic example of a nuisance. A nuisance is an act that is harmful or offensive to the public or a member of it and for which there is a legal remedy.

Question 6

In virtually all intentional tort cases, the person suing must prove an element of ____________________.

Accepted Answer

The answer of In virtually all intentional tort cases, the...

Question 7

The terms "foreseeability" and "proximate cause" are associated with the tort of

Accepted Answer

Foreseeability and proximate cause are key concepts in negligence, which involves a failure to exercise reasonable care resulting in harm.

Question 8

Which statement made by a salesperson as an inducement for selling a power lawnmower to Bartkovich could most likely become the basis of a successful lawsuit for fraud if the statement proved to be false?

Accepted Answer

The statement in D is specific, measurable, and can be proven false, making it a potential basis for a lawsuit for fraud if it turns out to be untrue. Statements A, B, and C are subjective opinions and thus less likely to be grounds for fraud.

Question 9

A person bringing a lawsuit for negligence must prove, among other things, that

Accepted Answer

To establish negligence, it is necessary to show that the defendant's act or failure to act was the proximate cause of the plaintiff's loss, meaning it directly led to the harm. Negligence does not require the act to be deliberate, involve a public official, or be associated with a crime like assault.

Question 10

A tort resulting from carelessness is

Accepted Answer

Malpractice is a type of negligence, which is a tort resulting from carelessness. It specifically refers to professional negligence where a professional fails to perform their duties to the required standard of care.

Question 11

Marks, who innocently purchased a used television that had been stolen by the seller, was requested to surrender the television. Marks would not surrender the set until he was reimbursed the money he paid. Marks is guilty of the tort of

Accepted Answer

Marks is guilty of conversion because he is exercising unauthorized control over the television, which is property that does not rightfully belong to him, despite his initial innocent acquisition. Conversion involves the wrongful possession or use of property without permission from the owner.

Question 12

It is more difficult for a(n) ____________________ to prove libel or slander than it is for a private citizen.

Accepted Answer

The answer of It is more difficult for a(n) ____________________...

Question 13

An obstetrician improperly delivered five babies by using instruments that caused these babies to be born with broken bones and brain damage. The parents initiated a lawsuit against the surgeon to recover money damages. The correct basis for the parents' lawsuit is

Accepted Answer

The correct basis for the lawsuit is negligence, as the obstetrician failed to exercise the appropriate level of care expected of a medical professional, resulting in harm to the babies.

Question 14

Damages awarded as actual, measurable damages suffered are called

Accepted Answer

Compensatory damages are intended to compensate the plaintiff for actual losses suffered, reflecting the amount necessary to restore the plaintiff to their position before the harm occurred.

Question 15

By orally repeating a rumor that he knew to be false, Ralston caused injury to Hicks' reputation. Ralston was guilty of

Accepted Answer

Slander involves making a false spoken statement damaging to a person's reputation. Since Ralston orally repeated a rumor he knew to be false, causing injury to Hicks' reputation, it constitutes slander.

Question 16

An example of a tort that is not intentional is

Accepted Answer

Negligence is a tort that does not require intent. It occurs when someone fails to take reasonable care to avoid causing injury or loss to another person.

Question 17

The defenses to intentional torts are

Accepted Answer

Consent, privilege, necessity, and truth are recognized defenses to intentional torts, addressing the legality or justification of actions that might otherwise be considered tortious.

Question 18

Jerold told her friends that her doctor had once been successfully sued for malpractice. Although the statement was true, the doctor was able to sue Jerold in tort for

Accepted Answer

The answer of Jerold told her friends that her doctor...

Question 19

Damages that are awarded by the court to an injured party in excess of the actual damages suffered for the other party's deliberate, wrongful acts are known as

Accepted Answer

Punitive damages are awarded in addition to actual damages in certain circumstances. They are intended to punish the defendant for their actions and deter similar conduct in the future.

Question 20

____________________ is defamation expressed in writing.

Accepted Answer

The answer of ____________________ is defamation expressed in writing....

Quiz 4: Tort Law: Traditional Torts and Cyber Torts