Question 1

According to the text,is an employer negligent for failing to protect an employee from being attacked by a dog,whether or not the dog is known to have abnormally dangerous propensities? (See the Labaj v.VanHouston case.)

Accepted Answer

The Labaj v. VanHouston case established 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. This means that an employer has a duty to provide a safe working environment and take reasonable measures to protect their employees from known risks, including the risk of a dog attack. Therefore, choice D is the correct answer.

Question 2

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

Transferred intent applies here, allowing Alice to have a cause of action against Paul for battery, as the intent to hit Bruce transfers to Alice.

Question 3

Written defamation is known as:

Accepted Answer

Written defamation is known as libel. Libel refers to any written or printed false statement that causes harm to a person's reputation.

Question 4

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 their permission or lawful justification. Trespass is the unauthorized entry onto or use of another person's real property, not their personal property. Invasionary deceit is not a recognized legal term.

Question 5

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

Accepted Answer

The doctrine of res ipsa loquitur applies when there is an injury or accident that would not have occurred without negligence on the part of the defendant, and when the plaintiff does not have direct evidence of the defendant's negligence. In this situation, the surgical sponge was left in the plaintiff's stomach after the surgery, and it would not have been there without negligence on the part of the medical staff.

Question 6

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

Accepted Answer

Contributory negligence is a legal defense that prevents the plaintiff from recovering damages if their own negligence contributed to the injury or incident in question. Under this doctrine, any amount of negligence on the part of the plaintiff is an absolute bar to recovery against the defendant. This means that even if the defendant was primarily responsible for the plaintiff's damages, if the plaintiff was also negligent in any way, they cannot recover any damages from the defendant.

Question 7

The United States is regarded as providing adequate privacy protection under privacy laws of the European Union.

Accepted Answer

The European Union does not consider the United States as providing adequate privacy protection under their privacy laws, and therefore, data transfers from the EU to the US are subject to additional safeguards such as the Privacy Shield or Standard Contractual Clauses.

Question 8

Which of the following is true regarding assault?

Accepted Answer

Assault is defined as an intentional act that creates a reasonable apprehension in another of an imminent harmful or offensive contact. It does not require actual fear, just the apprehension of such contact.

Question 9

What does the term respondeat superior mean?

Accepted Answer

Respondeat superior translates to "let the master answer" in Latin. This legal doctrine holds the employer responsible for the actions of their employees, while they are acting within the scope of their employment.

Question 10

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

Accepted Answer

Successor liability is a type of tort law where one entity is held liable for the actions of another entity that it has acquired, such as in a merger or acquisition. It does not involve intentional torts such as battery, false imprisonment, or invasion of privacy.

Question 11

Spoken defamation is known as:

Accepted Answer

Spoken defamation is known as slander. Libel refers to written defamation, malicious intent is the intention to harm someone, and invasion of privacy is the violation of someone's right to privacy.

Question 12

According to the text,can an employer be held liable for negligence when an intoxicated employee causes an automobile accident after drinking alcohol at a company function? (See theLev v.Beverly Enterprises-Massachusetts,Inc.,case.)

Accepted Answer

The text mentions the case of Lev v. Beverly Enterprises-Massachusetts, Inc. where the court held that an employer can be held liable for negligence when an intoxicated employee causes an automobile accident after drinking alcohol at a company function, based upon the principle of vicarious liability. Therefore, option (A) is the correct answer. Option (B) is not mentioned in the text, option (C) is incorrect as having an alcohol-abuse policy does not necessarily absolve an employer of liability, and option (D) is also incorrect as the employer can be held liable under certain circumstances.

Question 13

Which of the following is true regarding battery?

Accepted Answer

Battery is defined as the intentional, nonconsensual, harmful or offensive contact with the plaintiff's body or with something in contact with it. This means that the defendant must have intended to cause contact that is harmful or offensive to the plaintiff, without the plaintiff's consent. Negligence or consent would not constitute battery.

Question 14

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 involves interference with the quiet use and enjoyment of land. Trespass involves physical intrusion onto someone's property, ultra hazardous activities involve inherently dangerous activities, and strict liability is a legal principle that applies to certain types of cases regardless of fault.

Question 15

__________ 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 is a legal term for the publication of false or misleading information about a person or business with the intent of discouraging others from dealing with them. This can include statements that are derogatory to the quality of the plaintiff's business, to the business in general or to the plaintiff's personal affairs. Critical falsehood and malicious derogatorism are not legal terms and defamation is a broader category that includes both disparagement and other types of false statements.

Question 16

Based on the text,if employees sue a company who transmits theirnames and Social Security numbers to managers in the company in an unsecured manner,how might a court rule? (See theBodah v.Lakeville Motor Express,Inc.case.)

Accepted Answer

The answer of Based on the text,if employees sue a...

Question 17

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 not a part of compensatory damages. They are a part of punitive damages. Compensatory damages are intended to compensate the plaintiff for their losses.

Question 18

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 correct choice is C, actual malice, which requires a showing that the media defendant acted with knowledge of falsity or reckless disregard for the truth. This standard was established in the landmark case of New York Times Co. v. Sullivan (1964) and is designed to protect freedom of speech and the press by making it difficult for public figures to recover damages for statements about them. Choices A, B, and D all have some relevance to defamation law, but they are not the specific standard required for public officials or public figures to succeed in a defamation suit against a media defendant.

Question 19

Tort damages generally attempt to restore the plaintiff to the same position he or she was in before the tort occurred.

Accepted Answer

Tort damages are meant to compensate the plaintiff for the harm or losses they suffered as a result of the defendant's tortious conduct. The aim is to make the plaintiff whole again or to restore them to the same position they were in before the tort occurred. This principle is known as the "compensatory damages rule."

Question 20

The tort of negligence does not include the element of:

Accepted Answer

The tort of negligence does not require intent, unlike intentional torts such as assault or battery. Rather, it involves a breach of duty of care that leads to harm or damages, requiring elements such as duty, breach, causation, and injury.

Quiz 9: Torts and Privacy Protection.