Deck 6: Torts and Product Liability

Question 1

There are four elements to a defamation case, and the plaintiff in any kind of lawsuit must prove one of the four elements to prevail.

Answer 1

False

Question 2

Dewayne sold a space heater to Vivian, telling her it would heat a 200-square-foot area, even though he knew it would effectively heat only about one-third of that space. Dewayne is liable for the intentional tort of fraud.

Answer 2

True

Question 3

Working out some frustrations after a bad game, Jessica angrily hits a baseball and then sees it is flying toward the umpire. She yells, "Watch out!" The umpire ducks and the ball misses him. Since there was no physical contact, no assault or battery occurred.

Answer 3

False

Question 4

The doctrine of contributory negligence is followed in most states.

Question 5

Res ipsa loquitur shifts the burden of proof from the plaintiff to the defendant.

Question 6

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

Question 7

The First Amendment guarantee of freedom of speech is an absolute right.

Question 8

While hunting, Roger enters Adele's property without permission and is injured by falling into a ditch that was obscured by the underbrush. Under the common law, Adele is liable for Roger's injuries.

Question 9

In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner.

Question 10

A witness testifying in a court or legislature may never be sued for defamation.

Question 11

The single recovery principle requires a court to settle a matter once and for all by awarding a lump sum for past and future expenses.

Question 12

A tort is a violation of a duty imposed by the civil law.

Question 13

A defendant set off fireworks at a fully licensed Fourth of July show. The result of the activity caused harm to the plaintiff. In order for the plaintiff to win a case of negligence, he or she need only prove that it was foreseeable that the defendant's conduct might cause harm.

Question 14

Ahmi was a witness in a lawsuit. When asked why he fired Rana, Ahmi replied, "Rana was fired for willful misconduct." Indeed, Rana had not engaged in any misconduct. Rana will be able to successfully sue Ahmi for defamation based on what Ahmi said in court.

Question 15

Most states recognize some form of comparative negligence.

Question 16

A landowner's highest duty is owed to licensees.

Question 17

A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse. In most states, Braybon's will be able to detain the customer for suspicion of shoplifting.

Question 18

If Gloria threw a rock that hit Merle, she is liable for an intentional tort of battery only if she intended to injure or harm Merle.

Question 19

Public officials can win a defamation case only by proving the defendant's actual malice.

Question 20

Lori works for Big Corporation. The existing contract between Lori and Big Corporation can be terminated at will by either party. Richard, the owner of a small store, offers to pay Lori much more money if she will leave Big Corporation and work for his store. When Lori starts to work for Richard, Big Corporation correctly claims Richard is liable for tortious interference with a contract.

Question 21

The duty of care that each of us must follow is to behave as a reasonable person.

Question 22

Adam decided to play a practical joke on Linda, a coworker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Did Adam commit the tort of intentional infliction of emotional distress?

A)Yes, as his conduct was intentional.
B)Yes, but only if Adam intended to cause Linda serious emotional distress.
C)No, since he was only playing a practical joke.
D)No, since Linda was not physically hurt by Adam.

Question 23

Which of the following is the general goal of compensatory damages?

A)to find a way to help the defendant avoid jail time for his or her crime
B)to restore the plaintiff to the position he or she was in before the injury
C)to punish the defendant for extreme and outrageous conduct
D)to make the defendant suffer as much as the plaintiff suffered

Question 24

An intentional tort involves conduct in which

A)the defendant intended to harm the plaintiff.
B)the defendant intended a certain physical act that ends up injuring someone.
C)injuries are caused to someone because of the defendant's neglect or oversight.
D)there is resulting punishment, including prison, for the defendant.

Question 25

A national magazine published an article about a famous television star. The television personality is upset because the information contained in the story is not correct. If the actress sues the magazine,

A)she will need to show that the magazine has a history of being "reckless" with facts on a regular basis.
B)she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts.
C)she will need to show that the magazine failed to attempt to verify the story by trying to contact her or her agent before the story was printed.
D)she will need to show that the magazine could have discovered that the story was false but failed to do so.

Question 26

Shortly after Brian started to work at Trevit, Inc., a coworker, Ann, began asking him out. Brian said no. Nevertheless, Ann persisted. One day Ann playfully but intentionally touched Brian "below the belt." Which statement is correct?

A)Ann defamed Brian.
B)Ann committed the tort of trespass.
C)Ann committed the tort of interference with a prospective advantage.
D)Ann committed the tort of battery.

Question 27

Which of the following statements about torts is correct?

A)A tortious act is always a criminal act.
B)A criminal act is always a tortious act.
C)A tortious act may also be a criminal act.
D)A tortious act is the same as a contract dispute.

Question 28

In awarding punitive damages, a court considers all of the following EXCEPT

A)the difference between the punitive award and any civil penalties used in similar cases.
B)the ratio between the harm suffered and the award.
C)the financial condition of the plaintiff.
D)the reprehensibility of the defendant's conduct.

Question 29

In a strict liability case, the courts still consider if the defendant acted in a reasonable and prudent manner.

Question 30

A sports fan, injured by a hockey puck that flew into the stands during an NHL game, would be subject to the defense of assumption of the risk in a suit to recover for her injuries.

Question 31

Trein, Inc. entered into a one-year, $1 million contract with Mia, a sports celebrity, to promote Trein's products. E-presto Inc., a competitor of Trein, was interested in having Mia promote its products but knew of her contract with Trein. E-presto offered Mia a three-year, $5 million contract. Mia left Trein and signed with E-presto. If Trein sues E-presto for tortious interference with a contract, E-presto

A)will be able to establish a justification since E-presto was acting to protect an existing economic interest.
B)will be able to establish a justification because, in talking to Mia, E-presto was exercising its First Amendment freedom of speech.
C)will be able to establish a justification because to decide otherwise would subject Mia to involuntary servitude.
D)will not be able to establish a justification.

Question 32

Adam decided to play a practical joke on Linda, a coworker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Which statement is correct?

A)Adam committed an assault but not a battery.
B)Adam committed a battery but not an assault.
C)Adam committed an assault and a battery.
D)Adam committed neither an assault nor a battery since he used a candy gun and was only playing a joke on Linda.

Question 33

Which of the following guarantees that a witness testifying in a court or legislature may never be sued for defamation?

A)recovery principle
B)protected right to slander
C)defamation privilege
D)absolute privilege

Question 34

Jim told his manager, Lana, that a coworker, Diane, had been in prison for theft. Lana checked into the matter, and when she learned that Diane had served time in prison for theft, she fired her.

A)Jim is liable to Diane for defamation.
B)Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane's prison history.
C)Jim is liable to Diane for defamation only if she is a public figure.
D)Jim is not liable to Diane for defamation.

Question 35

Soledad tells Marco that she believes he was cheating on a biology exam and calls him a "cheater" to his face. She did not tell anyone else about her suspicions. Marco did not, in fact, cheat on the exam. Has defamation occurred?

A)No, because no one else received the defamatory message besides Marco.
B)No, because Soledad did not put her accusation in writing.
C)Yes, because Soledad's accusation was false.
D)Yes, because Marco's feelings were hurt.

Question 36

A defendant engaging in an ultrahazardous activity is almost always liable for any harm that results.

Question 37

Runyon was ready to sign a two-year agreement with Barnett Corp. to become Barnett's sales representative for a three-state area. LaPrise, who wants to be the representative for that area, threatens Runyon with bodily harm if he takes the position. Runyon decides his physical well-being is more important to him than the job, so he does not accept the position. LaPrise

A)committed tortious interference with a contract.
B)committed tortious interference with a prospective advantage.
C)committed a battery.
D)caused a breach of contract and committed the tort of intrusion.

Question 38

Tipton Company makes a deal with Patton Company to purchase 100 canvas tarps. Patton's competitor, QC Industries, tells Tipton Company executives that Patton's goods are shoddy and Tipton cancels the contract with Patton. What will likely occur?

A)Patton will sue Tipton for defamation.
B)QC Industries will sue Patton for intentional infliction of emotional distress.
C)Patton will sue QC Industries for tortious interference with a contract.
D)Tipton will sue Patton for tortious interference with a prospective advantage.

Question 39

In strict liability, if a company sells a beverage in a can that has sharp edges and injures several consumers, it will be held liable even if it didn't know about the problem.

Question 40

Silas asks his friend Shelby to come to his property to go fishing at his pond. If he fails to warn her that the pier has a rotten spot and she falls through and is injured, Silas would be held liable in most states.

Question 41

Written defamation is _____; oral defamation is _______.

A)fraud; conversion
B)conversion; fraud
C)slander; libel
D)libel; slander

Question 42

The idea behind punitive damages is that

A)torts that occur in a commercial setting are far more serious than torts affecting private individuals.
B)certain behavior is so unacceptable that society must make an example of it.
C)the right to free speech is not absolute and must sometimes be restricted.
D)the defendant must be restored to the position he/she was in before the injury.

Question 43

A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably. Which of the following is most likely to help the plaintiff?

A)Res judicata
B)Stare decisis
C)Res ipsa loquitur
D)Mens rea

Question 44

One morning, Miles accidentally dropped a thumbtack on the chair of the office manager where he worked. The office manager sat on the tack and, two days later, was hospitalized with an infection caused by the tack. Which of the following is correct?

A)Miles's actions were negligent.
B)No tort has been committed.
C)Miles committed an intentional tort.
D)Miles is strictly liable.

Question 45

Which of the following acts resulting in injury would be negligence per se?

A)Joe sold fireworks from his Indiana store (a legal activity)to Steve, an Illinois resident (a state that has made owning fireworks illegal).
B)June, while driving the speed limit, sideswiped the car next to her.
C)A retailer sold glue containing benzene to a 14-year-old boy in violation of state law.
D)Tammy accidentally dropped a heavy carton on Sasha's foot while at work.

Question 46

Annette drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Annette sued Vincent. The jury found that Annette's fault contributed 20 percent to the collision and determined that her total loss was $100,000. Under comparative negligence, the jury should award Annette

A)$20,000.
B)$80,000.
C)$100,000.
D)nothing.

Question 47

The ruling in the landmark case of New York Times v. Sullivan  was that a public official can win a defamation case

A)without proving the defendant acted with reckless disregard of the truth.
B)only by proving the defendant's actual malice.
C)without proving the defendant knew his or her statement was false.
D)only by proving the defendant has a history of reckless behavior.

Question 48

If a court applies res ipsa loquitur

A)the plaintiff needs to prove the case by a preponderance of the evidence.
B)the plaintiff must prove the case by clear and convincing evidence.
C)the defendant has the burden of proving he or she is not liable.
D)the defendant is strictly liable.

Question 49

Negligence concerns harm that

A)is unforeseeable.
B)arises intentionally.
C)arises by accident.
D)is always substantial.

Question 50

Don was standing in a cafeteria line holding a plate. Tim was upset with Don. Tim turned Don around and grabbed the plate out of Don's hand. Tim then held the plate up and threatened to break it over Don's head. Tim has committed

A)a battery, but not an assault.
B)an assault, but not a battery.
C)both an assault and a battery.
D)neither an assault nor a battery.

Question 51

Bob, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon grew tired and realized that he could not make it back to shore. Seeing Kelly, he cried out for help. Kelly, however, ignored the pleas. Bob was finally saved by Dorothy but suffered brain damage from being submerged during the ordeal. Bob now sues Kelly for negligence for failing to try to save him. Bob will

A)prevail because society places a duty on people to help each other and Kelly breached this duty, resulting in Bob's injury.
B)lose because Kelly had no legal duty to rescue him.
C)lose even though Kelly had a legal duty to save him, since Bob will not be able to prove that Kelly's failure to act was the proximate cause of his injuries.
D)lose because a reasonable person could not have foreseen that someone in a recreation area could not swim well.

Question 52

Which of the following statements is correct regarding the differences between contract, tort, and criminal law?

A)Tort and criminal law both impose a punishment for the defendant including prison and/or a fine.
B)Criminal law imposes duties of conduct on all persons.
C)Contract law awards money damages for the plaintiff; tort and criminal law do not.
D)Criminal law is prosecuted by the government.

Question 53

Evaluate the following scenarios and determine which represents Micha's highest liability?

A)Rose is lost and pulls her car into Micha's driveway for a moment to get her bearings.
B)Oscar is a twelve-year-old neighbor of Micha's who has snuck into Micha's backyard to swim in his pool.
C)Juanita is a customer having a latte in the coffee shop Micha owns and operates.
D)Ron is Micha's friend whom Micha has invited to his home to watch the Super Bowl.

Question 54

Wayne worked in an office. He had no criminal record, had never had a complaint made against him about his work or his conduct, and had been a faithful employee for nearly 20 years. One day, Wayne followed his supervisor to his home and fatally shot him. The estate of the supervisor sued the company, claiming it should have been aware of Wayne's growing frustration with work. The company's best defense will be that

A)there was no way to foresee that the incident would happen.
B)the incident occurred away from the office.
C)the killing was the result of a personal conflict between Wayne and the supervisor.
D)even if the company had been aware of Wayne's difficulty with his supervisor, Wayne did not have any criminal history.

Question 55

Edith becomes ill at work, but her boss insists that she finish mopping the shop floor and cleaning the cabinets before she is allowed to leave. He physically prevents her from leaving the premises by watching over her until her work is finished. What tort has occurred?

A) trespass
B) conversion
C) battery
D)false imprisonment

Question 56

The elements in a defamation case are:

A)defamatory statement; falsity; communication; and injury.
B)a contract; knowledge of the contract; improper inducement; injury.
C)false or misleading fact statements; statements in commercial advertising; likelihood of harm.
D)duty; breach of duty; proximate causation; and damages.

Question 57

In a negligence case, the plaintiff must establish

A)duty, strict liability, causation, and injury.
B)mens rea , breach, foreseeable harm, and injury.
C)duty, actus reus , foreseeable harm, and causation.
D)duty of due care, breach, factual cause, proximate cause, and damages.

Question 58

For the defendant to be liable in a negligence case, it must be proven that the defendant's conduct actually caused the injury. This is referred to as

A)factual cause.
B)duty of due care.
C)proximate cause.
D)breach.

Question 59

Under a state law, a dog owner is absolutely liable to any person who is injured by the dog. This is an example of

A)negligence per se.
B)strict liability.
C)res ipsa loquitur .
D)negligence.

Question 60

To establish res ipsa loquitur in most states, the plaintiff must demonstrate all but which of the following?

A)direct evidence of the defendant's lack of due care
B)the harm ordinarily would not occur in the absence of negligence
C)the plaintiff had no role in causing the harm
D)the defendant had exclusive control of the thing that caused the harm

Question 61

Wilma's arm is broken when Paula knocks her down during an argument. If Wilma sues Paula for battery, what damages is Wilma likely to receive?

Question 62

The test of "foreseeability" is generally used to determine the existence of which element of a negligence case?

A)Duty of due care
B)Breach
C)Factual cause
D)negligence per se

Question 63

Phillip was waiting for a bus at a bus stop. Across the street and down the block, a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck. The exploding tire injured Marsha and frightened a neighborhood dog, which ran down the street and knocked Phillip down, injuring his knee. Phillip sued the mechanic. In applying the Palsgraf v. Long Island Railroad  decision to this case, Phillip would

A)win because the mechanic was negligent in overinflating the tire, which led to Phillip's injury.
B)win based on negligence per se.
C)lose because the court would apply the doctrine of res ipsa loquitur .
D)lose because, although the mechanic's conduct was negligent toward Marsha, it was not a wrong in relation to Phillip, who was far away. The mechanic could not have foreseen injury to Phillip and therefore had no duty to him.

Question 64

A contractor used dynamite to loosen a rocky hillside. The blast from the dynamite caused a house foundation to crack. The house was located over a half-mile away from the dynamite site. The contractor was careful when using the dynamite, and no allegation of negligence is made. However, the house owner claims the contractor is liable for damage to the foundation. Is the house owner correct? Explain.

Question 65

Anders suffered a shock when his electric radio dropped into the bathtub--while Anders was taking a bath. Anders argued that he did not realize it was dangerous to operate an electric radio near his bathtub. If he sues the radio manufacturer for damages, which claim is he most likely to make?

A)res ipsa loquitur
B)negligent manufacture
C)failure to warn
D)negligent design

Question 66

Tracy is an employee of Zebra Toy Company, and both parties are free to terminate her employment at will. One afternoon she has lunch with a friend who works in marketing for her company's biggest competitor, Tiger Toys. Over a period of about three months, Tiger Toy representatives convince Tracy to work with them. Tiger offers a larger base salary with bigger commissions than she had with Zebra. When Tracy leaves Zebra, it sues Tiger Toys claiming it intentionally interfered with a contractual relationship. Will Zebra Toy Company be successful?

Question 67

Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat. Fortunately, he was able to remove the bone with his fingers. However, he was upset by the incident and sued the restaurant for negligence. What is the most likely result in this case?

A)Kyle will not collect any damages since he did not sustain any damages.
B)Kyle will collect damages because the restaurant committed negligence per se.
C)Kyle will collect damages if he proves it was possible to prevent tiny fish bones from being present in clam chowder.
D)Kyle will collect damages, as res ipsa loquitur applies.

Question 68

As it applies to landowners, which of the following statements regarding liability to a licensee is correct?

A)Whether the landowner is responsible for injury depends on whether the licensee is an adult or a child.
B)The landowner is liable to a licensee for injuries caused by hidden dangers only.
C)Since the licensee is a trespasser on the landowner's property, the landowner is not responsible for injury.
D)Since a licensee has permission to be on the landowner's property, the landowner is responsible for all injury whether hidden or obvious.

Question 69

Discuss the concepts of contributory negligence and comparative negligence.

Question 70

Tommie, a six-year-old child, was seriously injured when he stuck a fork into an electrical outlet at a restaurant. His parents sued the restaurant where the incident occurred, claiming it should have had child protective guards on the outlets even though no law required the restaurant to do so. Whether the restaurant is liable will be dependent upon whether

A)the incident was reasonably foreseeable.
B)the court views Tommie as a licensee or a trespassing child.
C)this is negligence per se .
D)this is an ultrahazardous activity.

Question 71

Don was driving his truck when a board fell out of the truck bed and onto the road. Alice, who was driving closely behind Don's truck, tried to avoid the board, swerved, and struck a telephone pole, causing her severe injuries. Which of the following is correct?

A)Don is strictly liable to Alice for her injuries.
B)In a comparative negligence state, the actions of Don and Alice will be weighed to determine liability.
C)Don was not negligent in allowing the board to fall out of his truck.
D)Don is engaging in ultrahazardous activity.

Question 72

List and discuss the elements necessary to establish negligence.

Question 73

What is a principal factor in the risk-utility test?

A)the value of the product
B)the gravity of the danger
C)the likelihood that danger will occur
D)All of these are correct.

Question 74

If the defendant successfully proves __________, no matter how slight the plaintiff's negligence, the plaintiff will be denied any recovery of damages.

A)contributory negligence
B)comparative negligence
C)res ipsa loquitur
D)negligence per se

Question 75

A branch of tort law that imposes a much higher level of liability when harm results from ultrahazardous acts or defective products is referred to as

A)res ipsa loquitur.
B)strict liability.
C)heightened liability.
D)strict negligence.

Question 76

Mavrex, Inc. received an application from Larry, and since his written qualifications seemed to meet a pressing current need, they hired him without checking his references or prior records. Actually, Larry had been in prison for murder several years earlier. Tom, a long-time Mavrex employee, angered Larry when Tom tried to tell Larry how to do his job. Larry attacked and injured Tom. If Tom sues Mavrex, what would his cause of action be, and what elements would Tom need to prove to win his case?

Question 77

A customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________.

A)a licensee; to warn of known dangers.
B)an invitee; of reasonable care.
C)a social guest; only to avoid intentionally injuring him.
D)a licensee; of strict liability

Question 78

Kelley went ice skating on a neighbor's pond, but she fell through a thin area into icy waters. Kelley did not have permission to be on the property, and the neighbor did not even know that she was there. Is the neighbor liable for Kelley's injuries?

A)Yes. The neighbor should have posted "thin ice" notices.
B)No. Kelley was a trespasser, and the neighbor can only be held liable for intentionally injuring her or for gross misconduct.
C)It may depend on Kelley's age.
D)Yes, the neighbor is strictly liable.

Question 79

As assistant manager of a discount department store, you have been asked to review the store's policy concerning shoplifters. (a)Discuss the legal standard used in most states governing the detention of suspected shoplifters.
(B)In reviewing the store's policy, discuss some of the items that you will consider.

Question 80

Discuss the four elements that must be proven in order to win a defamation case.​