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.

Accepted Answer

There are four elements to a defamation case, and the plaintiff in a defamation lawsuit must prove all four elements to prevail.

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.

Accepted Answer

Dewayne made a false statement with the intent to deceive Vivian, causing her harm. This meets the elements of the intentional tort of fraud.

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.

Accepted Answer

Assault can occur without physical contact if there is an intentional act that causes another person to fear imminent harmful or offensive contact. In this scenario, the act of hitting the baseball towards the umpire and causing fear of being hit constitutes assault.

Question 4

The doctrine of contributory negligence is followed in most states.

Accepted Answer

The doctrine of contributory negligence has been largely replaced by comparative negligence in most states.

Question 5

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

Accepted Answer

Res ipsa loquitur is a legal doctrine that allows a plaintiff to shift the burden of proof to the defendant by showing that the event causing the plaintiff's injuries would not have occurred in the absence of negligence. In such cases, the defendant is then required to prove that they were not negligent.

Question 6

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

Accepted Answer

Punitive damages are designed to punish the defendant for their conduct, which is considered extreme and outrageous, rather than to compensate the plaintiff for their losses.

Question 7

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

Accepted Answer

The First Amendment does not provide an absolute right to freedom of speech. Speech that incites violence or is likely to provoke an immediate and violent reaction, obscenity, and defamation are not protected under the First Amendment. Additionally, there are other limitations on freedom of speech, such as those that apply in the workplace or in schools.

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.

Accepted Answer

Under the common law, Adele would not be liable for Roger's injuries as he entered her property without permission. The doctrine of "attractive nuisance" may impose liability if there was a hazardous condition on the property that would attract children, but that does not apply to adult hunters.

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.

Accepted Answer

To establish intentional infliction of emotional distress, the plaintiff must prove that the defendant's conduct was extreme and outrageous.

Question 10

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

Accepted Answer

This is a legal principle known as "absolute immunity," which protects witnesses from being sued for any statements made while testifying in court or before a legislative proceeding.

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.

Accepted Answer

The single recovery principle is a legal principle that requires a court to settle a matter once and for all by awarding a lump sum for past and future expenses. This means that a plaintiff can receive only one payment for all damages related to the claim, rather than a series of payments over time. This principle is designed to provide finality and predictability in court judgments, and it is recognized in many jurisdictions around the world.

Question 12

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

Accepted Answer

A tort is a civil wrong or injury caused by breach of legal duty (other than breach of contract) that results in damage or harm to another person.

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.

Accepted Answer

In a negligence case, the plaintiff must prove four elements: duty, breach, causation, and damages. Foreseeability of harm is part of establishing duty and causation, but the plaintiff must also show that the defendant breached a duty of care owed to the plaintiff and that this breach directly caused the damages suffered.

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.

Accepted Answer

Statements made in the course of judicial proceedings are generally protected by absolute privilege, which means they cannot be the basis for a defamation lawsuit, even if they are false.

Question 15

Most states recognize some form of comparative negligence.

Accepted Answer

Comparative negligence is a legal principle where the fault or responsibility for an accident is divided between the parties involved based on their degree of negligence. Most states in the United States recognize some form of comparative negligence.

Question 16

A landowner's highest duty is owed to licensees.

Accepted Answer

A landowner's highest duty is owed to invitees, not 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.

Accepted Answer

In most states, store employees are allowed to detain a customer if they have reasonable suspicion that the customer is shoplifting. However, the specific laws and requirements for such detentions vary by state.

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.

Accepted Answer

Gloria can be liable for the intentional tort of battery if she intended the act itself (throwing the rock) that resulted in harmful or offensive contact with Merle, regardless of whether she intended to injure or harm Merle specifically. Intent to cause the contact is sufficient.

Question 19

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

Accepted Answer

This is in accordance with the Supreme Court ruling in New York Times Co. v. Sullivan, which established the actual malice standard for defamation claims brought by public officials.

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.

Accepted Answer

Since the contract between Lori and Big Corporation can be terminated at will by either party, Richard's offer to Lori does not constitute tortious interference with a contract because there is no breach of a fixed-term contract.

Quiz 6: Torts and Product Liability