Question 1

Shakira slips on a grape at the grocery store, suffers injuries, and is now suing. Which of the following is the appropriate theory of recovery?

Accepted Answer

In this case, the appropriate theory of recovery is negligence. Negligence is a tort that occurs when someone, in this case, the grocery store, fails to exercise reasonable care, causing injury to another person, in this case, Shakira. Slip and fall accidents are common premises liability cases, and grocery stores have a duty to ensure that their floors are free from hazardous conditions. Shakira can sue the grocery store for damages resulting from their negligence.

Question 2

Maria was driving a Ford Pinto when the car was involved in a minor traffic accident. The gas tank exploded and she was severely burned. She may:

Accepted Answer

Maria can file a tort action for product liability against Ford Motor Company if the car was defective and that defect caused her injuries. Additionally, she can file a contract action for breach of warranty of merchantability against her automobile dealer, asserting that the car was not fit for its ordinary use because it was unsafe.

Question 3

A university football coach has been accused of mistreatment of a student He denies the well-publicized charges and files a civil lawsuit against various news agencies. Which of the following are defenses that are likely to be utilized?

Accepted Answer

The coach is likely to use the defense of truth, as he denies the charges and may argue that the news agencies are reporting false information. He may also use the defense of being a public figure, as he may need to show actual malice (i.e. knowledge of falsity or reckless disregard for the truth) in order to succeed in a defamation claim. The defense of unfair competition does not seem relevant in this scenario.

Question 4

A state statute requires that innkeepers must provide certain types of locks on room doors as well as information regarding hotel security to each customer. The Bates Motel failed to do so, and Marian Crane was attacked in the shower. Which of the following theories of recovery would be appropriate in her litigation against the Motel?

Accepted Answer

Negligence per se can apply when a defendant violates a statute that was intended to protect a specific class of people and harm to a member of that class results. In this case, the state statute specifically requires the type of lock and security information that was not provided, and Marian Crane was harmed as a result. Intentional tort, product liability, and respondeat superior would not be appropriate theories in this situation.

Question 5

Cassandra is the well-known architect who designed the world-renowned Palo Duro Opera House. The roof of the building collapses, injuring scores of people. Cassandra:

Accepted Answer

The answer of Cassandra is the well-known architect who designed...

Question 6

Tort law allows recovery for interference with which of the following interests?

Accepted Answer

Tort law allows recovery for interference with all of the listed interests, including bodily harm (A), defamation of character (B), interference with marital relations (C), and business competition (D).

Question 7

Strict liability abrogates the usual requirement of_ as a prerequisite for recovery under tort law.

Accepted Answer

Strict liability eliminates the need to prove fault or negligence on the part of the defendant, which is the usual requirement in tort law. Equity refers to fairness, foundation refers to the basis or underlying principles, and garnishment refers to collecting money owed through legal means, none of which are directly related to the concept of strict liability.

Question 8

Caleb is stabbed by Zachariah during a barroom brawl. The injury is serious but not life-threatening. During surgery at the hospital where there is medical malpractice, Caleb dies. Caleb's family files wrongful death suits against Zachariah, the hospital, and the doctor. Zachariah's most successful defense will probably be:

Accepted Answer

Zachariah's defense of proximate cause will likely be the most successful, as the doctor's intervening actions are what ultimately led to Caleb's death, not Zachariah's initial actions during the brawl. Consent, the doctor's wealth, and Caleb's behavior are unlikely to be convincing arguments in court.

Question 9

In negligence cases, the actions of the tortfeasor are measured by which standard? ---

Accepted Answer

The answer of In negligence cases, the actions of the...

Question 10

The doctrine that '"the thing speaks for itself"'that is employed in tort cases is known as:

Accepted Answer

The doctrine that "the thing speaks for itself" that is employed in tort cases is known as res ipsa loquitor. Res gestae refers to a statement made spontaneously while a startling event is in progress, res judicata refers to a matter which has already been adjudicated and cannot be pursued further, and res universitatis refers to property belonging to a university or other educational institution. None of them are relevant to the doctrine in question. Therefore, the correct answer is B.

Question 11

McCoy is injured by a defective lawnmower. Under what theories of recovery may he sue to recover damages?

Accepted Answer

McCoy can sue under all the listed theories: implied warranty of merchantability (the lawnmower is fit for its ordinary purpose), product liability (the lawnmower has a defect), and implied warranty of fitness (if he relied on the seller's advice that the lawnmower was suitable for a particular purpose).

Question 12

The textbook characterizes tort law as:

Accepted Answer

Tort law is characterized as fluid because it constantly evolves and changes in response to social, economic, and technological developments.█

Question 13

Richard left his textbook by those noted authors, Calvi and Coleman, on the table in the Student Union building in his eagerness to get to his Introduction to Law class. When he returned to get the book, it was gone. The tortfeasor has committed:

Accepted Answer

Conversion is the intentional exercise of control over another person's property without justification. The textbook belonged to Richard, and the tortfeasor (the person who took the textbook) intentionally exercised control over it without Richard's permission or justification. Therefore, the tortfeasor committed conversion. Trespass to chattel, nuisance, robbery, and burglary do not fit the facts of this scenario.

Question 14

Which of the following is correct?

Accepted Answer

All of the choices are correct. In professional sports like hockey, actions such as being slammed into the boards (A) and swinging a stick close to someone's head without contact (B) can occur as part of the game. The defense of consent (C) is valid in a civil lawsuit for torts in this context, as players consent to a certain level of physical contact and potential harm by participating in the sport.

Question 15

While attending a hockey game, you are injured by a flying puck and sue the hockey club. The team's most likely defense is:

Accepted Answer

The most likely defense for the hockey club would be that you voluntarily assumed the risk of getting hit by a flying puck while attending a hockey game. It is a well-known and inherent risk associated with the sport, and spectators are generally aware of the potential danger. The team may argue that you knowingly attended the game and therefore accepted the risk of injury.

Question 16

The plaintiff must prove which of the following when she alleges negligence as the theory of recovery?

Accepted Answer

In order to prove negligence as a theory of recovery, the plaintiff must prove all four elements: duty, breach of duty, causation (proximate cause), and damages. Therefore, the correct answer is E, all of the above.

Question 17

You are representing the estate and surviving family of a murder victim who was a prominent banker. The forensic pathologist's report that there was cocaine present in the victim's blood was widely reported by the media. That report has now been discredited. In your multi-million-dollar lawsuit, what types of relief are appropriate?

Accepted Answer

All of the listed types of relief are appropriate in this situation. The victim's family may suffer mental anguish due to the false report, and damages may be appropriate. The inaccurate report also invaded the victim's privacy, justifying damages for that invasion. Negligence in conducting the autopsy also contributed to the harm suffered by the family and could support damage claims. Lastly, the costs associated with exhumation and litigation are also compensable.

Question 18

The type of legal injury which occurs when a landowner uses his or her own property in a way that interferes with another's use or enjoyment of hjs or her property is:

Accepted Answer

The term for using one's property in a way that interferes with another's use or enjoyment of their property is a nuisance. This can be considered a legal injury and can result in legal action being taken against the landowner responsible for the nuisance.

Question 19

The jury found that Mohammed, the plaintiff, was partially at fault in the accident. His award of $10,000.00 recognized that he was 10 percent at fault. This is an example of the theory of:

Accepted Answer

The scenario describes partial fault on the part of the plaintiff, which is a key characteristic of comparative negligence. Choice A is the only answer that reflects this concept, as contributory negligence refers to a situation where the plaintiff's own negligence completely bars them from recovering damages, regardless of the defendant's fault. Choices C, D, and E are also not relevant to the scenario described.

Question 20

Which of the following is not a theory of recovery in tort law?

Accepted Answer

Breach of warranty is a contract law concept, not a theory of recovery in tort law. The other choices are all theories of recovery in tort law.

Quiz 10: Torts