Question 1

Assault and battery are mutually exclusive torts that do not occur together.

Accepted Answer

Assault is the act of threatening or causing fear of imminent harm, while battery is the intentional harmful or offensive physical contact with another person. They can occur separately or together, as the threat of harm can lead to the physical contact. Therefore, they are not mutually exclusive.

Question 2

George,Jerry,and Harry are passengers on a flight from Chicago to New York.They injure their legs when their seatbelts do not fasten during take-off.The airline is sued by all three together for injuries caused,and the airline is found to be negligent and is directed by the court to pay damages to the injured parties.Which of the following parties is entitled to recover maximum damages?
A)George, a retired professor who gets a pension of $50,000 a year
B)Jerry, a football player who earns $2 million a year
C)Harry, a chartered accountant who earns $200,000 a year
D)George, Jerry, and Harry

Accepted Answer

The amount of damages awarded in a personal injury case is usually based on the extent of the injury and its impact on the victim's life. In this case, Jerry, who earns $2 million a year, is likely to be awarded the highest amount of damages as he has a higher earning capacity and the injury may affect his ability to earn in the future. George's pension income and Harry's annual income are unlikely to have a significant impact on the amount of damages awarded. All three plaintiffs may be entitled to damages, but the question specifically asks for the party entitled to the maximum damages.

Question 3

Which of the following is true about the duty of care?
A)Breach of duty of care is not actionable unless the plaintiff suffers injury or injury to his or her property.
B)Reasonable person standard is used to determine the amount of damages that a defendant owes a plaintiff.
C)A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care.
D)The damages recoverable for breach of the duty of care are independent of the effect of the injury on the plaintiff's life or profession.

Accepted Answer

Breach of duty of care is only actionable if the plaintiff suffers injury or injury to his or her property. This means that if the defendant breaches their duty of care but the plaintiff does not suffer any harm or damage, they cannot bring a lawsuit against the defendant.

Question 4

John watched his brother die in a road accident.The perpetrator was driving under the influence of alcohol.John can recover damages for negligent infliction of emotional distress because of the mental trauma he suffered from watching his brother die.

Accepted Answer

Negligent infliction of emotional distress can occur when someone suffers mental trauma as a result of witnessing a loved one being injured or killed due to the negligence of another person. In this case, John witnessed his brother's death due to the perpetrator's drunk driving, making him eligible to recover damages for emotional distress.

Question 5

If a woman is informed of her husband being run over by a bus the previous night,she can recover damages for negligent infliction of emotional distress.

Accepted Answer

The answer of If a woman is informed of her...

Question 6

A threat of future harm or moral pressure is not considered false imprisonment.

Accepted Answer

A threat of future harm or moral pressure does not involve actual physical restraint, which is necessary for a situation to qualify as false imprisonment. Therefore, it is not considered false imprisonment.

Question 7

If a shoplifting suspect is detained for an unreasonably long time and is found to be innocent,the merchant is liable for the tort of malicious prosecution.

Accepted Answer

The correct tort in this context would be false imprisonment, not malicious prosecution. Malicious prosecution involves wrongfully subjecting someone to the criminal justice process.

Question 8

If a defendant makes an untrue statement of fact about the plaintiff and the statement is intentionally or accidentally published to a third party,the defendant is held liable for misappropriation of the right to publicity.

Accepted Answer

The statement should be about the plaintiff's identity or image, not just any untrue statement of fact.

Question 9

If a newspaper review calls a commercially-successful actor talentless,it is liable for defamation of character.

Accepted Answer

Opinion-based reviews, even if negative, are protected under the First Amendment as freedom of speech. As long as the review is not making false statements of fact about the actor, it is not considered defamation.

Question 10

Jessica files a frivolous lawsuit against Thomas,claiming emotional distress because he plucked flowers from her garden without her permission.The judge exonerates Thomas who can now sue Jessica for malicious prosecution.

Accepted Answer

This is true. Malicious prosecution is a legal claim that one can bring against another who has wrongfully or maliciously brought a lawsuit against them. In this scenario, Jessica brought a frivolous lawsuit against Thomas, and he was exonerated. Therefore, he could potentially bring a claim of malicious prosecution against her.

Question 11

If a magazine publishes a false statement about a public personality,it is liable for invasion of the right to privacy.

Accepted Answer

While a false statement published about a public personality may be defamatory and result in a lawsuit for defamation, it is not necessarily an invasion of privacy. Invasion of privacy typically refers to intentional intrusion upon someone's seclusion or private affairs, publication of private facts, or unauthorized use of someone's name or likeness for commercial purposes.

Question 12

The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed as ________.
A)libel
B)res ipsa loquitur
C)the Good Samaritan law
D)duty of care

Accepted Answer

The obligation people owe each other not to cause any unreasonable harm or risk of harm is called the duty of care. This is a legal obligation that requires individuals to take reasonable care in their actions and decisions to avoid causing harm to others. Libel refers to written defamation, res ipsa loquitur is a legal principle allowing a judge or jury to infer negligence from the circumstances of an accident, and the Good Samaritan law provides legal protection for individuals who render aid in emergency situations.

Question 13

In a lawsuit for malicious prosecution,the original defendant sues the original plaintiff.

Accepted Answer

In a lawsuit for malicious prosecution, the person who was originally accused or sued (the defendant) can sue the person who brought the original lawsuit (the plaintiff).

Question 14

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.
A)Tort of outrage
B)Tort of misappropriation
C)Disparagement
D)Unintentional tort

Accepted Answer

The doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions is the principle of unintentional torts, also known as negligence. Negligence occurs when someone fails to exercise reasonable care to prevent harm from occurring, and that harm is a foreseeable consequence of their actions (or inaction). Therefore, the best choice is D - unintentional tort.

Question 15

Monica told a prospective patient that a certain cosmetic surgeon had been banned from practicing by the American Medical Council.But this is untrue.Is Monica liable for prosecution? Why?

Accepted Answer

The answer of Monica told a prospective patient that a...

Question 16

Throwing a lit match on the ground in the forest and causing a fire is a breach of ________.
A)appropriation
B)the Good Samaritan law
C)duty of care
D)res ipsa loquitur

Accepted Answer

Throwing a lit match on the ground in the forest is a careless action that violates the duty of care one has to prevent causing harm to others or their property.

Question 17

How is assault different from battery?

Accepted Answer

The answer of How is assault different from battery?...

Question 18

Malicious prosecution is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.

Accepted Answer

Malicious prosecution is a tort that permits a person to recover for damages caused by the defendant's intentional conduct, not merely negligent conduct. Emotional distress may be included in those damages, but the underlying conduct must be malicious, not just negligent.

Question 19

Explain the torts of appropriation and invasion of the right to privacy with examples.

Accepted Answer

The answer of Explain the torts of appropriation and invasion...

Question 20

A bystander who suffers severe emotional distress on witnessing a heinous crime can claim damages for intentional infliction of emotional distress.

Accepted Answer

The answer of A bystander who suffers severe emotional distress...

Quiz 5: Intentional Torts and Negligence