Question 1

A party injured by another's negligence but who is found to have committed comparative negligence,will recover nothing.

Accepted Answer

Comparative negligence allows the court to ratio responsibility so one who has committed comparative negligence may still recover but their award is reduced by their percentage of responsibility.

Question 2

In Palsgraf v.Long Island Railroad Co.,the court first articulated and established the concept of proximate cause.

Accepted Answer

This case, decided in 1928 established the concept of proximate cause.

Question 3

Faye is driving when she sees an accident occur a half mile in front of her.Sarah has negligently swerved her car forcing Lindsay off the road into a tree.Lindsay is thrown from the car and appears injured.Faye stops to render aid and while helping Lindsay she slips and breaks her leg.Sarah is not liable in negligence for Faye's injury because the injury was not foreseeable and her act was not the proximate cause of Faye's injury.

Accepted Answer

It is arguable that Faye's injury is too remote and not a foreseeable injury resulting from Sarah's negligent act.

Question 4

Regarding defamation,a qualified privilege exists in courtrooms and legislative hearings.

Accepted Answer

Regarding defamation, an absolute privilege exists in courtrooms and legislative hearings.

Question 5

Bill has shoplifted at a local store stealing three mobile phones.The theft is not detected until store camera videos are examined later that afternoon.Store management has the right to go to Bill's home and detain him until police arrive.

Accepted Answer

Store management may only confront and detain a shoplifter on their premises or adjacent to their premises.

Question 6

Brad is drunk and driving his car 20 miles over the speed limit.He hits Angelina who is crossing the street against a red light.Angelina has over $95,000 in medical bills and has significant pain and suffering.If Angelina sues in a state that still follows the theory of contributory negligence,she will get nothing.

Accepted Answer

In contributory negligence states if a party contributes or causes their injury through their own negligence, even minutely, they recover nothing.

Question 7

Negligence may result from either an intentional or unintentional act.

Accepted Answer

Negligence results from an unintentional event that causes harm.

Question 8

Courts enforce fraudulent misrepresentation for intentional lies but will not enforce fraudulent misrepresentation for negligent ones.

Accepted Answer

Courts enforce both intentional and negligent misrepresentations. Negligent misrepresentations generally are enforced when a business relationship exists between the parties.

Question 9

Disparagement has to do with industries,companies and corporations and not individuals.

Accepted Answer

Disparagement statutes are designed to protect industries and products.

Question 10

Assume that Iowa has passed a law requiring that anyone riding or operating a motorcycle wear a helmet.Mary enters Iowa Harley Davidson and wants to take a test ride on.She doesn't have a helmet with her and they don't have one her size available,so the proprietor lets her go without one.If she crashes and is injured,the proprietor has committed negligence per se.

Accepted Answer

The proprietor has violated a safety statute and will be liable under a negligence per se theory of liability.

Question 11

When Ford runs a commercial stating that Fords are better than Chevy and that "you'll be happier if you buy a Ford",Ford is committing trade libel.

Accepted Answer

Ford has expressed an opinion but has not lied about a material fact.

Question 12

Your professor is in the middle of her lecture when the dean from a competing school walks into class and offers her a position at his school at double her present salary.When she asks when the position will start,he says tomorrow.Your professor looks at the class,says goodbye and walks out to start cleaning out her office.Your school can sue your professor for tortious interference with an existing contractual relationship.

Accepted Answer

The competing school's dean induced the breach and can be sued for tortious interference with an existing contractual relationship but your professor is only guilty of breach of contract.

Question 13

The Restatement (Third)of Torts is currently the most current.

Accepted Answer

There have been two amendments to the original Restatement of Torts.

Question 14

Employers,in some states,enjoy an absolute privilege when giving employment references as long as the reference is factual and without malice.

Accepted Answer

Employers, in some states, enjoy a qualified privilege when giving employment references as long as the reference is factual and without malice.

Question 15

A public official or public figure can win a defamation case only by proving actual malice by the defendant.

Accepted Answer

A public official or public figure can win a defamation case by proving actual malice or a reckless disregard for the truth on the part of the defendant.

Question 16

Professor Smith announces to his dean that the students in his noon class are the worst students that he has ever had and that they should never have been admitted to the school.The students are actually as qualified as any other students admitted to the school.The students may sue Professor Smith for slander.

Accepted Answer

This is an opinion not a provable fact that would support defamation.

Question 17

Fred has a toothache and is driving to the dentist.He's in a lot of pain so he speeds down the road 20 mile over the speed limit.If he has an accident,it is an intentional tort and not negligence because he knowingly was speeding.

Accepted Answer

Although the act of speeding was intentional, the accident was not intended and was not willful.

Question 18

A person cannot be guilty of negligence if they have no duty owed to the plaintiff.

Accepted Answer

If there is no duty or obligation owed to the injured party, there can be no suit for negligence.

Question 19

Jessica was caught shoplifting at a department store both by employees who witnessed the act and cameras in the store.The store's management may hold her as long as it takes to get her to confess.

Accepted Answer

In most states management may only detain shoplifters for a limited time depending on the circumstances.

Question 20

Under concepts articulated in McPherson v.Buick,a manufacturer of a defective product is only liable to the purchaser of the product and not to every user.

Accepted Answer

Under concepts articulated in McPherson v. Buick, a manufacturer of a defective product is liable for any injuries to persons proximately caused by their negligence.

Quiz 9: Torts and Product Liability