BUL 3310 Exam 2 FSU Bailey

False

A person who uses a logo in an advertisement that is deceptively similar to that of another business commits the tort of false light.

True

False

Compensate victims for their losses

What is the primary purpose of tort law?

Punish wrongdoers

Compensate victims for their losses

Support society by fining wrongdoers

Create precedents in the common law

All of the above could be brought without showing special damages

Which of the following forms of slander would not require that plaintiff show special damages?

a. A statement that someone had a sexually transmitted disease

b. A statement that a female student was sexually promiscuous

c. A statement that an accountant had stolen money from a client

d. All of the above could be brought without showing special damages

true

T/F The 50% Rule is associated with comparative fault systems.

true

T/F Under the doctrine of privity, the buyer of a defective product would only be able to sue the person he bought it from and not the manufacturer who was responsible for the defect.

True

The publication requirement for libel is met if the falsehood is communicated to just one other person.

True

False

7

In most states, children under the age of __________cannot be held liable for negligence.

7

14

16

18

Market share liability

Assume that Big Drug Company BDC was one of ten drug manufactures who produced and sold in the Cleveland area a drug that was found to cause cancer in women whose mothers had taken the drug while pregnant. Plaintiff cannot find out if the pills her mother took were actually manufactured by BDC, but she does know that BDC controlled 40 percent of the market for that drug in the Cleveland area when her mother was taking it. If a jury finds that plaintiff suffered 100,000 in damages, she will be able to collect 40,000 from BDC if her state follows the doctrine of ________________.

Res ipsa loquitur

Negligence per se

Market share liability

All of the above are necessary to collect from BDC in these circumstances.

Conversion

Tom took Ann's 125 Economics text from her locker without her knowledge and sold it back to the college bookstore, keeping the profits. Tom has committed the tort of

Trespass to chattel

Conversion

Embezzlement

Nuisance

True

In joint and several liability one party is potentially liable to pay the entire amount of the judgment.

True

False

A and B

Injunctions are often sought as remedies in torts of

Nuisance

Wrongful appropriation of another's good will

False imprisonment

A and B

True

An action for mental distress normally requires the plaintiff to exhibit some physical symptoms of emotional suffering.

True

False

Libel is a written communication, and slander is an oral communication.

What is the difference between libel and slander?

Libel is a written communication, and slander is an oral communication.

Libel is also a felony, but slander is not.

Libel requires that plaintiff prove malice on the part of the defendant, but slander does not.

Businesses can only sue for defamation based on libel, not slander.

A medical malpractice claim against a surgeon who left a sponge in a patient

Which of the following injuries would justify plaintiff using res ipsa loquitur?

A medical malpractice claim against a surgeon who left a sponge in a patient

An automobile accident at a city intersection

A head injury sustained in the pool of a waterslide at an amusement park

Res ipsa loquitur could be used in all of the above.

True

Absent a special relationship, one person has no legal duty to warn or rescue another.

True

False

False

Assumption of the risk is an element of negligence that must be proved by the plaintiff.

True

False

True

Whether or not a doctor acted negligently is a question of fact for a jury to decide.

True

False

Res ipsa loquitur

Dr. Dan accidentally left a scalpel in Paul Patient during Paul's operation, causing Paul much pain and necessitating additional surgery. Paul's lawyer will most likely use the special doctrine of ____________when he sues Dr. Dan for negligence.

Negligence per se

Res ipsa loquitur

Superseding cause

Contributory negligence

False

Both contributory negligence and comparative negligence can be asserted as defenses in cases brought in strict liability.

True

False

False

The doctrine of res ipsa loquitur applies when a person causes damages while violating a law or ordinance.

True

False

True

The greater the risk in a situation, the higher the duty of care.

True

False

Dangerous animals

The earliest application of strict liability in American law was in cases involving which of the following?

Defective products

Medical services

Dangerous animals

Tobacco products

Superseding

Iris was at fault in a car crash in which Phil was injured. As they waited for the EMT's to arrive, a plane, which was part of a nearby air show, crashed into Phil, significantly increasing his injuries. Iris will not be liable for this second set of injuries because the plane crash was a(n)

Proximate

Legal

Foreseeable

Superseding

Negligence

Susan owns a pizza delivery franchise. She decides to make changes to her pizza making process. Her changes decrease the care and quality control of the care of the ingredients that need to be refrigerated. Several of her customers end up getting food poisoning. What does she have the greatest risk of being sued for?

Negligence

Assault

Fraud

A cheesy delivery

Negligence & Strict tort product liability

Vidal So-SueME makes hair shampoo and sells it through retailers. One of its plant managers increases the production of the shampoo by cutting back on the standard quality control checks in the industry. Unfortunately, a significant number of their bottles of shampoo has too much "scalp chemical" and is causing people to go bald. Under what legal theory is Vidal most at risk.

Express liability

Fraud

Strict intentional liability

Battery

Negligence

Strict tort product liability

True

Intentionally touching another in a way that is harmful or offensive constitutes the tort of battery.

True

False

Interference with a contractual relationship

Big 60s British Rock Star had a contract to perform at Shady Pines Retirement Home, where many of his fans now lived. Sunnydale Retirement Village, a business rival, convinced Rock Star to breach his contract with Shady Pines and perform for them instead on that day. They offered him more money and promised to pay for any liability he might have to Shady Pines. For what could Shady Pines sue Sunnydale?

Breach of contract

Interference with a contractual relationship

Nuisance

Conversion

Invasion of the right to privacy

Pam and Sam took an overnight flight to Hawaii. Without their knowledge or permission, an agent from Big Ad Agency took a picture of them as they slept and used it in a full-page ad in a national magazine. The agency had superimposed an image of a man in a business suit, working on a laptop, sitting next to them. The caption read "Our Brokers Never Sleep." Pam and Sam could sue Big Ad for

Private nuisance

Public nuisance

Invasion of the right to privacy

Slander

Respondeat superior

The doctrine under which employers are liable for torts committed by employees while they are acting within the scope of their employment is___________.

Joint and several liability

Respondeat superior

Negligence per se

Res ipsa loquitur.

Family purpose

The owner of a family car could be liable for damages caused by any family member using the car under the ___________________doctrine.

Pater familias

In loc parentis

Family purpose

Respondeat superior

100000

Al, Bill, Chad and Dan were found jointly and severally liable for 100,000 of property damages caused when a fraternity initiation event got out of hand. Al, Bill, and Chad do not have the money to pay for their share of the damages. The only solvent defendant is Dan. The most that Dan will have to pay the plaintiff is

25000

50000

75000

100000

All of the above may be raised as affirmative defenses depending on the jurisdiction.

Which of the following is not an affirmative defense in a negligence suit?

Contributory negligence

Pure comparative negligence

Modified comparative negligence

All of the above may be raised as affirmative defenses depending on the jurisdiction.

Negligence

The majority of tort cases in the United States are ________________cases.

Intentional tort

Negligence

Nuisance

Strict liability

True

Most states will not allow recovery for economic losses in product liability cases based on strict liability.

True

False

True

Manufacturers may be subject to product liability suits based on negligence if they fail to provide adequate instructions for the use of the product.

True

False

True

A duty is a legal obligation imposed by law or voluntarily assumed by promise.

True

False

All of the above

The product defect in a strict liability suit can consist in

A defective design of the product

A lack of adequate instructions for using the product

The use of components imported from a foreign country instead of components manufactured in the United States

All the above

Gross negligence

If Mike owes a "slight duty of care" for property he is keeping for Doug, Mike would only be liable for damages to the property caused by

Slight negligence

Ordinary negligence

Gross negligence

Acts of God

foreseeable

Palsgraf v. Long Island Rail Road is the landmark case that limited damages in negligence cases to those that are

measurable

personal

foreseeable

pecuniary

True

In negligence cases, a superseding cause is one that breaks the direct sequence between the act, which is the basis of the negligence claim, and the plaintiff's injury.

True

False

True

The majority of tort cases filed in United States courts are based on negligence, not on intentional torts.

True

False

Emotional distress

Mary and neighbor Beth had a bitter quarrel. Beth, a nurse, called Mary from the hospital in which she worked and told Mary that her husband and son had died in a car accident and their bodies were in the hospital morgue. In anguish, Mary rushed down to the hospital. Beth had made up the entire story because she wanted to cause Mary pain. Beth has committed the tort of

Invasion of privacy

Emotional distress

False light

Slander

Bilateral, express, valid and executed

1. Vivian offered to buy Ben's violin for $2,000 and Ben accepted. Three days later Vivian gave Ben $2,000 in cash and Ben gave Vivian possession of the violin. Which of the following sets of terms best describes the contract between Vivian and Ben?

Absolute privilege

Trial witnesses cannot be sued for defamation because the testimony of witnesses in trial is protected by

Immunity

Qualified privilege

Absolute privilege

Judicial exception

Chattel

All property other than land is classified as

Chattel

General intangibles

Res personam

A and B

False

The tort of wrongful appropriation of another's goodwill includes reverse engineering another's product.

True

False

Strict liability

Which of the following theories of liability does not involve wrongdoing by the defendant?

Strict liability

Negligence

Intentional torts

A and B only

False

The "state of the art" defense is available to any manufacturer in a product liability suit based on strict liability

True

False

A, B and C

Which of the following statements about assumption of the risk is true?

Traditionally, aA plaintiff who assumed the risk cannot recover damages from the defendant.

A plaintiff must be aware of the particular risks associated with the activity.

A plaintiff's assumption of the risk must be voluntary.

A, B and C

Yes, she had a duty to warn him of hidden dangers.

Beth invited friends for a BBQ and touch football game in her backyard. Roger, one of her guests, broke his ankle when his foot slipped into a hole as he ran out for a pass. Several malfunctioning sprinkler heads have been removed from the lawn for repairs, leaving dangerous, but hidden, holes. In common law, would Beth be liable to Roger for his injuries?

Yes, she had a duty to warn him of hidden dangers.

Yes, she is liable in strict liability.

No, her only duty to Roger was not to entrap him on the property.

No, as an adult Roger is presumed to have the legal ability to take care of himself.

True

In joint and several liability, a defendant who pays the entire amount of the judgment may sue the other defendants for their share of the obligation.

True

False

Negligence per se

Assume that Sussex County has a law requiring that all passenger elevators be inspected every six months. Local Hospital failed to have its passenger elevator inspected when required, and a door that malfunctioned injured a hospital visitor. Visitor's attorney will use the doctrine of ________________to show that Local Hospital breached a duty of care.

Res ipsa loquitur

Negligence per se

Malpractice

Contributory negligence

Protects individuals from the shame and humiliation of having private aspects of their lives exposed to the public

The tort of invasion of the right to privacy

Requires in all cases that malice be proved as an element

Requires that actual damages be demonstrated

Requires that some form of defamation have occurred

Protects individuals from the shame and humiliation of having private aspects of their lives exposed to the public

Invasion of privacy

Len, a local photographer, shot a photo of a family at the beach. Without their knowledge or consent, Len used the photo in all his ads and business cards and featured it prominently on his web page. Len has committed the tort of

Disparagement

Invasion of privacy

Trespass to personality

Negligence per se

Nuisance

Mary, concerned with antibiotics and chemicals in the food supply, started to raise pigs in the backyard of her suburban home. She now has fourteen pigs that produce a significant amount of solid waste, which attracts insects and smells very bad. There are no town or county ordinances that specifically forbid raising pigs. Her neighbors should challenge her right to engage in this activity based on the tort of

Intentional interference with a prospective business advantage

Intentional infliction of emotional distress

Nuisance

Trespass to land

A, B and C are all possible legal consequences.

Local hunter went onto Neighbor's land because deer had been seen there. Hunter knew that the land belonged to his neighbor and that it was posted against hunting. If Neighbor sues Hunter,

Hunter will be liable for willful trespass to land.

Hunter may be liable for punitive damages.

Hunter may have to pay neighbor's court costs and attorney's fees

A, B and C are all possible legal consequences.

Mental distress

Bereaved had a dispute with Funeral Home over the costs of services for his father. When he left home the morning of the funeral, he found his father's embalmed body on his front door step. Bereaved has suffered prolonged sleeplessness and depression since then. Bereaved can sue Funeral Home for

False imprisonment

Mental distress

Disparagement

Invasion of privacy

Privity

In early product liability cases, a consumer who was injured by a defectively manufactured product could only sue the retailer who sold her the product. The retailer would then sue the distributor, who would sue the manufacturer. This doctrine that makes the immediate seller the only defendant is called_______________.

Warranty restriction

Privity

Sellers liability

The McNabb rule

The duty not to entrap the trespasser on the premises

Which of the following describes the duty of a landowner to a trespasser under the common law?

The duty to warn of obvious dangers

The duty to warn of hidden dangers

The duty not to entrap the trespasser on the premises

The duty to make certain that the premises are absolutely safe

Res ipsa loquitur

The doctrine that creates a rebuttable presumption that a defendant was negligent based on the nature and circumstances of the injury is

Res ipsa loquitur

Negligence per se

Malpractice

Contributory negligence

Actual cause

Juries use the "but for" test (i.e. "but for the negligent act of the defendant would the plaintiff have been injured") to decide if the requirement of __________________is met.

Probable cause

Actual cause

Proximate cause

Reasonable cause

All of the above can be pled to reduce damages.

Which of the following could be argued by the defendant in a product liability case based on strict liability to limit the dollar amount of the damages awarded to the plaintiff?

The product was based on state of the art design.

The manufacturer exercised all reasonable care in the manufacture of the product.

The user was careless or misused the product.

All of the above can be pled to reduce damages.

Compensatory

The damages that are awarded to a victim to make the victim "whole" are ____________ damages.

Punitive

Compensatory

Nominal

Consequential

False

There are no defenses available to a defendant manufacturer in market share liability cases

True

False

Chattel

The legal classification for all property that is not real property is ________________.

Chattel

General intangibles

Contraband

Res in se

True

A minor is held to the same duty of care as an adult when driving a car.

True

False

False imprisonment

When a business detains a suspected shoplifter it must be careful not to commit the tort of

Invasion of privacy

Nuisance

False imprisonment

Disparagement

False

In a product liability case, defendant manufacturer can use as a defense the plaintiff's failure to discover the defect in the product.

True

False

True

Absent a special relationship, one person has no legal duty to warn or rescue another.

True

False

Defendant driver caused a car accident by running a red light

The doctrine of negligence per se applies in which of the following cases?

Defendant surgeon left a sponge in a patient

Defendant driver caused a car accident by running a red light

Defendant accountants have joint and several liability in tort cases

Plaintiff voluntarily assumed the risk of the injury he suffered.

All of the above are true statements.

Which of the following statements is true about the use of the reasonable person standard in negligence cases?

The reasonable person is presumed to have a minimum level of knowledge and common sense.

The reasonable person of the standard takes on the physical characteristics of the defendant.

The standard of care for the reasonable person would be less stringent in emergency situations.

All of the above are true statements.

True

In negligence per se cases, the injury that the plaintiff suffers must be the same type of injury that a statute was intended to prevent.

True

False

Exemplary

Another term for punitive damages is ___________damages.

Inculpatory

Exculpatory

Exemplary

Criminal

Contributory negligence

The negligence doctrine that most favors the defendant is

Contributory negligence

Comparative negligence

Res ipsa loquitur

Negligence per se

Business invitees

Traditionally landowners owe the highest duty of care to

Trespassers

Invited guests

Family members

Business invitees

Interference with contractual relations

Company A has entered into a contract to acquire Company B. Hearing of this, Company C offers to acquire Company B for more money and to indemnify the directors of Company B for any damages resulting from its breaching its contract with Company A. Company A can sue Company C for the tort of

Breach of contract

Trespass

Interference with contractual relations

Interference with prospective advantage

False

To be liable for trespass to land a person must know that the property belongs to another.

True

False

Contingent

Lawyers fees that give the lawyer a percentage of the amount awarded to the plaintiff if the plaintiff wins, and nothing if the plaintiff loses, are ________________fees.

Compensatory

Contingent

Exemplary

Per Diem

Pure comparative fault negligence

Assume that plaintiff was 60 percent responsible for his own injuries. He would be able to recover the 40 percent of his injuries caused by the negligent defendant if the state which hears the case follows the doctrine of____________________.

Contributory negligence

Modified comparative fault negligence

Pure comparative fault negligence

Situs negligence

False

Assumption of the risk is an element of negligence that must be proved by the plaintiff.

True

False

True

Early cases of strict liability dealt primarily with liability for dangerous animals or abnormally dangerous activities.

True

False

Gross

Willful and wanton misconduct or conscious disregard for the safety of others constitutes ________________negligence.

Slight

Ordinary

Gross

Per se

Malpractice

The negligence committed by a professional, such as a doctor or a lawyer, in the conduct of his profession is ___________________.

Malpractice

Negligence per se

Negligence ad hominem

Res ipsa loquitur

No because Cuddles suffered no injury while she was free.

Valerie Vet accidentally left the back door to her pet clinic open and Cuddles, a canine patient, escaped. Cuddles ran around in the road and in an adjacent field until she was found and returned to the clinic half an hour later, completely unharmed. Is Valerie liable to Cuddles' owner for negligence?

Yes, Valerie Vet breached a duty of care to her patient.

Yes, it is foreseeable that an unleashed dog will run out of an open door.

Yes, allowing a dog to run loose for half an hour constitutes gross negligence.

No because Cuddles suffered no injury while she was free.

True

A person is negligent if he or she fails to act as a reasonable and prudent person would act in those circumstances.

True

False

Nuisance

Sam's neighbor has opened a shooting range on his property. This is an entirely legal enterprise, but Sam hears guns shots 10 hours a day, cannot hear his television or talk on the phone. What tort, if any, is neighbor committing?

Trespass

Invasion of property

Nuisance

Neighbor is committing no tort conducting a legal enterprise.

False

Exemplary damages are also known as compensatory damages.

True

False

Economic

Money awarded to an accident victim to make up for lost wages would be classified as ______________damages.

Punitive

Economic

Non-economic

Nominal

False

Strict liability is also called "absolute liability" because there are no defenses that a defendant can raise.

True

False

False

Most courts allow plaintiffs to use strict liability to collect damages for economic loss in product liability suits.

True

False

Strict liability

Famous Felines is a nightclub act featuring trained lions and tigers. After years of successful and highly popular performances, one of the lions suddenly attacked a spectator sitting in the audience. Famous Felines' liability to the injured spectator will be based on___________.

Ordinary negligence

Gross negligence

Criminal negligence

Strict liability

No, because Mary had no duty of care to the boys

Mary saw two boys swimming across a river she knew had a deep and dangerous channel. She did not warn the boys or try to stop them. If one of the boys were injured, could Mary be sued for negligence?

Yes, because the danger to the boys was foreseeable

Yes, because she owed them an enforceable moral duty

Yes, because all adults have a duty of care to all minors

No, because Mary had no duty of care to the boys

Offeree

The person to whom an offer to form a contract is made is called the___________.

Offeree

Donee

Offeror

Obligor

False

Damages that involve only a very small monetary award are called liquidated damages.

True

False

Offeror

The person who makes an offer to form a contract is the ______________.

Maker

Donor

Offeror

Offeree

True

The amount of damages sustained in a breach of contract case is a question of fact to be presented to the jury.

True

False

True

Another term for punitive damages is exemplary damages.

True

False

True

Grace has a valid contract with Al to buy a desk once owned by James Madison. Al now refuses to go through with the sale. Because the item is unique, Grace can seek a decree of specific performance to enforce the contract.

True

False

No, federal law allows Kelly to treat the unsolicited book as a gift, and she may do whatever she wants with it.

Kelly received a cookbook in the mail that she had not ordered. The packing slip read: " Return this book to the publisher within 14 days or send a check for 35 to the address below." Kelly did not return the book within the 14 days and she has not sent the money as requested. Is Kelly required to pay for the cookbook?

Yes, the publisher made an offer for a unilateral contract, which Kelly accepted by not returning the book as instructed.

Yes, when Kelly did not return the book, her conduct created an implied-in-fact contract to which she is bound.

Yes, there is an implied-in-law contract and Kelly must pay for the book to prevent unjust enrichment.

No, federal law allows Kelly to treat the unsolicited book as a gift, and she may do whatever she wants with it.

False

Contracts in which both sides have completely performed their duties are executory.

True

False