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Exam 5: Intentional Torts and Negligence

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Question 21

True/False

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True statements can be the basis for commission of the tort of invasion of the right to privacy.

A) True
B) False

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Question 22

Multiple Choice

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If a plaintiff voluntarily enters into or participates in a risky activity that results in injury,what is the most likely defense that he or she may use in response to a defendant's claim that the plaintiff assumed the risk?

A) contributory negligence
B) comparative negligence
C) plaintiff had no knowledge of the danger involved when he or she participated in the activity
D) defendant was negligent per se
E) defendant assumed the risk under the "danger invites rescue" doctrine

F) C) and D)
G) A) and B)

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Question 23

Multiple Choice

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The best statement of the test applied in determining if a defendant was the proximate cause of the plaintiff's injuries is:

Intent is required for a product disparagement claim.

Cindy was riding her bicycle on a paved bike path and had an accident with another cyclist.Cindy's $1,000 bicycle was destroyed in the accident.If the jury determined that Cindy was 60 percent at fault and the other cyclist 40 percent at fault,under which doctrines would Cindy be entitled to recover $400 from the other cyclist?

Injuries suffered as a result of a tort may include past and future medical expenses.

The violation of a statute that proximately causes an injury is negligence per se.

A medical doctor who amputates the wrong arm may be held liable for which of the following?

Mary,a 68-year-old widow,hired an electrician to make some wiring repairs to her home.The electrician accidentally started a fire that destroyed her house.Mary was not injured,but watched her house burn along with all her possessions.It was emotionally devastating to watch as she lost a whole life's worth of memories.Can she recover for negligent infliction of emotional distress?

The doctrine applied when someone intends to cause injury to a certain person,but instead actually causes that injury to a different person is:

Persons who engage in abnormally dangerous activities such as crop dusting or blasting:

Which of the following is true about the tort of invasion of the right to privacy?

In all defamation of character cases,the plaintiff must prove that the defendant knew that the statement was false.

In the Palsgraf case,foreseeability was an issue.The question addressed by the court was:

A reporter appears on television and declares that the head coach of a professional sports team is "the worst coach in the history of sports." The coach subsequently files a lawsuit against the reporter.A court would most likely determine which of the following?

The doctrine that is applied when a defendant violates an existing statute intended to prevent the injury in question to persons of a class that includes the plaintiff is:

Good Samaritan laws do not generally protect persons who are not medical professionals and who have not had training in CPR.

Powdersurf is a manufacturer of snowboards.Powdersurf is an aggressive marketer,and new to this product line.Powdersurf has adopted several strategies to help it rapidly build market share.One approach was to make the designs and graphics of some of its snowboards nearly identical to those of the industry leader's snowboards.In addition,Powdersurf has begun an advertising campaign that criticizes its competitor's products.For example,it has made several claims,known to be wrong,about the materials used in the competitor's boards.It has also made claims about a tendency of one competitor's boards to break during use.This was based on an independent lab's report that later proved to be wrong.Lastly,Powdersurf made several allegations about the president of the leading competitor,primarily claiming that this well-known snowboarding pioneer had not accomplished all that he claimed.Powdersurf believed that its allegations were correct,but it turned out that they were wrong.Discuss any tort claims that might be brought against Powdersurf and their likely resolution.

Sam is a business executive who flies often in connection with work.After the September,2001 terrorists' destruction in New York and Washington,Sam flew less frequently.In response to the attacks,new federal regulations made the federal government responsible for all airport security personnel.In most cases,including at Sam's home airport,the government met the obligation by hiring private contractors to provide the security services.These firms were heavily regulated and controlled by the government.Also,in the new regulations were profiling guidelines that required additional security screenings for persons meeting such guidelines.These guidelines were partly secret,but it was known that members of certain races were much more likely to fall within them.In addition,on average,six times as many males as females met the guidelines.Shortly after these regulations were in place,Sam went to his airport and found extremely long lines at the security checkpoint.He waited in line nearly 3 hours.As he was about 10 people away from being screened,an irate passenger,Marvin,came running through the line screaming that he was about to miss his flight.Marvin accidentally hit Sam forcefully,breaking Sam's arm.In addition,Sam had his pet ferret (a small animal,an exotic pet)in his coat pocket.The impact caused the ferret to die.Marvin said that the slowness and incompetence of the security personnel had caused him to "lose it." When Sam reached the security checkpoint,he was pulled aside for additional screening.This involved waiting in an additional line for 30 minutes longer.Sam learned that he had to go through the additional security because he was returning home on the same day,had no checked baggage,and was male.Sam has sued both the security screening company and Marvin for his injuries and the loss of his ferret,and emotional distress related to these.Discuss Sam's claims,any defenses and their likely resolution.

Strict liability is liability without fault.