Exam 7: Torts

In tort law,only people that you are a third-party beneficiary to can probably sue you for breach of contract.

If a tortfeasor is engaged in certain activities and someone is injured or killed,then under _____ the tortfeasor is held liable no matter how careful or careless he or she may have been.

Negligence is about breaching the duty we owe others,as determined by state tort law.

If a plaintiff unknowingly and involuntarily assumes the risk of participating in a dangerous activity,then the defendant is not liable for injuries incurred.

What are the elements plaintiffs have to demonstrate in order to prove negligence?

Since comparative negligence is a fairly harsh rule,most states follow the contributory negligence rule instead.

Under the open and obvious doctrine,a homeowner who is automatically negligent for any ,injuries sustained by guests,unless he can prove they were uninvited.

Negligence is distinguished from intentional torts in that:

Exploiting a known sensitivity in a child,the elderly,or pregnant women can constitute intentional infliction of emotional distress.

Discuss the three primary areas of tort law.

_____ is the intrusion into the personal life of another without legal justification.

Differentiate between assault and battery.

There are no constitutional limits to the award of punitive damages.

Professional negligence by business professionals such as doctors,accountants,and lawyers is known as malpractice.

Trespass to personal property is the unlawful taking of another's personal property without the owner's permission.

Which of the following is an example of the tort of battery?

By definition,crimes are intentional and therefore foreseeable.

_____ takes place when someone intentionally confines or restrains another person's movement or activities without justification.

What is shopkeeper's privilege?

The first element that has to be demonstrated in order to prove negligence is that the defendant owes a duty to the plaintiff.