Exam 5: Intentional Torts and Negligence

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Which of the following instances depict the tort of outrage?

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B

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

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False

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

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D

One student actor wins a part in a play over another student actor.To get back at the winning student, the rejected student files a lawsuit against the winning student alleging intentional infliction of emotional distress, defamation, and negligence.The jury returns a verdict exonerating the defendant.The defendant is now entitled to sue the plaintiff for ________.

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Gary Govetty is a famous movie star.A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years.Gary can sue his ex-girlfriend for ________.

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In order to use the defense of assumption of risk, the defendant has to prove that the plaintiff ________.

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If a person did not have knowledge that his representation of facts was false, he is still liable for fraud.

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

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Prado Loyola is a race-car driver who has signed an agreement with the racing team Provolt, stating that Provolt is not responsible for the dangers involved in racing and that Loyola participates in all car races voluntarily, with full knowledge of the risk of injury or death that might result as a consequence.During the course of the race, a slight drizzle that covers the windshield affects Loyola's visibility and he misses a turn, resulting in a crash.Which of the following defenses can the Provost team cite to protect itself from liability in the event that Loyola sues them?

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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?

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Under negligence, a person is liable only for ________ events.

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

(True/False)
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Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________.

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________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

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Michael wanted to shoot Gary but accidentally injured Stella with the bullet.Which of the following can Stella use to recover damages from Michael?

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The tort of defamation of character requires a plaintiff to prove that the defendant ________.

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Causation in fact refers to a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

(True/False)
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Comparative negligence is a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

(True/False)
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Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality or situation that caused his or her own injury.

(True/False)
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If a plaintiff is injured, the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

(True/False)
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