Exam 7: Torts: Private Wrongs

Many states have passed ___________ statutes providing merchants with a right and immunity from certain torts when they detain suspected petty thieves.

a. Identify and define the three basic types of torts discussed in the text. b. Give one example of each type of tort.

A postal worker slipped and fell on a garden hose that had been left across the entrance sidewalk of Ellen's home. Later that same day, Susan, who was coming by to attend a lingerie party at Ellen's home, slipped and fell on the same hose. Ellen was aware of the postman's injuries, but made no attempt to remove the hose. As to Susan's injuries

Which of the following statements is least likely to be accurate?

Stacy told several people at a coffee shop that Pat, a real estate sales agent, was a thief and unfit for her profession. Pat sued for ________________ , claiming damages even though she could identify none. Stacy's defense would be _________________ .

Since compensatory damages are supposed to fully reimburse the plaintiff for all losses suffered because of a tort or breach of contract, how can one justify the award of punitive damages?

Compensatory damages

A person who detains someone for shoplifting

Someone who enters another person's land or building with the implied or expressed permission or consent of the owner or possessor, for the benefit or convenience of the visitor, is a(n) ________________ . If the person enters to conduct any commercial activity, the visitor is a(n) ________________ . The landowner must be more protective of the latter than the former.

Victims of negligence may be able to recover each of the following kinds of damages, if appropriate, except

Secretly placing a drug in a person's beverage for the purpose of obtaining consent for sexual favors is a variety of the tort of ________________ .

Solomon filed a complaint stating: "I was driving my 2000 Lexus carefully and under the speed limit on Sunrise when I came to the intersection of Sunrise and Madison. Garcia was driving his 2002 Ford Pickup on Madison when he ran a red light and collided with my Lexus causing damages to the Lexus. I demand $15,000 from Garcia to pay for the damages to my Lexus and $10,000 for medical bills and lost wages." Solomon

Ricki Pyle, a notorious prankster, telephoned Michelle Coopersburg. She told Michelle that her brother had been terribly injured in a horrible accident. "He is near death at the Our Lady of the River Hospital." Twenty minutes later Ricki phoned Michelle again and giggling finally told her it was "just a practical joke." Has Ricki committed a tort?

Statutes of limitation limit the time during which a victim may bring legal action for damages for tortious conduct.

A statute of repose is a special type of statute of limitations.

In football and hockey games, there may be a penalty for unnecessary roughness, but there cannot  be civil liability because all participants have voluntarily assumed the risk of any injury.

If a police officer, applying a racial profile, stopped a car driven by a person of dark complexion for a "check" of registration and equipment, the victim possibly could obtain damages for the tort of .

Some states forbid riding motorcycles on public streets unless the operator wears a safety helmet. The basis for this law is that, without helmets, far too many motorcyclists suffer permanent head injuries and then wind up requiring long-term or permanent care in publicly financed facilities. Compare this law to laws prohibiting smoking, which also can produce the need for publicly financed health care.

Fred was grilling in his backyard tiki bar when he popped open a can of Diet Pepsi, took a big gulp and started gagging. He emptied the can down a sink but something heavy remained inside. He shook the can until something resembling "pink linguini" slid out, followed by "dark stuff." The report from the Food and Drug Administration concluded the foreign matter was a frog or a toad. Pepsi argued that the speed of their production lines and the rigor of our quality control systems made it virtually impossible for this type of thing to happen in a production environment, and that there never has been an instance when a claim of this nature has been traced back to their manufacturing facilities. If Fred suffered severe stomach upset and required medical attention as a result of his gulp, and sued the manufacturer for negligence in manufacturing the product, what theory would help him establish that a duty of care was breached?

Pransit, a truck driver, was involved in a truck collision with a passenger car driver by Sanjay. He sued Sanjay for negligence and Sanjay defended by claiming that Pransit was negligent in his driving. The jury heard both sides of the case and was instructed by the judge on the rules of negligence and defense of comparative negligence. They jury verdict concluded that Pransit suffered $60,000 damages and Sanjay was 75% negligent and Pransit was 25% negligent in contributing to his own harm. Pransit will recover.