Exam 9: Torts

Motive is an essential element of tort liability.

The use of someone's car without that person's permission is a trespass to personal property.

Strict liability is one type of tort.

A buyer who is dissatisfied with the service or product provided by a merchant cannot be charged with defamation for false statements made in an attempt to coerce the merchant to perform to the buyer's satisfaction.

Alice strikes Mary, but the action is not purposeful. Mary should sue Alice for:

John was driving his car in a careless way, failing to drive as a reasonably prudent person would under the driving conditions. Ramona was crossing the street in a careless way, failing to cross as a reasonably prudent person would. John struck and injured Ramona with the car John was driving. At trial, it was determined that John was 80 percent at fault and that Ramona was 20 percent at fault. The injuries sustained amounted to $100,000. Explain how much, if any, recovery Ramona would receive in a state that applies the contributory negligence rule. Do the same thing for a state that applies the comparative negligence rule.

Comparative negligence:

If the plaintiff has either engaged in or refrained from actions that are at least partially to blame for the injuries received, what negligence has occurred?

Professionals have a duty to perform their jobs at the level of:

Governments are generally immune from tort liability.

A wrong that arises from a violation of a private duty is called a:

Torts arise from a violation of a ____ duty.

The concept of immunity from liability means that:

A tort is a wrong arising from a violation of a private duty.

John owed Barney money. Barney called John's home several times per day for five weeks asking for repayment, with some of the calls coming after midnight. Barney might be liable for:

Libel is the printed equivalent of the spoken form of defamation known as slander.

Negligence can be proven without showing actual damage.

A victim of a tort may sue and recover money damages.

Concerning torts and crimes, choose the correct statement:

Trespass applies to: