Exam 9: Torts

A shopkeeper may lose the shopkeeper's privilege if:

An absolute privilege is available as a defense to slander liability when:

The concept of strict liability is applied without regard to whether the defendant was at fault.

Plaintiffs are typically awarded punitive damages in negligence cases.

Maria intentionally attempts to have Patty break a contract with Alfred.Maria will be liable under which theory of tort?

"Tort" comes from the Latin term "tortus," which means "crooked,dubious,or twisted."

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.

Governments are generally immune from tort liability.

The tort of invasion of privacy always requires the misappropriation of another's name or likeness.

Trespass to personal property requires:

When contributory negligence is proven,damages awarded as reduced based on the plaintiff's degree of fault.

Torts arise from a violation of a ____ duty.

Philip Laws leased an apartment from Candice Sutton.Laws had notified Sutton on more than one occasion that the wooden steps to his apartment were decaying and in need of repair.Laws claimed that he had to leave the outside light on to avoid portions of the steps that no longer would bear his weight when he came in at night.Sutton promised to repair the steps while Laws was away on a business trip.Accordingly,Laws did not leave lights on during his absence.When he returned three nights later,Laws was injured when one of the steps broke under his weight as he was entering his apartment.Laws sued Sutton.Sutton replied that she should not bear liability for Laws' injury because Laws knew of the condition of the steps and had not taken the customary precaution of lighting the area.Based on what you have learned in this chapter,decide the case.

A local newspaper devotes its New Year's Day issue to people who have performed heroically during the past year.One of the people included in the article was Janet,a local actress.Eight months earlier,a fire started in the theater while she was in the middle of a performance.Rather than running out,she stayed to help frightened members of the audience get out of the theater.The New Year's article stated that Janet had been unable to find work as an actress because of burns to her hands and feet and that,as a result,she owes a great deal of money.Janet sued the newspaper for invasion of privacy.Based on what you have learned in this chapter,how should the case be decided?

Professionals have a duty to perform their functions at the same level as would a reasonable person.

What type of damages is recoverable when the defendant's tortious conduct is accompanied by fraud,malice,or willful or wanton conduct?

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

Assault is the intentional,wrongful touching of another person without that person's consent.

Under the tort of false imprisonment,shopkeepers are prevented from detaining anyone whom they believe has shoplifted.

Offensive or derogatory language used by one person to describe another constitutes the tort of slander.