Exam 7: Introduction to Tort Law

A newsmagazine may use a baseball player's picture on its cover without first obtaining written permission.

Which of the following is a proximate cause?

In a civil case, the tort victim or his family, not the state, brings the action.

Under product misuse, a plaintiff who uses a product in an unexpected and unusual way will ordinarily be able to recover money damages for injuries caused by such misuse.

"Assault" is defined as the unauthorized and harmful or offensive physical contact with another person that causes injury.

In Lester v. Albers Super Markets, Inc., the court's decision was largely based on which of the following reasons?

The "actual cause" as an element of proving negligence is sometimes called the "but for" cause; i.e., "but for" the negligence of the defendant, the plaintiff's injuries would not have occurred.

Which of the following is true in case of a tort?

In what ways can tortuous interference be established?

In Katko v. Briney, the court held that a property owner was not legally justified in using a spring-gun capable of inflicting death or serious injury to protect an unoccupied structure on his property.

Tort law is intended to punish wrong-doers to that the public is protected from negligence and intentionally harmful acts.

Statements made during the course of judicial proceedings can serve as a basis of a defamation suit.

An "act of God," is sometimes called _____.

Identify the legal doctrine that states that a principal must respond to claims brought against one of its agents.

The word tort is derived from the French word tortum, which means twisted or crooked.

A New York statute makes it a(n) _____ to use the name, portrait, or picture of any person for advertising purposes or for the purposes of trade (business) without first obtaining written consent.

There is a well-established defense to a plaintiff's tort action where the plaintiff has knowingly and voluntarily entered into a hazardous activity, which results in injury. This is known as _____.

Intentional torts result from a defendant's failure to exercise ordinary or "due" care.

In Whitlock v. University of Denver, d; Moderate

In a strict liability case, the plaintiff does not need to show "fault" (or negligence).