Exam 7: Torts: Private Wrongs

In the so-called McLibel case in England,McDonalds were unable to successfully prove libel or slander.

Intentional torts lawsuits (e.g. ,assault and battery)are less common than negligence lawsuits,but they are more likely to subject the tortfeasor to punitive as well as to compensatory damages.

Which of the following publicized statements about the plaintiff,if false,would not be sufficient to render the speaker liable for slander per se?

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?

In recent years there have been reports of restaurant employees spitting into food they serve to get even with customers they do not like.Such an action would constitute the tort of negligence.

All doctors are held to the same standard of professional care,wherever they locate their practice.

Recent lawsuits against cigarette manufactures have been based on the general theory of .

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

Thanks to many decades of litigation involving negligence,the standards of reasonable care that every person owes to all others is now defined with great clarity and precision.

A partial immunity which protects one who makes a defamatory statement in the performance of a legal,moral or social duty,to a person who has a corresponding duty or interest in receiving it is protected from a defamation charge by the defense of ..

Drivers on highways are often careless,and even reckless,yet they are not held liable for damages if no one is actually injured.They may,however,be found guilty of traffic law violations if observed,cited and convicted.

When athletes wear defective protective gear and are injured while using the equipment they may bring a suit for consortium against the manufacture and seller of the gear.

In 2003 the French Parliament limited lawsuits by parents in France based on a doctor's failure to detect a disability in a fetus.

A business law professor made this statement on a law professor list serve."Students often tell me that they learn in HR that they will be sued if they are asked for a reference and give more than "name,rank and serial number." I always tell them that so long as anything they say is truthful and can be proven,they will win any suit for defamation.Explain why the HR managers gave the advice referred to and the law professor gave that response.

In the case of Reider v Louisiana a baseball player brought a successful assault and battery lawsuit against a fan they threw beer from the stands and hit the center fielder,K.T.Reider.

Kinsey is being sued for negligence and her defense is that any damages owed should be reduced because of the plaintiff's .

Your roommate is injured in a terrible automobile accident and her parents asked you to contribute blood needed for her survival.You declined because you were busy studying for this examination.

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

A retail store

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 .