Deck 9: Torts and Privacy protection

Question 1

Assumption of risk is a defense to the tort of negligence.

Answer 1

True

Question 2

Accountants may be liable to persons other than their own clients for their own negligence.

Answer 2

True

Question 3

In most jurisdictions,truth is not an absolute defense to a defamation claim.

Answer 3

False

Question 4

Trespass may occur below the surface of land.

Question 5

The public disclosure of private facts that a reasonable person would find objectionable is a tort.

Question 6

The tort of conversion requires that the defendant know that the goods belonged to the plaintiff.

Question 7

Punitive damages generally attempt to restore the plaintiff to the same position he or she was in before the tort occurred.

Question 8

A tort is a type of civil or criminal wrong.

Question 9

Tort damages generally attempt to restore the plaintiff to the same position he or she was in before the tort occurred.

Question 10

A licensee is anyone who is on the possessor's land as a business visitor.

Question 11

The tort of intentional infliction of emotional distress protects a person's right to peace of mind.

Question 12

Intent may be transferred.

Question 13

An employer may not be held vicariously liable for harm caused by an employee unless it can be established that the employee was acting within the scope of employment when the harm occurred.

Question 14

Playing loud music late at night for recreation in a residential neighborhood can constitute a private nuisance.

Question 15

France requires bystanders to try and help those in danger if trying to help will not put the bystanders at risk.

Question 16

An employer may not be held directly liable under tort law for failure to use care in issuing a reference.

Question 17

A professional athlete injured during practice is deemed to have consented to the physical contact attendant to practice.

Question 18

Trespass to personal property and conversion are different names for the same tort.

Question 19

The tort of false imprisonment requires that the plaintiff either knew he or she was confined or suffered harm as a result of the confinement.

Question 20

Intent cannot be implied.

Question 21

Spoken defamation is known as

A)libel.
B)slander.
C)malicious intent.
D)invasion of privacy.

Question 22

Under the defense of assumption of risk,the plaintiff must have

A)been aware of and understood the nature of the risk.
B)voluntarily chose to take the risk.
C)been ignorant of the risk.
D)been aware of and understood the nature of the risk and also voluntarily chose to take the risk.

Question 23

__________ is the publication of statements derogatory to the quality of the plaintiff's business,to the business in general or to the plaintiff's personal affairs in order to discourage others from dealing with him or her?

A)Disparagement
B)Critical falsehood
C)Defamation
D)Malicious derogatorism

Question 24

Which of the following is true regarding assault?

A)Assault is an intentional,nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent.
B)Assault is an intentional,nonconsensual act that gives rise to the fear that a harmful or offensive contact is imminent.
C)Assault is a negligent,nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent.
D)Assault is a negligent,nonconsensual act that gives rise to the fear that a harmful or offensive contact is imminent.

Question 25

Which of the following is an unreasonable and substantial interference with the public health,safety,peace,comfort,convenience,or utilization of land?

A)Private nuisance.
B)Conversion.
C)Trespassory nuisance.
D)None of the answers are correct.

Question 26

Which of the following is the exercise of dominion and control over the personal property,rather than the real property,of another?

A)Conversion
B)Trespass
C)Invasionary deceit
D)Both conversion and trespass

Question 27

Which of the following are forms of invasion of privacy?

A)Intrusion of privacy.
B)Public disclosure of private facts.
C)Private disclosure of private facts.
D)Both intrusion of privacy and public disclosure of private facts.

Question 28

The tort of negligence does not include the element of ______.

A)duty
B)causation
C)fault
D)intent

Question 29

For the tort of intentional infliction of emotional distress,a plaintiff need not show

A)emotional distress.
B)actual and proximate causation.
C)outrageous conduct.
D)an employer / employee relationship.

Question 30

The "but for" test and the "substantial factor" test are both associated with which element of a negligence claim?

A)Injury
B)Causation
C)Duty
D)Breach

Question 31

Which of the following is not a part of the attractive nuisance doctrine?

A)The landowner knew or should have known that children were likely to trespass.
B)The condition is one the landowner would reasonably know involved an unreasonable risk of injury to children.
C)The utility to the landowner of maintaining the condition is great.
D)The children,because of their youth,did not discover the condition.

Question 32

The U.S.Supreme Court has held that in order for a public official or public figure to recover damages for defamation by a media defendant,there must be a showing of

A)intent.
B)negligence.
C)actual malice.
D)invasion of privacy.

Question 33

What does the term respondeat superior mean?

A)Let the master answer
B)Let the servant answer
C)Let the servant or master answer
D)The master was negligent

Question 34

Which of the following is true regarding battery?

A)Battery is the negligent,nonconsensual,harmful or offensive contact with the plaintiff's body or with something in contact with it.
B)Battery is the intentional,nonconsensual,harmful or offensive contact with the plaintiff's body or with something in contact with it.
C)Battery is the intentional,consensual,harmful or offensive contact with the plaintiff's body or with something in contact with it.
D)Battery is the negligent,consensual,harmful or offensive contact with the plaintiff's body or with something in contact with it.

Question 35

Under strict liability the defendant's ________ is irrelevant.

A)due care
B)intent
C)fault
D)all of the responses are correct

Question 36

Which of the following is not a part of the measure of compensatory damages?

A)The cost to repair or replace an item.
B)The decrease in market value of an item.
C)Compensation for medical expenses.
D)Damages to deter others from engaging in similar conduct.

Question 37

Under the doctrine of ________,the plaintiff's negligence is an absolute bar to recovery against the defendant.

A)contributory negligence
B)comparative negligence
C)contribution
D)indemnity

Question 38

Written defamation is known as

A)libel.
B)slander.
C)malicious intent.
D)invasion of privacy.

Question 39

In which of the following situations would the doctrine of res ipsa loquitur apply?

A)A truck backed into a fence.
B)A jar of jam fell on your foot.
C)A post operative x-ray showed a surgical sponge in your stomach.
D)A door slammed on your foot.

Question 40

The wrongful interference with the right to the quiet use and enjoyment of land is associated with the tort of

A)trespass.
B)nuisance.
C)ultra hazardous activities.
D)strict liability.

Question 41

Blastco is an expert demolition company.During the process of leveling some land,Blastco fell behind in their schedule and used twice the normal amount of dynamite to blast some hills.When a charge exploded,the blast broke several of the windows in Paul's home.Paul lives five miles from the blast site.What theory or theories may Paul use to recover damages from Blastco? Discuss fully.

Question 42

Fact pattern 9-3
Alex and Blake got in a heated argument because Alex asked Blake's girlfriend out on a date.Blake decided that he wanted to scare Alex and drew back his fist to hit Alex.He stopped just as he was about to strike Alex in the nose.Alex yelled out,"You didn't scare me.I was ready for a fight!" Later,Alex decides that he would indeed like to sue Blake and asks your advice.
Refer to fact pattern 9-3.What would you tell Alex regarding whether he should sue Alex for committing a battery?

A)That it appears that the necessary elements are present for him to succeed in an action against Blake for battery so long as he can show apprehension of being struck.
B)That he could not win in an action for battery because he admitted that he was not afraid.
C)That he could not win in an action for battery because Blake did not actually strike him.
D)That he could not win in an action for battery because it appears that Blake's actions were justified.

Question 43

Fact pattern 9-2
Blake lives in a jurisdiction that applies joint and several liability along with the doctrine of contribution.He was involved in a very unfortunate motor vehicle accident.Tony hit his new Mercedes in the rear just as Cathy crossed the center line and sideswiped him.Blake's car was severely damaged,and Blake suffered from whiplash for a few weeks.Blake sued both Tony and Cathy.It was determined at trial that both Tony and Cathy were negligent,that Blake was not negligent,that Tony was 60% responsible for Blake's injuries,that Cathy was 40% responsible for Blake's injuries,and that Blake's total damages were $100,000.
Refer to fact pattern 9-2.Assume Blake or his insurer pays the entire amount and then attempts to recoup amounts from Cathy.Could Cathy be held liable for any amounts?

A)Yes,she could be required to pay one-half the judgment.
B)Yes,she could be required to pay $40,000.
C)Yes,she could be required to pay $60,000
D)No,she could not be legally required to pay any amounts.

Question 44

Which of the following most accurately describes the duty of landowners to a licensees?

A)They are required to look out for licensees only after they enter the land.
B)They must exercise extreme care for the protection of the licensee.
C)They are required to inspect for unknown dangers.
D)The duty arises only when the possessor has actual knowledge of a risk.

Question 45

Phil owns and operates Save Money,a local discount store.While in the store looking for discount makeup,Carol accidentally dropped some lipstick on the ground and could not find it before she left.Later that same day,George came into Save More looking for a new plunger.As he turned the corner to the plumbing aisle,he slipped on the lipstick that had been dropped by Carol and fell into a display of wrenches,severely injuring himself.Can George recover from Save More for his injuries?

Question 46

Fact pattern 9-1
Frank belongs to the same country club as his former physician,Dr.Bozo.Frank recently started dating Dr.Bozo's former wife,Alice,and decided to find a new physician.Frank found out that Dr.Bozo has been telling their mutual friends at the club about Frank's high blood pressure and problems with anxiety.Frank is very angry,confronts Dr.Bozo on the golf course and tells him that he is going to sue him under a federal law protecting medical information.Dr.Bozo laughs and says in front of a number of Frank's golfing buddies,"I'm not surprised that you're going nuts and that you have high blood pressure - hanging out with Alice has done that to many a man."
Refer to fact pattern 9-1.What right of action,if any,would Frank have against Dr.Bozo?

A)He has no cause of action against Dr.Bozo because the law does not protect this type of invasion of privacy so long as Dr.Bozo was being truthful regarding his health condition.
B)He could sue Dr.Bozo under a federal statute enacted to protect privacy rights.
C)He could not sue Dr.Bozo directly under any federal statute enacted to protect privacy rights,but he could likely prevail in a common law action for the public disclosure of private facts.
D)He could not sue Dr.Bozo under federal law for invasion of privacy nor could he sue under a common law cause of action,but only because he was no longer Dr.Bozo's patient.

Question 47

Fact pattern 9-3
Alex and Blake got in a heated argument because Alex asked Blake's girlfriend out on a date.Blake decided that he wanted to scare Alex and drew back his fist to hit Alex.He stopped just as he was about to strike Alex in the nose.Alex yelled out,"You didn't scare me.I was ready for a fight!" Later,Alex decides that he would indeed like to sue Blake and asks your advice.
Refer to fact pattern 9-3.What would you tell Alex regarding whether he should sue Blake for committing an assault?

A)That it appears that the necessary elements are present for him to succeed in an action against Blake for assault so long as he can show apprehension of being struck.
B)That he could not win in an action for assault because he admitted that he was not afraid.
C)That he could not win in an action for assault because Blake did not actually strike him.
D)That he could not win in an action for assault because it appears that Blake's actions were justified.

Question 48

Paul is suing Dan for negligence arising out of a boating accident.What are the elements that Paul must prove in order to win his case? What defenses may Dan use to prevent Paul from recovering,or to at least lessen his recovery? Discuss fully.

Question 49

What must a plaintiff show to successfully sue for malicious prosecution?

A)That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis.
B)That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis,and that the earlier case was resolved in the plaintiff's favor.
C)That a prior proceeding was instituted against him or her negligently and that the earlier case was resolved in the plaintiff's favor.
D)None of the responses are correct.

Question 50

Which of the following is the best defense to negligence?

A)The plaintiff was a friend of the defendant.
B)The defendant did not intend to harm the plaintiff.
C)The defendant was concerned for the safety of the plaintiff.
D)The plaintiff contributed to his own injuries.

Question 51

A court order prohibiting a defendant from continuing a certain activity would be called a(n)_________.

A)injunction
B)indictment
C)edict
D)none of the above

Question 52

Fact pattern 9-1
Frank belongs to the same country club as his former physician,Dr.Bozo.Frank recently started dating Dr.Bozo's former wife,Alice,and decided to find a new physician.Frank found out that Dr.Bozo has been telling their mutual friends at the club about Frank's high blood pressure and problems with anxiety.Frank is very angry,confronts Dr.Bozo on the golf course and tells him that he is going to sue him under a federal law protecting medical information.Dr.Bozo laughs and says in front of a number of Frank's golfing buddies,"I'm not surprised that you're going nuts and that you have high blood pressure - hanging out with Alice has done that to many a man."
Refer to fact pattern 9-1.Is there any federal law prohibiting Dr.Bozo from revealing Frank's medical history?

A)There is no such federal law.
B)There is a federal law called the Health Insurance Protability and Accountability Act that prohibits the revelation of private medical information by health care providers.
C)There is a federal law called the Gramm-Leach-Bliley Act that prohibits the revelation of private medical information by health care providers.
D)There is a federal law called the Physician-Nurse Privacy Act that prohibits the revelation of private medical information by health care providers.

Question 53

John has just learned that the latest issue of The Blurb,the local school newspaper,has referred to him as a "liar,cheat,and a lousy student." In fact,John is only a lousy student; he is a very honest person.Explain in detail what theory John can use to recover damages from The Blurb.What defenses are available to the newspaper?

Question 54

Fact pattern 9-2
Blake lives in a jurisdiction that applies joint and several liability along with the doctrine of contribution.He was involved in a very unfortunate motor vehicle accident.Tony hit his new Mercedes in the rear just as Cathy crossed the center line and sideswiped him.Blake's car was severely damaged,and Blake suffered from whiplash for a few weeks.Blake sued both Tony and Cathy.It was determined at trial that both Tony and Cathy were negligent,that Blake was not negligent,that Tony was 60% responsible for Blake's injuries,that Cathy was 40% responsible for Blake's injuries,and that Blake's total damages were $100,000.
Refer to fact pattern 9-2.Assuming she has the financial resources or sufficient insurance,can Blake recover the entire $100,000 from Cathy?

A)Yes.
B)No,but only because she was found to be less at fault than Blake.
C)No,because joint and several liability is in effect.
D)Only if Blake can establish that Tony is insolvent can he recover the entire amount from Cathy.

Question 55

The _________ doctrine imposes liability for physical injury to child trespassers caused by artificial conditions on the land.

A)negligence per se
B)foreseeable trespasser
C)attractive nuisance
D)respondeat superior

Question 56

Through the requirement of _________ cause the law places limits on the defendant's liability.

A)proximate
B)factual
C)nearest
D)recognized

Question 57

The doctrine of ________ helps to offset the effect of joint and several liability.

A)contribution
B)respondeat superior
C)vicarious liability
D)contributory negligence

Question 58

Under the doctrine of _________,once the court determines that multiple defendants are at fault,the plaintiff may collect the entire judgment from any one of them,regardless of the degree of that defendant's fault.

A)joint and individual liability
B)cumulative liability
C)contributory liability
D)none of the responses are correct

Question 59

Under the doctrine of ________,the plaintiff may only recover the proportionate amount of damages attributable to the defendant's negligence

A)contributory negligence
B)comparative negligence
C)contribution
D)indemnity

Question 60

Fact pattern 9-1
Frank belongs to the same country club as his former physician,Dr.Bozo.Frank recently started dating Dr.Bozo's former wife,Alice,and decided to find a new physician.Frank found out that Dr.Bozo has been telling their mutual friends at the club about Frank's high blood pressure and problems with anxiety.Frank is very angry,confronts Dr.Bozo on the golf course and tells him that he is going to sue him under a federal law protecting medical information.Dr.Bozo laughs and says in front of a number of Frank's golfing buddies,"I'm not surprised that you're going nuts and that you have high blood pressure - hanging out with Alice has done that to many a man."
Refer to fact pattern 9-1.Alice is furious when she finds out what Dr.Bozo said about her and decides that she is going to sue him for defamation.Which of the following would be Dr.Bozo's best defense?

A)That he did not put anything in writing and that,therefore,no cause of action for defamation is available.
B)That he was married to Alice at one time.
C)That he did not make the statement in front of a sufficient number of people.
D)That he was expressing an opinion.

Question 61

Bill,a student at State University,needed a way to get some cash quickly.He took a photograph of State University's head cheerleader,Marla,and started selling jerseys with her photograph on the back under the caption of "She's Hot." Marla wants to sue for defamation.She asks you if she could win on a defamation claim and if there is anything else for which she should sue.Discuss the elements of the legal theories involved and what you should tell Marla.

Question 62

What are the requirements for the application of res ipsa loquitur?