Deck 10: Torts and Workers Compensation

Question 1

False imprisonment does not occur if the tortfeasor blocks one exit, but there is an alternative means of escape.

Answer 1

True

Question 2

Truth is an absolute defense to slander, but not to libel.

Answer 2

False

Question 3

Battery requires an intentional, unwanted touching; assault requires that the victim experience fear or apprehension regarding an imminent assault.

Answer 3

True

Question 4

Compensatory damages are given to compensate a plaintiff for his economic loss but not his pain and suffering.

Question 5

Under mixed comparative negligence rules, if the plaintiff is 60% liable for his own injuries and the defendant is 40% liable, the plaintiff is entitled to recover no damages.

Question 6

Worker's Compensation statutes compensate an injured employee for his pain and suffering.

Question 7

Res ipsa loquitur applies when the defendant has violated a criminal statute intended to protect individuals in the same category as the plaintiff from the same type of harm.

Question 8

In a negligence action, the plaintiff must prove both actual cause and proximate causation.

Question 9

Workers' Compensation statutes generally do not require the employee to prove any negligence on the part of the employer.

Question 10

To be compensable a workers' compensation claim must

A)involve an injury that arose in the course of employment
B)be based on the negligence of the employer
C)be based on the negligence of the employee
D)allege conduct that would constitute a tort

Question 11

Which of the following is a type of intentional tort?

A)negligence
B)battery
C)strict liability
D)none of the above are intentional torts

Question 12

Which of the following would not be raised as a defense to a tort action?

A)Self-defense
B)Consent
C)Negligence per se
D)Privilege

Question 13

Compensatory damages do not include

A)Pain and suffering
B)Punitive damages
C)Medical bills
D)Loss of Wages

Question 14

Comparative negligence is not a defense to a claim of strict liability.

Question 15

Which of the following is a type of tort?

A)Intentional tort
B)negligence
C)strict liability
D)Breach of contract.