Deck 10: Torts

Question 1

Shakira slips on a grape at the grocery store, suffers injuries, and is now suing. Which of the following is the appropriate theory of recovery?

A) Breach of warranty.
B) Negligence.
C) Product liability.
D) Intentional tort.
E) None of the above.

Answer 1

B

Question 2

Maria was driving a Ford Pinto when the car was involved in a minor traffic accident. The gas tank exploded and she was severely burned. She may:

A) Receive damages for the fear and apprehension that a bystander suffered as a result of the accident.
B) File a tort action for product liability against the manufacturer, Ford Motor Company.
C) File a contract action for breach of warranty of merchantability against her automobile dealer.
D) A and C.
E) B and C.

Answer 2

E

Question 3

A university football coach has been accused of mistreatment of a student He denies the well-publicized charges and files a civil lawsuit against various news agencies. Which of the following are defenses that are likely to be utilized?

A) Truth.
B) Unfair competition.
C) That he is a public figure and must show actual malice in order to recover.
D) A and B.
E) A and C.

Answer 3

E

Question 4

A state statute requires that innkeepers must provide certain types of locks on room doors as well as information regarding hotel security to each customer. The Bates Motel failed to do so, and Marian Crane was attacked in the shower. Which of the following theories of recovery would be appropriate in her litigation against the Motel?

A) Intentional tort.
B) Product liability.
C) Respondeat superior.
D) Negligence per se.
E) All of the above.

Question 5

Cassandra is the well-known architect who designed the world-renowned Palo Duro Opera House. The roof of the building collapses, injuring scores of people. Cassandra:

A) Owes a duty of ordinary care in designing the building.
B) Is held to a higher standard of care in her building designs than a weekend carpenter would be in building an addition to her home.
C) Would be held to the same standard of care as a geologist would be in designing the building.
D) A and B.
E) A and C.

Question 6

Tort law allows recovery for interference with which of the following interests?

A) Your body if you are battered.
B) Your reputation if someone slanders you.
C) Your relationship to your spouse for alienation of affection.
D) Your business interests from unfair competition.
E) All of the above.

Question 7

Strict liability abrogates the usual requirement of_ as a prerequisite for recovery under tort law.

A) Equity.
B) Foundation.
C) Fault.
D) Garnishment.
E) None of the above.

Question 8

Caleb is stabbed by Zachariah during a barroom brawl. The injury is serious but not life-threatening. During surgery at the hospital where there is medical malpractice, Caleb dies. Caleb's family files wrongful death suits against Zachariah, the hospital, and the doctor. Zachariah's most successful defense will probably be:

A) That Caleb consented to the attack.
B) That Zachariah's action was not the proximate cause of Caleb'sdeath and that the doctor's intervening actions removed liability from him.
C) That the doctor has more money than Zachariah and the one with deeper pockets should be held solely liable.
D) That Caleb was known to be a troublemaker.
E) All of the above.

Question 9

In negligence cases, the actions of the tortfeasor are measured by which standard? ---

A) Whether, under the circumstances of the case, the actor acted as a "reasonably prudent person of ordinary intelligence" would act.
B) Whether, under the circumstances, the actor consciously disregarded a substantial and unjustifiable risk.
C) Whether, under the circumstances, the actor ought to have been aware of a substantial and unjustifiable risk.
D) Whether the actor had a conscious objective to cause the result.
E) None of the above.

Question 10

The doctrine that '"the thing speaks for itself"'that is employed in tort cases is known as:

A) Res gestae.
B) Res ipsa loquitor.
C) Resjudicata.
D) Res universitatis.
E) None of the above.

Question 11

McCoy is injured by a defective lawnmower. Under what theories of recovery may he sue to recover damages?

A) Implied warranty of merchantability.
B) Product liability.
C) Implied warranty of fitness.
D) All of the above.
E) None of the above.

Question 12

The textbook characterizes tort law as:

A) Stable.
B) Fluid.
C) Atrophied.
D) Fossilized.
E) Anachronism.

Question 13

Richard left his textbook by those noted authors, Calvi and Coleman, on the table in the Student Union building in his eagerness to get to his Introduction to Law class. When he returned to get the book, it was gone. The tortfeasor has committed:

A) Conversion.
B) Trespass to chattel.
C) Nuisance.
D) Robbery.
E) Burglary.

Question 14

Which of the following is correct?

A) Rowe, a professional hockey player, is battered when he is slammed into the boards by an opponent during a game.
B) Rowe is assaulted when the opponent swings his hockey stick near Rowe's head but does not actually touch Rowe.
C) The opponent's defense in a civil lawsuit filed by Rowe for the torts is that Rowe consented to both by playing professional hockey.
D) All of the above.
E) None of the above.

Question 15

While attending a hockey game, you are injured by a flying puck and sue the hockey club. The team's most likely defense is:

A) Voluntary assumption of the risk.
B) Respondeat superior.
C) Negligence per se.
D) Res ipsa loquitor.
E) All of the above.

Question 16

The plaintiff must prove which of the following when she alleges negligence as the theory of recovery?

A) Damages.
B) Breach of duty.
C) Proximate cause.
D) Duty.
E) All of the above.

Question 17

You are representing the estate and surviving family of a murder victim who was a prominent banker. The forensic pathologist's report that there was cocaine present in the victim's blood was widely reported by the media. That report has now been discredited. In your multi-million-dollar lawsuit, what types of relief are appropriate?

A) Damages for the mental anguish of the victim's family.
B) Damages for invasion of privacy.
C) Damages for negligence in conducting the autopsy.
D) Compensation for the costs of the exhumation and in filing the litigation.
E) All of the above.

Question 18

The type of legal injury which occurs when a landowner uses his or her own property in a way that interferes with another's use or enjoyment of hjs or her property is:

A) An aggravation.
B) Eminent domain.
C) An annoyance.
D) A nuisance.
E) Adverse possession.

Question 19

The jury found that Mohammed, the plaintiff, was partially at fault in the accident. His award of $10,000.00 recognized that he was 10 percent at fault. This is an example of the theory of:

A) Comparative negligence.
B) Contributory negligence.
C) Res ipsa loquitor.
D Non pro bono.
E) All of the above.

Question 20

Which of the following is not a theory of recovery in tort law?

A) Negligence.
B) Strict liability.
C) Intentional torts.
D) Breach of warranty.
E) Product liability.

Question 21

Which of the following is a business-related tort?

A) Your local professional football team opens negotiations with Peyton Manning to persuade him to abandon his $98,000,000 contract with the Denver Bronchos to come to play for them.
B) A university president fires a whistleblower for advising the criminal d strict attorney of the president's maJfeasance.
C) A new soft drinks company is marketing its product "Goca-Cola" in a red can with white waves running horizontally and the name in script.
D) A corporation retains Richard Roe to ransack the home of the CE0's leading foe in order to obtain damaging material.
E) All of the above.

Question 22

Identify and discuss the elements of a prima facie case of negligence.

Question 23

Identify and discuss various types of injuries for which the plaintiff might recover damages.

Question 24

Discuss strict liability torts.

Question 25

Discuss immunity as protection in litigation.

Question 26

Identify and discuss the various types of interests protected by tort law as well as the various theories of tort with specific examples.