Question 1

Defenses to a negligent act include:

Accepted Answer

A) assumption of the risk 
B) comparative negligence 
C) assumption of the risk and comparative negligence 
D) existence of proximate cause 
E) none of the other choices

Question 2

If you are driving and,because you are talking on your cell phone and not paying attention,you accidentally run into another car,you have been negligent.

Accepted Answer

A) True 
 B)False

Question 3

An accounting firm was sued for negligently preparing a financial report for a company.It causes losses to occur.At trial,the firm was found to have been negligent in its work.This meant that the firm would likely be:

Accepted Answer

A) responsible for losses suffered by its client that could be linked to reliance on the work 
B) responsible for losses suffered by its client that could be linked to reliance on that work and to the firm whose books were audited since that firm's reputation was damaged 
C) responsible for losses not to exceed $1 million,the statutory limit on accountant liability in that state 
D) not responsible for damages despite negligence,since reliance could not be shown 
E) not responsible for damages despite negligence because of a lack of proximate cause

Question 4

In McCune v.Myrtle Beach Indoor Shooting Range,where McCune lost an eye playing paintball and sued the paintball facility,the appeals court did not hold the facility liable because McCune __________________ of playing paintball when she signed the general liability waiver.

Accepted Answer

A) implicitly assumed the risk 
B) definitely assumed the risk 
C) quietly assumed the risk 
D) refused to assume the risk 
E) none of the other choices

Question 5

One need only exhibit the ordinary care of a reasonable person when a determination is made if certain actions were negligent.

Accepted Answer

A) True 
 B)False

Question 6

You stupidly leave a stove burner on in your apartment.It starts a fire that burns down the apartment.A person driving by sees the fire and,looking at it,runs into another car.Your negligence in starting the fire makes you responsible to the people involved in the car accident.

Accepted Answer

A) True 
 B)False

Question 7

Infliction of emotional distress is involuntary conduct by a person that causes an outrageous effect on another.

Accepted Answer

A) True 
 B)False

Question 8

Reckless or outrageous conduct that creates severe mental torment is the tort of:

Accepted Answer

A) battery 
B) libel 
C) slander 
D) invasion of privacy 
E) none of the other choices

Question 9

If Sam points a gun at Harry,a stranger,and says "Prepare to die," but then does nothing,the tort possibly committed is:

Accepted Answer

A) negligence 
B) invasion of privacy 
C) battery 
D) slander 
E) none of the other choices

Question 10

For liability to be imposed when negligence is alleged,in many jurisdictions,the injured party must prove that the defendant's act was not only the cause in fact of the injury but also the _______________ of the injury.

Accepted Answer

A) superseding cause 
B) intervening conduct or strict liability 
C) misappropriation 
D) proximate cause or substantial factor 
E) none of the other choices are required

Question 11

Suppose someone uses an Internet server,such as AOL,to send a message to others that is defamatory.The person injured by the defamation has a good case against:

Accepted Answer

A) the sender and AOL 
B) the sender but not AOL unless AOL was aware of the activity and did not halt it 
C) the sender but not AOL under any circumstances 
D) neither party;defamation actions from Internet transmissions are shielded by federal law 
E) neither party;defamation may only occur when the transmission is face-to-face

Question 12

Assault and battery are examples of intentional interference with protected personal rights.

Accepted Answer

A) True 
 B)False

Question 13

If a plaintiff is found to be comparatively negligent in a tort suit,the plaintiff will recover no money from the defendant.

Accepted Answer

A) True 
 B)False

Question 14

When playing soccer,two players go for the ball at the same time.Player A misses the ball and kicks Player B,whose leg is broken.If B sues A for negligence,A's defense will likely be:

Accepted Answer

A) privilege 
B) defense of property 
C) consent 
D) self-defense 
E) all of the other choices may be defenses

Question 15

Due to criticism that the proximate cause rule is difficult to understand and apply,some states have replaced it with the:

Accepted Answer

A) fault factor test 
B) considerable factor test 
C) substantial factor test 
D) ultimate cause rule 
E) none of the other choices

Question 16

Which of the following is not an intentional tort involving interference with personal rights:

Accepted Answer

A) defamation 
B) false imprisonment 
C) nuisance 
D) mental distress 
E) malicious prosecution

Question 17

Under proximate cause,liability is limited to consequences that bear a reasonable relationship to negligent conduct.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following is not an intentional tort involving interference with personal rights:

Accepted Answer

A) defamation 
B) false imprisonment 
C) mental distress 
D) malicious prosecution 
E) all of the other choices may be intentional torts

Question 19

False imprisonment is the unjustified,intentional detention of a person.The detention:

Accepted Answer

A) must be physical 
B) must be violent 
C) need not be physical 
D) must be verbal 
E) must be reasonable under the circumstances

Question 20

In Squish La Fish v.Thomco Specialty Products,where a company bought an adhesive to use in production based on seller's recommendation,and it did not work,the appeals court held that the seller may be liable for negligence.

Accepted Answer

A) True 
 B)False

Exam 6: Elements of Torts

Defenses to a negligent act include:

If you are driving and,because you are talking on your cell phone and not paying attention,you accidentally run into another car,you have been negligent.

An accounting firm was sued for negligently preparing a financial report for a company.It causes losses to occur.At trial,the firm was found to have been negligent in its work.This meant that the firm would likely be:

In McCune v.Myrtle Beach Indoor Shooting Range,where McCune lost an eye playing paintball and sued the paintball facility,the appeals court did not hold the facility liable because McCune __________________ of playing paintball when she signed the general liability waiver.

One need only exhibit the ordinary care of a reasonable person when a determination is made if certain actions were negligent.

You stupidly leave a stove burner on in your apartment.It starts a fire that burns down the apartment.A person driving by sees the fire and,looking at it,runs into another car.Your negligence in starting the fire makes you responsible to the people involved in the car accident.

Infliction of emotional distress is involuntary conduct by a person that causes an outrageous effect on another.

Reckless or outrageous conduct that creates severe mental torment is the tort of:

If Sam points a gun at Harry,a stranger,and says "Prepare to die," but then does nothing,the tort possibly committed is:

For liability to be imposed when negligence is alleged,in many jurisdictions,the injured party must prove that the defendant's act was not only the cause in fact of the injury but also the _______________ of the injury.

Suppose someone uses an Internet server,such as AOL,to send a message to others that is defamatory.The person injured by the defamation has a good case against:

Assault and battery are examples of intentional interference with protected personal rights.

If a plaintiff is found to be comparatively negligent in a tort suit,the plaintiff will recover no money from the defendant.

When playing soccer,two players go for the ball at the same time.Player A misses the ball and kicks Player B,whose leg is broken.If B sues A for negligence,A's defense will likely be:

Due to criticism that the proximate cause rule is difficult to understand and apply,some states have replaced it with the:

Which of the following is not an intentional tort involving interference with personal rights:

Under proximate cause,liability is limited to consequences that bear a reasonable relationship to negligent conduct.

Which of the following is not an intentional tort involving interference with personal rights:

False imprisonment is the unjustified,intentional detention of a person.The detention:

In Squish La Fish v.Thomco Specialty Products,where a company bought an adhesive to use in production based on seller's recommendation,and it did not work,the appeals court held that the seller may be liable for negligence.