Question 1

Defendant was the owner and operator of the Argonne Apartments in the city of Seattle.Plaintiff had been a tenant in one of the apartments for approximately a year prior to April 29.On this day, the plaintiff had made arrangements to move to another apartment house.When moving men came for her furniture, the defendant landlord appeared on the scene with a pistol in hand and threatened to shoot them full of holes if they moved a single article belonging to the plaintiff.Soon thereafter, standing only a few feet from the plaintiff, the landlord pointed the pistol at her face and threatened to shoot her.Which tort(s), if any, has been committed?

Accepted Answer

The landlord's actions constitute assault because he intentionally threatened the plaintiff with immediate harm by pointing a pistol at her, creating a reasonable fear of imminent harm. Battery requires physical contact, which did not occur in this scenario.

Question 2

If someone is harmed by a product, they might recover damages based on

Accepted Answer

All three options (strict liability, negligence, and breach of warranty) can be used to recover damages from a harm caused by a product. Strict liability holds manufacturers responsible for harm caused by their products regardless of fault, negligence seeks to prove that the manufacturer was careless in the production or design of the product and breach of warranty is when a product is sold with an expressed or implied warranty that is not fulfilled. Therefore, any one or all three of these options could be used in a lawsuit seeking damages from a harmful product.

Question 3

While shopping with her mother in Arnold's Super Market, eight-year-old Janet was allowed to roam around freely.Without her mother's knowledge, Janet opened a jar of jelly and spilled the contents on the floor.Two hours later while intently watching a good-looking butcher, a shopper named Bernadette slipped on the jelly and broke her leg.Bernadette sued the supermarket.Since Bernadette was looking at the butcher and not where she was going, the following defense might be successfully asserted against her:

Accepted Answer

Contributory negligence may be successfully asserted against Bernadette since she was not paying attention to where she was going and was instead focused on the butcher. This means that she also contributed to the accident and is therefore partially responsible for her own injuries, reducing or eliminating the supermarket's liability.

Question 4

Gordon escaped from authorities in Vermont.While in Maine, he and a friend experienced engine trouble and began to look for another vehicle.They spotted a Chevelle parked in a private driveway with the keys in it.The friend got in the car, while Gordon pointed a gun at the car's owner and told him that they would take care of the car and get it back as soon as possible.In a subsequent high-speed chase with officers, the Chevelle was driven off the road, wrecked, and abandoned.Which of the following torts did Gordon commit in this incident?

Accepted Answer

Gordon committed assault by pointing a gun at the car's owner, trespass by unlawfully entering the private property to take the car, and conversion by unlawfully taking and using the car.

Question 5

Strict liability requires

Accepted Answer

Strict liability only applies in cases where an abnormally dangerous activity is involved, such as using explosives or keeping wild animals. Lack of due care or bad faith do not need to be shown in order for strict liability to apply.

Question 6

Ed's Auto Shop repaired the left front and body of Maureen's car.Subsequently, she is injured in a head-on accident where her left headlight fails to illuminate properly.From the wreckage, it is determined that the headlight was disconnected.Expert engineers are prepared to testify that headlights "don't just become disconnected" and that the impact of the crash could not have caused the disconnection.In Maureen's case against Ed's for negligence in the repair of her vehicle, which doctrine will Maureen use to allow circumstantial evidence to prove that a breach in the standard of care caused her accident?

Accepted Answer

Maureen will use the doctrine of res ipsa loquitur, which allows circumstantial evidence to prove negligence. This doctrine applies when (1) the accident was of a type that does not usually occur in the absence of negligence, (2) the instrumentality causing the injury was under the exclusive control of the defendant, and (3) the plaintiff did not contribute to the accident. In this case, the fact that the headlight was disconnected and headlights "don't just become disconnected" provides circumstantial evidence of Ed's negligence in the repair of Maureen's vehicle.

Question 7

While shopping with her mother in Arnold's Super Market, eight-year-old Janet was allowed to roam around freely.Without her mother's knowledge, Janet opened a jar of jelly and spilled the contents on the floor.Two hours later while intently watching a good-looking butcher, a shopper named Bernadette slipped on the jelly and broke her leg.Bernadette sued the super market.Most likely, Arnold's is

Accepted Answer

It is the responsibility of the store to ensure the safety of its customers. Janet's actions of spilling the jelly may be considered a foreseeable risk, and the store failed to take appropriate measures to address that risk. Therefore, Arnold's Super Market may be held liable for negligence in this situation.

Question 8

A loans B his car "to go to the store and nowhere else." While B is on her way to the store, she decides to go sightseeing in A's car.Which tort, if any, has been committed?

Accepted Answer

B committed the tort of conversion by using A's car beyond the scope of the permission given.

Question 9

When the driver of a car drives recklessly, crossing the center line in violation of the traffic laws and runs into another car, the driver is liable for

Accepted Answer

Negligence per se applies when a defendant violates a statute or regulation that was enacted to protect a particular group of people, and the violation causes the type of harm that the statute was intended to prevent. In this case, the driver's reckless driving and violation of traffic laws caused harm to another driver, making them liable for negligence per se. Imputed negligence involves holding one person responsible for the actions of another, which does not apply in this scenario. Conversion is a tort related to property, which also does not apply in this case.

Question 10

While on a flight to Germany, a passenger begins exhibiting the classic symptoms of cardiac arrest.Rather than landing along the Atlantic coast, the pilot decided to continue the ten-hour flight to Frankfurt.As a result of the delay in treatment, the passenger incurred substantial heart damage.The passenger's best cause of action against the airline would be for

Accepted Answer

Negligence is the failure to exercise reasonable care that causes harm or injury to another person. In this situation, the pilot's decision to continue the ten-hour flight instead of landing immediately along the Atlantic coast could be considered a breach of their duty to provide reasonable care for the passenger in distress. Therefore, the passenger's best cause of action against the airline would be for negligence. Choice A, battery, involves intentional harmful or offensive touching, which is not applicable in this scenario. Choice C, negligence per se, involves a violation of a safety statute or regulation, which is not applicable in this scenario. Choice D, strict liability, involves liability for harm caused by a product or activity regardless of fault, which is not applicable in this scenario.

Question 11

Defendants, a Nebraska bank and its wholly owned subsidiary travel agency, placed an advertisement bearing the name and picture of Mr.Carson, the well-known television personality and nightclub performer, in several newspapers and in a pamphlet distributed to bank customers.The advertisement concerned a travel tour to Las Vegas organized by the defendant, Travel Unlimited, Inc., which was called "Nebraskan Johnny Carson's Tour of Las Vegas." Mr.Carson was to be performing at a Las Vegas nightclub during the time scheduled for the tour, and tickets to his show were included in the tour package.Mr.Carson did not approve the use of his name and photograph, nor was he connected in any way with the travel venture.For which tort will he sue?

Accepted Answer

Mr. Carson can sue for invasion of privacy since his name and photograph were used without his permission in a commercial advertisement.

Question 12

In a state that has a comparative negligence statute, a jury determined that the plaintiff has sustained damages of $50,000 and that the percentages of fault are plaintiff 40 percent negligent, defendant 60 percent negligent.What would be the plaintiff's award of damages in this case?

Accepted Answer

Under a comparative negligence statute, the plaintiff's award is reduced by their percentage of fault. Since the plaintiff is 40 percent at fault, they can recover 60 percent of the damages, which is $30,000 (60 percent of $50,000).

Question 13

The plaintiffs were detained at a store because employees believed they saw them shoplifting.Whether the store is entitled to protection from tort liability under a merchant protection statue or the common law will primarily depend on if

Accepted Answer

The store is entitled to protection from tort liability only if the detention was for a reasonable amount of time and in a reasonable manner. The other options are not relevant to determining the store's entitlement to protection.

Question 14

A college student wrote a blog post and accused an instructor of rape, though he knew it to be untrue.The instructor sued the student, claiming

Accepted Answer

Libel per se is a type of defamation where the statement is so inherently damaging that it does not require further proof of harm. Accusations of rape are considered libel per se since they can seriously harm a person's reputation and cause emotional distress. The fact that the student knowingly made a false accusation further strengthens the instructor's claim. Therefore, the instructor can sue the student for libel per se.

Question 15

Which of the following is NOT an element of the tort of negligence?

Accepted Answer

The answer of Which of the following is NOT an...

Question 16

A defamatory publication

Accepted Answer

The answer of A defamatory publication
...

Question 17

In a case of malicious prosecution, one must prove

Accepted Answer

In a case of malicious prosecution, the plaintiff must prove that the defendant initiated or continued a legal proceeding without reasonable grounds and with malice, not merely that there was a threat to bring a lawsuit, a successful plea bargain, or a spiteful complaint.

Question 18

A state statute requires that ski areas be maintained and operated in a reasonably safe manner and prescribes methods by which skiers must be warned about the presence of equipment and vehicles on slopes and trails.If a ski operator violates the statute and a skier is injured, which legal doctrine will be of primary benefit to the skier who sues for damages?

Accepted Answer

Negligence per se applies when a defendant violates a statute or regulation that was enacted to protect a particular class of people, and the plaintiff is a member of that class and has suffered harm as a result of the violation. In this scenario, the state statute was enacted to protect skiers, and if a ski operator violates the statute and a skier is injured as a result, the skier can argue negligence per se.

Question 19

A party who refuses to return goods when requested to do so by the true owner is liable for

Accepted Answer

Conversion is the wrongful exercise of control over another's property, consistent with the owner's right to exclusive possession. Refusing to return goods when requested by the true owner is an example of conversion, for which the party is liable. Breach of contract, defamation, and trespass do not accurately describe this situation.

Question 20

Neighbors A and B have been arguing for months over their respective property rights.One day A bursts into B's kitchen without permission and says, "I've had it with you.Tomorrow morning I'm calling my lawyer.He'll chew you up like bubble gum." Then, for dramatic effect, A grabs an apple from B's kitchen table and savagely eats it, then walks out.Which torts have occurred?

Accepted Answer

A committed trespass by entering B's kitchen without permission and conversion by eating B's apple without permission. Assault requires the threat of immediate harmful or offensive contact, which did not occur here. Battery requires harmful or offensive contact, which also did not occur here. Malicious prosecution and defamation involve making false statements that harm someone's reputation, which also did not occur here. Infliction of emotional distress and false light involve intentional infliction of emotional harm, which also did not occur here.

Quiz 11: The Law of Torts