Torts

Question 1

A tort is a civil (i) _______ committed against another.

Answer 1

(i) wrong

Question 2

(i) ________ is a (ii) _______ or (iii) _______ contact with the plaintiff’s person, (iii) _________ caused by the defendant.

Answer 2

(i) battery; (ii) harmful; (ii) offensive; (iii) intentionally

Question 3

For battery, contact is offensive if the plaintiff has not (i) ______ or (ii) _______ consented

Answer 3

(i) expressly; (ii) impliedly

Question 4

(i) ________ is the intentional creation by the defendant of a (ii) _________ _________ of (iii) __________ harmful or offensive contact to the plaintiff’s person

Answer 4

(i) assault; (ii) reasonable apprehension; (ii) immediate

Question 5

False (i) __________ is an intentional act or (ii) _______ by the defendant that causes the plaintiff to be (iii) __________ or restrained to a (iv) _______ area. Confinement or restraint includes threats of force, false arrest, and failure to provide a means of escape.

Answer 5

(i) arrest; (ii) omission; (iii) confined; (iv) bounded

Question 6

Intentional (i) _______ of ________ _________ is (ii) ______ and _________ conduct by the defendant that causes the plaintiff to suffer (iii) _________ emotional distress. (physical injuries are not required)

Answer 6

(i) infliction of emotional distress; (ii) extreme and outrageous; (iii) severe

Question 7

Trespass to (i) _______ is an intentional (ii) _____ of the plaintiff’s real property.

Answer 7

(i) land; (ii) intentional invasion

Question 8

Trespass to (i) _________ is the intentional (ii) _________ with the plaintiff’s rights to possess chattel, resulting in (iii) _____. If the damage is serious, it’s likely transformed into (iv) ________.

Answer 8

(i) chattel; (ii) interference; (iii) damages; (iv) ocnversion

Question 9

(i) __________ is an intentional act to (ii) _________ interfere with the plaintiff’s right in chattel. The interference is so serious that the defendant should pay the full (iii) _____ value of the chattel (in effect, a forced sale).

Answer 9

(i) conversion; (ii) chattel; (iii) market

Question 10

Intent will be (i) _______ from the intended (ii) _____ to the committed tort, OR from the intended (iii) ________ to the actual victim

Answer 10

(i) transferred; (ii) tort; (iii) victim

Question 11

Consent is a defense to an intentional tort, when it is either (i) _______ or (ii) ______.

Answer 11

(i) express; (ii) implied

Question 12

Defense of others, defense of property, and self-defense are available tort defenses where the defendant (i) ________ believed that the tort is being or about to committed

Answer 12

(i) reasonably

Question 13

In defense, only (i) _______ force may be used. (ii) _____ force is permitted if (iii) ______ believed to be necessary to prevent serious bodily harm (never to protect property). The (iv) _______ privilege permits the reasonable (v) __________ of someone who the shopkeeper reasonably believes has stolen goods.

Answer 13

(i) reasonable; (ii) deadly; (iii) reasonably; (iv) shopkeeper’s; (v) detention

Question 14

The prima facie negligence case includes: (i) a _____ of care, (ii) a _____ of that duty, (iii) that the breach was the ______ and ______ cause of the plaintiff’s injury, and (iv) that the plaintiff suffered __________ to person or property.

Answer 14

(i) duty of care; (ii) breach of duty; (iii) actual and proximate; (iv) damages

Question 15

The general standard of care is that of a (i) ________ ______ person under the same or similar circumstances (average mental ability, same physical characteristics, of defendant). Professionals must exercise the (ii) ______ and _____ of a member of their profession, in good standing. Children must conform to the standard of care of a child of like (iii) _______, _______, _________ and experience (except in adult activities).

Answer 15

(i) reasonably prudent; (ii) knowledge and skill; (iii) age, education, intelligence, and experience

Question 16

A landowner’s duty of care to a (i) __________ is nothing to an undiscovered trespasser. For discovered (and anticipated) trespassers, the landowner has a duty to (ii) ______ or make _________ known, (iii) ______ ______, _________ conditions, if not obvious to a trespasser.

Answer 16

(i) trespasser; (ii) warn or make safe; (iii) highly dangerous, artificial

Question 17

A (i) _______ is one who comes onto the land with express or implied permission, but for their own purposes (like a social guest). The landowner’s duty is the same as for discovered trespassers, EXCEPT that it applies to (ii) ______ dangerous artificial and natural conditions (not just highly dangerous artificial conditions).

Answer 17

(i) licensee; (ii) all

Question 18

A criminal statute may serve to establish a specific standard of care (negligence per se) if the plaintiff is within the (i) ________ that the statute was meant to (ii) _______, and the statute was designed to prevent the (iii) _____ of ______ suffered.

Answer 18

(i) class; (ii) protect; (iii) type of harm

Question 19

Negligent infliction of emotional distress is where the defendant breaches a duty to the plaintiff by creating a risk of physical injury, and the plaintiff suffers (i) _______ ________ as a result.

Answer 19

(i) emotion distress

Question 20

For a negligent infliction of emotional distress claim, the plaintiff must be within the (i) _____ of ______ and experience (ii) _______ symptoms for the distress.

Answer 20

(i) zone of danger; (ii) physical

Question 21

A plaintiff may have a claim for NIoED where the defendant breaches a duty to a bystander not in the zone of danger, who is (i) _______ ______ to the injured person, who was (ii) _______ at the scene of the injury, and who (iii) _______ witnesses or perceived the event.

Answer 21

(i) closely related; (ii) present; (iii) personally

Question 22

There is also an exceptional case of NIoED where the relationship between the plaintiff and defendant has great potential to directly cause emotional distress, for instance, a (i) _________ erroneously reporting the (ii) _____ of a family member.

Answer 22

(i) hospital; (ii) death

Question 23

Whether the defendant (i) _________ the standard of care is a question for the (ii) _____ of _____.

Answer 23

(i) breached; (ii) trier of fact

Question 24

Under (i) ___ _____ _________, the fact that an injury occurred may create an inference that the defendant (ii) _______. There are three requirements to invoke res ipsa loquitur: the accident it the type that would not have occurred with out (iii) _________; the negligence is (iv) ______ to the defendant (who usually had exclusive control of the instrumentality); and the injury is not attributable to the plaintiff’s own (v) ______.

Answer 24

(i) res ipsa loquitur; (ii) breached; (iii) negligence; (iv) attributable; (v) conduct/behavior

Question 25

(i) ______ cause is usually established by the (ii) ____ for test.

Answer 25

(i) actual; (ii) but for

Question 26

When two acts bring about an injury, and either one along would have sufficed to cause injury, the acts (i) ______, and either is an (ii) ________ cause of the injury if it was a (iii) _______ factor in causing the injury.

Answer 26

(i) merge; (ii) actual; (iii) substantial

Question 27

When two acts were negligent, but it is not clear which was the (i) _______ cause, the burden shifts to the (ii) ________ to show that he was not the actual cause.

Answer 27

(i) actual; (ii) defendants

Question 28

(i) _______ cause limits liability to (ii) ____________ consequences of the defendant’s actions

Answer 28

(i) proximate; (ii) unforeseeable

Question 29

Foreseeable intervening forces do (i) ______ cut off the defendant’s liability for (ii) _______ acts

Answer 29

(i) not; (ii) subsequent

Question 30

The plaintiff must show actual (i) ____ or (ii) _______ to complete the prima facie case. The plaintiff can recover (iii) _______ damages and (iv) _____ and suffering. The extent or severity of the harm need not have been (v) ______. The tortfeasor takes his victim as he finds him.

Answer 30

(i) injury; (ii) harm; (iii) economic; (iv) pain and suffering; (v) foreseeable

Question 31

Two defenses to negligence are that the plaintiff (i) ________ to the negligence, and that the plaintiff (ii) ______ the risk.

Answer 31

(i) contributed; (ii) assumed

Question 32

(i) _____ liability is imposed where a (ii) _____ animal or an (iii) ______ ______ domestic animal causes injury.

Answer 32

(i) strict; (ii) wild; (iii) abnormally dangerous

Question 33

(i) ______ liability is imposed on one who is engaged in (ii) ______ ________ activity (one that creates a foreseeable risk of serious harm even where reasonable care is exercised)

Answer 33

(i) strict; (ii) abnormally dangerous

Question 34

For (i) _____ liability, the harm must result from the (ii) ____- of danger that makes the animal or activity abnormally dangerous.

Answer 34

(i) strict; (ii) kind

Question 35

Defective product torts can be brought under lots of tort theories: (i) _______ harm; (ii) _______, (iii) ____ liability, (iv) _______ warranties of merchantability and fitness

Answer 35

(i) intentional harm; (ii) negligence; (iii) strict liability; (iv) implied warranties of merchantability and fitness

Question 36

Products liability arises when a commercial supplier supplies a product in a (i) _____ condition, unreasonably (ii) _______ to users. A product has a (iii) ______ defect when it varies from other products produced, and is dangerous beyond the ordinary consumer expectation. A product has a (iv) _______ defect when all products of the line have dangerous characteristics or an (v) ________ defect (inadequate warnings and instructions), and a less dangerous modification was (vi) _______ feasible.

Answer 36

(i) defective; (ii) dangerous; (iii) manufacturing; (iv) design; (v) information; (vi) economically

Question 37

Product strict liability arises from supplying a (i) _____ product even if the defendant exercised due care and was not negligent. Even a (ii) ________ who had no opportunity to inspect may be as liable as a commercial supplier. The defect must have (iii) ________ when the product left the defendant’s (iv) ______-.

Answer 37

(i) defective; (ii) retailer; (iii) existed; (iv) control

Question 38

A private (i) _______ is a substantial, unreasonable interference with another person’s use or enjoyment of her property.

Answer 38

(i) nuisance

Question 39

A (i) ______ ________ unreasonably interferes with he health, safety, or property rights of the community

Answer 39

(i) public nuisance

Question 40

Nuisance claims an be based on (i) ______, (ii) ________, or strict liability

Answer 40

(i) intent; (ii) negligence

Question 41

(i) ______ to the nuisance is not a defense for the defendant against a new neighbor plaintiff

Answer 41

(i) coming

Question 42

An employer is responsible for the torts of her (i) ______ that occur with in the (ii) _____ of employment. That is called (iii) ______ _______.

Answer 42

(i) employee; (ii) scope; (iii) respondeat superior

Question 43

In general, a principal is not responsible for the torts of an independent contractor, but that may change if the contractor in engaged in (i) _______ ______ activity, or the duties cannot be (ii) ________ for public policy reasons.

Answer 43

(i) inherently dangerous; (ii) delegated

Question 44

An automobile owner is not automatically liable for the torts of a driver of his car unless the state has enacted a permissive use statute (liable for driver the owner gave (i) _______) or a family purpose doctrine (liable for a family member driving without (ii) _______).

Answer 44

(i) permission; (ii) without permission

Question 45

A parent is not (i) ______ liable for a child’s torts at common law. But a child may have limited liability for intentional torts.

Answer 45

(i) vicariously

Question 46

Whether or not there is vicarious liability, a defendant can be liable for his owns acts, like negligent (i) _______ of an employee, or negligent (ii) _______ of equipment.

Answer 46

(i) hiring; (ii) entrustment

Question 47

Joint tortfeasors who act together to cause an indivisible injury are (i) _____ and ________ liable. If the plaintiff recovers all damages from one tortfeasor, (ii) _______ allows that tortfeasor to subsequently collect his dues from the other tortfeasors.

Answer 47

(i) joint and several; (ii) contribution

Question 48

(i) _____ statutes allow the victim’s estate to preserve causes of action. (ii) ______ death statutes allow a personal representative or spouse to sue for loss of (iii) ______ and (iv) _________.

Answer 48

(i) survival; (ii) wrongful; (iii) income; (iv) companionship

Question 49

Governments have generally waived tort immunity for (i) _____ acts (day-to-day operations) but not (ii) ______ acts (policy)

Answer 49

(i) ministerial; (ii) discretionary

Question 50

(i) _________ is the (ii) _______ of (iii) _______ language to a third person, that causes (iv) _______ to the plaintiff’s reputation

Answer 50

(i) defamation; (ii) publication; (iii) defamatory language; (iv) damage

Question 51

Defamatory damages are presumed in libel ( (i) _____ or other permanent form) or (ii) _______ per ___ (spoken defamation related to professional work, a loathsome disease, a crime of moral turpitude, or the unchastity of a woman); otherwise, (iii) ______ damages must be shown.

Answer 51

(i) writing; (ii) slander per se; (iii) pecuniary

Question 52

If the plaintiff is a public figure or official, or if the defamation relates to a matter of public concern, the plaintiff must prove that the statement was (i) ________. If the plaintiff is a public figure, he must show (ii) _____ _____, meaning that the statement was made with knowledge of falsity or reckless disregard for the truth. Private figures suing in a matter of public concern must show at least (iii) __________ as to truth or falsity, and (iv) ______ injury.

Answer 52

(i) false; (ii) actual malice; (iii) negligence; (iv) actual injury

Question 53

Defenses to defamation include (i) ______, absolute (ii) ______ (judicial, legislative, or executive proceedings.

Answer 53

(i) truth; (ii) privileges

Question 54

The privacy torts include (i) ______ of the plaintiff’s name or picture (unauthorized use for (ii) ______ advantage, to promote products or services); (iii) _____ on the plaintiff’s seclusion (if highly offensive to a reasonable person); (iv) publication of facts in a _______ ________ in the public eye (though if in the public interest, actual malice must be shown), (v) public ________ of private facts (highly offensive to a reasonable person).

Answer 54

(i) appropriation; (ii) commercial; (iii) intrusion; (iv) false light; (v) disclosure

Question 55

Intentional misrepresentation (fraud) is made by a defendant with (i) _______ (knowledge of falsity or reckless disregard for the truth), (ii) ____ to induce ________, (iii) ____________ (actual reliance), (iv) ______ reliance, and (v) ________

Answer 55

(i) scienter; (ii) intent to induce reliance, (iii) causation; (iv) justifiable reliance; (v) damages

Question 56

Negligent misrepresentation occurs by a defendant in a (i) _____ or ______ capacity, who breaches a duty to the plaintiff, causes actual reliance, upon justifiable reliance, and damages. Only owed to known parties.

Answer 56

(i) professional or business

Question 57

Tortious (i) _______ with a business relationship is the interference with a (ii) ________ or (iii) _______ of the plaintiff and a third party, and the defendant knows of the relationship, intentionally causes a (iv) _____, and causes (v) ______-

Answer 57

(i) interference; (ii) contract or expectancy; (iii) breach; (iv) damages

Question 58

The tort of malicious (i) ___________ is when a criminal proceeding is brought against the the plaintiff, and ends in the plaintiff’s favor, and there was never (ii) ______ cause, it was motivated by (iii) _______, and there are (iv) ______-

Answer 58

(i) prosecution; (ii) probable cause; (iii) malice; (iv) damages

Question 59

Contact is considered (i) ________ if it would be offensive to a reasonable person

Answer 59

(i) offensive

Question 60

(i) _____ alone are insufficient to create a reasonable apprehension of imminent harm for assault. However, words can (ii) ______ an otherwise reasonable apprehension

Answer 60

(i) words; (ii) negate

Question 61

For false imprisonment, confinement / restraint includes physical (i) ________, physical (ii) _________, (iii) ______ of force, failure to (iv) _______- someone, and invalid use of authority.

Answer 61

(i) force; (ii) barriers; (iii) threats; (iv) release

Question 62

For false imprisonment, any period of (i) _____ is dispositive, but the plaintiff must be (ii) ______ of confinement

Answer 62

(i) time; (ii) aware

Question 63

Bounded area for sale imprisonment means there are no (i) ________ means of escape (ii) _______ or reasonably (iii) ______ to the plaintiff.

Answer 63

(i) reasonable; (ii) known; (iii) reasonably discoverable

Question 64

Extreme and outrageous conduct (i) _______ all bounds of (ii) ______. Normally non-outrageous conduct may become so if it is (iii) ________, directed as a (iv) ______ class of plaintiff’s, or is committed by a (v) ______-carrier.

Answer 64

(i) transcend; (ii) decency; (iii) continuous; (iv) sensitive; (iv) common-carrier

Question 65

Intentional infliction of emotional distress is the only intentional tort that requires the plaintiff to show (i) ______.

Answer 65

(i) damages

Question 66

A bystander can sue for either (i) _______ or (ii) ______ infliction of emotional distress, if they were (iii) _____ when the injury occurred, and (iv) _______ related to the victim. For intentional, the plaintiff must also show that the defendant knew about the plaintiff’s relationship and presence. For negligent, the plaintiff must show physical harm.

Answer 66

(i) intention; (ii) negligent; (iii) present; (iv) closely related

Question 67

For trespass to chattel, the defendant’s mistaken belief that he (i) _____ the chattel is no defense to a tort claim

Answer 67

(i) owns

Question 68

For conversion, the plaintiff can seek damages, which are (i) ______ ________ or (ii) ______ (replevin)

Answer 68

(i) market value; (ii) possession

Question 69

While nearly everyone has the capacity to commit a tort, a greater level of capacity is required to (i) ______ to having a tort committed against you.

Answer 69

(i) consent

Question 70

For self-defense in a tort, the majority rule is that there is no (i) _____ to _______ (though the modern rule imposes this duty before using deadly force, if retreat can be safe, unless the actor is at home)

Answer 70

(i) duty to retreat

Question 71

For a self-defense in tort, the defense cannot be claimed by the (i) _______ aggressor unless the other party escalated with (ii) ______ force.

Answer 71

(i) initial; (ii) deadly

Question 72

For self-defense, a reasonable (i) _______ as to danger is allowed.

Answer 72

(i) mistake

Question 73

To defend property, the plaintiff should first request the tortfeasor desist. Thereafter, the plaintiff can use (i) ______ force, and may use force in (ii) ______ pursuit.

Answer 73

(i) reasonable; (ii) hot pursuit

Question 74

Resort to self help to (i) ______ land is no longer allowed, and instead courts favor actions like (ii) _____.

Answer 74

(i) re-enter; (ii) ejectment

Question 75

To recapture (i) _______, one may only use (ii) _____ means. Force can only be used in (iii) _______ pursuit

Answer 75

(i) chattels; (ii) peaceful; (iii) hot pursuit

Question 76

When stolen (i) _____ are on the land of a wrongdoer, the owner is (ii) _____ to enter land and reclaim the chattel at a (iii) _____ time and manner, after first making a demand for return.

Answer 76

(i) chattels; (ii) privileged; (iii) reasonable time and manner

Question 77

If chattels are on another’s property through the owner’s own (i) _______, he has no right to enter the property

Answer 77

(i) negligence

Question 78

A person may interfere with the real or personal property for another when it is necessary to avoid (i) _______ injury from a natural or other force, and when the trespass is less serious than the treat of danger. This is the doctrine of (ii) __________. It’s (iii) _____ necessity when for the public good, and the actor has no liability. It’s (iv) _________ necessity wen for the actor and a limited number of people, and the actor must pay for any liabilities he causes.

Answer 78

(i) threatened; (ii) necessity; (iii) public; (iv) private

Question 79

A rescuer is a (i) ______ plaintiff where defendant has acted dangerously (“danger invites rescue). However, firefighters and police officers are barred by the firefighters’ rule from recovering from injuries caused by rescue.

Answer 79

(i) foreseeable

Question 80

A duty of care is owed to a viable (i) _____-. In cases of failure to diagnose a congenital defect or properly perform a contraceptive procedure, the child may not recover for “wrongful life,” but the parents may recover for a “wrongful (ii) ________,” including any additional medical expenses and pain and suffering from labor. Ordinary child-rearing expenses are ineligible.

Answer 80

(i) fetus; (ii) wrongful birth

Question 81

A child under the age of (i) _____ is without capacity for negligence

Answer 81

(i) five

Question 82

A bailee owes a high standard of care if the bailment is for the benefit of the (i) ______ (he himself is benefiting from he loan)

Answer 82

(i) bailee

Question 83

A bailor must warn a bailee of known, (i) ____ defects in the chattel

Answer 83

(i) dangerous

Question 84

The (i) ______ _____ doctrine requires landowners to exercise ordinary care to avoid a reasonably foreseeable risk of children coming onto the property and being harmed. The plaintiff must show a (ii) _______ condition, that the owner knows (iii) ________ are frequently in the vicinity, that the condition is likely to (iv) ______ injury (because children do not appreciate the risk), and the (v) ______ of remedying the situation is slight compared to the risk.

Answer 84

(i) attractive nuisance; (ii) dangerous; (iii) children; (iv) cause; (v) expense

Question 85

An owner has a duty to (i) _____ licensees (or make safe) of dangerous conditions (natural or artificial) that are (ii) ______ to the owner, and create an unreasonable risk of harm and that the licensee is (iii) _____ to discover on his own. The owner must also use reasonable care in a active operations on the property. But the owner has no duty to (iv) _____ or repair.

Answer 85

(i) warn; (ii) known; (iii) unlikely to discover; (v) inspect

Question 86

Rescuers and social guests are both (i) _____ on property

Answer 86

(i) licensees

Question 87

Invitees may enter with the (i) _______ of the landowner, or as a member of the public where the land is held (ii) _____ to the public. The landowner owes the same duties owed to licenses plus a duty to make (iii) reasonable ________ to discover non obvious dangerous, and thereafter, to make them (iv) ______ (a warning may suffice). One will lose their invitee status if they exceed the (v) ______ of the invitation.

Answer 87

(i) invitation; (ii) public; (iii) inspections; (iv) repairs; (v) scope

Question 88

A landlord has a duty to warn a tenant about known (or has reason to know about) (i) _____- that are (ii) ______ (not easily recoverable on reasonable inspection). If the landlord covenants to repair, he is liable for (iii) _______ dangerous conditions. If the landlord volunteers to repair, and does so (iv) ______, he is liable.

Answer 88

(i) defects; (ii) known; (iii) unreasonably; (iv) negligently

Question 89

A (i) _______ standard of care may be used a common law duty of (ii) ______ if the plaintiff is within the protected (iii) _____ of persons, and the harm is the type the (iv) ______ was meant to protect against.

Answer 89

(i) statutory; (ii) care; (iii) class; (iv) harm

Question 90

There is an excuse for violation of the statutory standard of care if (i) _______ would have created more danger, or if it was beyond the defendant’s (ii) ______ (impossible)

Answer 90

(i) compliance; (ii) control

Question 91

An unexcused violation of negligence (i) ____ _____ establishes the first two elements (duty and breach) of a prima facie case – a presumption of duty and breach is available. (Though, an excuse does not change the standard of care)

Answer 91

(i) per se

Question 92

The jury for negligent infliction of emotional distress may be breached when the defendant creates a foreseeable risk of (i) _____ injury to the plaintiff. The plaintiff must within the (ii) _____ of danger and have (iii) ________ symptoms from distress. A special bystander, not in the zone, can seek damages where the (iv) plaintiff is _______ related to the individual harmed, the plaintiff was (v) _________, and the plaintiff (vi) _________ the event. Most states drop the physical symptoms requirement for the bystander.

Answer 92

(i) harm; (ii) zone of danger; (iii) physical symptoms; (iv) closely related; (iv) present; (vi) personally observed

Question 93

A defendant may be liable for directly causing the patient severe emotional distress when a duty arises from their (i) _________ (lie a doctor misdiagnosing an illness). Most states drop the physical requirement in this case.

Answer 93

(i) relationship

Question 94

One has a duty to assist someone he has negligently placed in (i) ______

Answer 94

peril

Question 95

Common carriers, innkeepers, and shopkeepers have a special duty to (i) _____

Answer 95

act

Question 96

Breach is a question for the (i) ____ of fact.

Answer 96

(i) trier

Question 97

To show breach of duty, a plaintiff can show a violation of (i) ______ or (ii) ________, violation of a (iii) ______, or the doctrine of (iv) _____ _____ _____.

Answer 97

(i) custom or usage; (ii) statutory breach; (iii) res ipsa loquitor

Question 98

Res ipsa loquirtor means that the accident causing the injury normally would not occur without (i)______, and the negligence is attributable to the (ii) _______, because the instrumentality was in the defendant’s (iii) ____.

Answer 98

(i) negligence; (ii) defendant; (iii) control

Question 99

Where res ipsa loquitur is established, plaintiff has made a prima facie case, and no (i) ______ verdict can be given for the defendant.

Answer 99

(i) directed

Question 100

A plaintiff’s motion for directed judgment based on res ipsa loquitur should only be granted if there was also (i) _____ per se, and (ii) there are no issues of _____ cause.

Answer 100

(i) negligence per se; (ii) proximate cause

Question 101

Actual cause is established by the (i) ____ for test. Where multiple forces combine, and any one alone would’ve been sufficient, the defendant’s conduct is the cause as long as it was a (ii) ______ factor. If there are two acts, only one of which caused the injury, but it cannot be known, burden shifts to the (iii) _______ to show he did not cause the negligence.

Answer 101

(i) but for; (ii) substantial; (iii) defendant

Question 102

Generally, proximate cause includes (i) ________ risks. If the cause of harm is (ii) __________, defendant is liable if he caused the actual harm, no matter how unusual the harm was.

Answer 102

(i) foreseeable; (ii) uniterrupted

Question 103

An (i) _____ cause is an affirmative, intervening force (by a 3d person or act of good), which combines with the defendant’s negligently act to cause injury.

Answer 103

(i) indirect

Question 104

A defendant is still liable when an intervening cause was (i) _________. These common, foreseeable intervening causes include medical malpractice, negligence of rescuers, efforts to protect person or property, and subsequent disease or accident

Answer 104

(i) foreseeable

Question 105

An (i) _______ intervening force that is not a natural response may be foreseeable if the defendant’s negligence (ii) ________ the likelihood of harm.

Answer 105

(i) independent; (ii) increased

Question 106

For proximate case, unforeseeable results caused by unforeseeable intervening forces general defeat subsequent (i) _______.

Answer 106

(i) liability

Question 107

In all cases, the tortfeasor takes his victim as he (i) ____ him

Answer 107

(i) finds him. Eggshell-skull plaintiff rule.

Question 108

A (i) ______ or an (ii) _______ tort is an intervening force that breaks proximate cause (generally, it is is unforeseeable).

Answer 108

(i) crime; (ii) intentional tort

Question 109

Damages are essential to proving tort. Plaintiff can get (i) _______ (e.g., lost wages) and (ii) ________ (e.g., suffering) damages.

Answer 109

(i) economic; (ii) non-economic

Question 110

For property damage, the measure of damage is cost of (i) _______, unless the property is nearly destroyed, in which case it is (ii) ________ value. Generally, no emotional damages can accompany property loss.

Answer 110

(i) repair; (ii) market

Question 111

(i) _______ damages generally are not available in negligence, unless the defendant’s behavior was wanton, willful, (ii) _______ or malicious.

Answer 111

(i) punitive; (ii) reckless

Question 112

In tort damages, interest and (i) _____ fees are not recoverable

Answer 112

(i) attorneys

Question 113

Contributory negligence is not a defense of a statutory breach if the person accused of contributory negligence was in the (i) ______ persons and (ii) ______ of activities meant to be protected

Answer 113

(i) class of persons; (ii) class of activities

Question 114

Plaintiff may be denied recovery if she (i) _____ the risk. This requires (ii) ______ of the risk, and (iii) ________ action to proceed in the face of the risk.

Answer 114

(i) assumed; (ii) knowledge; (iii) voluntary

Question 115

Strict liability will not be imposed in favor of (i) ________ unless the owner was (ii) ________.

Answer 115

(i) trespassers; (ii) negligent

Question 116

Abnormally generous activities (Rylands) require a plaintiff to show that the activity created a foreseeable risk of (i) ____ harm even when reasonable care is exercised, and the activity is not a matter of (ii) ________ usage in the community

Answer 116

(i) serious harm; (ii) common usage

Question 117

In products liability, retailers and wholesalers can usually avoid negligence claims via (i) _______-

Answer 117

(i) inspection

Question 118

For a liability claim based on (i) ______ liability, the prima facie case is that there is a (ii) _________ supplier, that the product was (iii) ________ when it left the defendant’s (iv) ________, that the product was the actual and proximate cause of the injury, and that there are damages.

Answer 118

(i) strict; (ii) commercia; (iii) defective; (iv) control

Question 119

Strict (i) ______ liability is only for products. There is no strict liability for services. That should be a negligence claim.

Answer 119

(i) product

Question 120

Strict product liability must show (i) _______ or property damages; economic loss is not enough

Answer 120

(i) injury

Question 121

There is no contributory negligence defense for strict products liability where the user’s misuse was (i) _______ foreseeable.

Answer 121

(i) reasonably

Question 122

The implied merchant warranties of (i) _________ and (ii) ________ apply to the sale of every good. Merchantability means the goods are of average quality and are generally fit for the (iii) _______ purpose for which the goods are used. (iv) ________ for a particularly purpose arises when the seller (v) ________ (or has reason to know) of the particular purpose for which the goods are being purchased, and the buyer (vi) ________ on the seller’s skill in selecting the good.

Answer 122

(i) merchantability; (ii) fitness; (iii) ordinary; (iv) fitness; (v) knows; (vi) relies

Question 123

Nuisance is a (i) _________, (ii) ________ interference with another private individual’s (iii) ____ or enjoyment of property that he possesses (or has a right to possess). Substantial interference is an objective standard; substantial means (iv) ________- to the average person in the community. Unreasonable means the cost of the nuisance outweighs the the benefits.

Answer 123

(i) substantial, (ii) unreasonable; (iii) use or enjoyment; (iv) offensive

Question 124

Generally, intentional torts are not without the scope of employment unless force is (i) _________, (ii) _____ is generated by the employer, or the employee is furthering the (iii) ______ interest of the employer

Answer 124

(i) authorized; (ii) friction; (iii) business interest

Question 125

Traditionally, there was no liability for tavern keepers for over-serving guests. Most states now have (i) ______ Acts, which create a cause of action in favor of any third person injured by an intoxicated vendee.

Answer 125

(i) Dramshop

Question 126

Defamation is (i) ______ language of and (ii) ________ the plaintiff, that is (iii) ________, and thereby causes (iv) ______ to the defendant’s reputation. If the matter involves a matter of public concern, the Constitution requires that the plaintiff additionally prove that the allegation is (v) ____________ and (vi) ________ on the part of the defendant.

Answer 126

(i) defamatory; (ii) concerning; (iii) published; (iv) damage; (v) false; (vi) fault

Question 127

Defamatory language is language that (i) _______ affects one’s reputation. Opinion and name calling are insufficient. It must be fact-based.

Answer 127

(i) adversely

Question 128

Defamatory publication means communicating the language to a third person who (i) ______ it.

Answer 128

(i) understands

Question 129

Libel is (i) ______ defamation.

Answer 129

(i) written

Question 130

Slander is (i) ______ defamation. Plaintiff must prove special damages (pecuniary loss). However, no special damages are needed if it is slander (ii) ____ ____, which includes remarks made about one’s (iii) _______, a (iv) ______ disease; (v) a crime of ________ turpitude, or that a woman is (vi) ________.

Answer 130

(i) spoken; (ii) per se; (iii) profession; (iv) loathsome disease; (v) moral turpitude; (v) unchaste

Question 131

In defamation, if it is a matter of public concern, the plaintiff must prove falsity and fault. If the plaintiff is a public official or figure, he must show actual (i) _____ on the part of the defendant. That means (ii) _______ or a reckless disregard for the truth. If the plaintiff is a private person, he must show that the printing was (iii) _______ (failure to investigate the claim).

Answer 131

(i) malice; (ii) knowledge; (iii) negligent

Question 132

In a common law defamation claim, the burden is on the defendant to prove (i) _______ as a defense. In a constitutional defamation case, the burden is on the plaintiff to prove (ii) _______.

Answer 132

(i) truth; (ii) falsity