Quiz on torts

A  Phil will be liable, regardless of the steps that he took to secure the yard.

B  Phil will be liable if the harm that resulted to the child was foreseeable to Phil.

C  Phil will most likely not be liable.

D  Phil will be liable, only if he breached a duty of due care owed to the child.

A  Negligence per se

B  Comparative negligence

C  Contributory negligence

D  Res ipsa loquitur

A  Doris would not be liable if Phil could have escaped by traveling two miles through a narrow, filthy, rat-infested sewer line that periodically floods with water.

B  According to some courts, Doris would escape liability if Phil slept through the entire period that the door was locked and thus was unaware that he was being detained.

C  Even if Phil could easily have escaped through an open window, Doris still is liable.

D  Doris would escape liability if she let Phil out of the room after one hour.

A  Yes, because Jack could reasonably foresee that he could have severe pain any time and may cause an accident.

B  No, because she should have sued the driver of the passing car which hit them.

C  No, because Jack didn’t foresee that he would have that pain while driving and cause an accident.

D  Yes, because Jack caused the accident.

A  No, because she cannot interfere with Jose’s activities on his property.

B  No, because Jose has not trespassed on Ann’s property.

C  No, because the generator is not on her property.

D  Yes, if the noise is a substantial and unreasonable interference with plaintiff’s use and enjoyment of land.

A  All of these

B  Intent is an element of both torts.

C  Assault requires apprehension of an imminent battery.

D  Battery requires a harmful or offensive touching.

A  Using Madonna’s name to sell women’s apparel.

B  Using basketball star Charles Barkley’s picture to sell beer.

C  Using a picture of a famous and recognizable race car driven by a famous race car driver to sell chewing tobacco.

D  Using the work of an unknown artist to illustrate the T-shirts one makes and sells.

A  BU is not the publisher of the book.

B  BU did not violate any criminal law or regulation in selling the book.

C  BU did not want to harm the plaintiff.

D  BU is not the distributor of the book.

A  Andrea will win because Josie’s statement injured Andrea’s reputation.

B  Andrea will win because Josie did not have absolute proof that Andrea had stolen money.

C  Josie will win because she had a conditional privilege to make that statement.

D  Josie will win because she had an absolute privilege to comment on a former employee’s performance.