Chapter 10 1 Whether Under The Circumstances The Case The

CHAPTER TEN. TORTS

LEARNING OBJECTIVES

• To understand the purpose and nature of tort law

• To understand the types of interests protected

• To understand the characteristics and elements of each type of tort action including applicable

defenses

CHAPTER SUMMARY

The introductory section of this chapter identifies the nature of the interests protected and

compares tort and criminal law. It also emphasizes the fluid nature of tort and that torts

essentially may be created by juries through the award of damages for new causes of action

CHAPTER OUTLINE

I. Introduction

II. Negligence

A. Duty of Care

B. Breach of Duty

C. Proximate Cause

D. Damages

E. Defenses

III. Intentional Torts

A. Assault and Battery

B. False Imprisonment

IV. Strict Liability

V. Product Liability

VI. General Tort Defenses

TERMS/CONCEPTS/PEOPLE

Tort Tortfeasor

Negligence Duty of care

Breach of duty Proximate cause

Damages Reasonably prudent person

Prima facie case Compensatory damages

Punitive damages Negligence per se

Res ipsa loquitur Comparative negligence

Contributory negligence Invitees

CHAPTER TEST QUESTIONS

Multiple Choice Questions

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.

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.

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.

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.

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 that 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.

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.

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.

8. Caleb is stabbed during a barroom brawl by Zachariah. 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‘s death 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.

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 of the case, 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.

10. The doctrine that “the thing speaks for itself” that is employed in tort cases are known as:

A. Res gestae;

B. Res ipsa loquitor;

C. Res judicata;

D. Res universitatis;

E. None of the above.

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.

12. The textbook characterizes tort law as:

A. Stable;

B. Fluid;

C. Atrophied;

D. Fossilized;

E. Anachronism.

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.

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.

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.

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.

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.

18. The type of legal injury that occurs when a landowner uses his or her own property in a way

that interferes with another’s use or enjoyment of his or her property is:

A. An aggravation;

B. Eminent domain;

C. An annoyance;

D. A nuisance;

E. Adverse possession.

19. The jury found 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.

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.

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 Indianapolis Colts to come to play for them;

B. A university president fires a whistleblower for advising the criminal d strict attorney of the president‘s

malfeasance;

C. A new soft drink 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 burglarize the home of the C.E.O.‘s leading foe in order to

obtain damaging material;

E. All of the above.

Essay Questions

1. Identify and discuss various types of interests protected by tort law.

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

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

4. Discuss strict liability torts.

5. Discuss immunity as protection in litigation.

6. Identify and discuss the various types of interests protected by tort law as well as the

various theories of tort with specific examples.