BUL 3310 Chapter 6 Review Questions Answered Correctly Latest Update 2025 Graded A+

BUL 3310 Chapter 6 Review Questions Answered Correctly Latest Update 2025 Graded A+ True or False: A libel judgment obtained by a public official against a newspaper cannot stand unless the plaintiff has shown "actual malice." - Answers True True or False: Under the rule of vicarious liability, an employer is responsible for the negligence of his employees if they were acting in the scope of employment - Answers True It was once believed that a manufacturer or supplier owed a duty of care only to immediate purchasers, not to others who might use the product or to whom the product might be resold. This limitation was known as the rule of... - Answers Privity True or False: The tort of false imprisonment is limited to those situations where the victim is locked up, as in a prison or in a locked room. - Answers False Intentional torts include all of the following except: - Answers Negligent conduct MATCHING: Theories or types of tort liability - Answers intentional torts, negligence and strict liability MATCHING: Defenses available in a negligence lawsuit - Answers contributory negligence, comparative negligence and assumption of risk MATCHING: A wrong for which the law will provide redress, most often in the form of money damages but sometimes in the form of an injunction. - Answers Tort MATCHING: Intentionally inducing another party to breach a contract. - Answers interference with contractual relations MATCHING: The tort of causing someone to be prosecuted for a criminal act, knowing that there was no probable cause to believe that the plaintiff had committed the crime. - Answers Malicious prosecution MATCHING: Libel and slander. - Answers Defamation MATCHING: Formula involving a fictitious person "of ordinary prudence." - Answers Reasonable man standard MATCHING: Legal phrase for the connection between the act complained of and the resulting injury. - Answers Proximate cause MATCHING: Act of God - Answers force majeure MATCHING: Doctrine stating that government is immune from suit. - Answers sovereign immunity True or False: The tort of intentional infliction of emotional distress requires that mental distress results from some physical injury. - Answers False True or False: Tort law is confined to tangible physical harm to person or property. - Answers False Short Answer: Discuss the difference between battery and assault - Answers Assault is the threat or use of force that causes the victim to have a reasonable belief of imminent harmful or offensive contact. Battery is the actual application of force to another resulting in harmful or offensive contact. Discuss the four elements of negligence - Answers In order to recover, a plaintiff must prove (1) a breach of duty (2) actual injury suffered by the plaintiff, (3) actual and proximate causation between the breach and the injury, and (4) she must overcome any defenses raised by the defendant. Discuss defamation and the available defenses - Answers Defamation is the (1) unprivileged (2) publication of (3) false and defamatory (4) statements concerning another. Truth is a complete defense to liability. Some defamatory statements may be privileged as well. In some circumstances, social interests may outweigh those of the individual's right to reputation. Privileges may be absolute (as in a judicial proceeding) or conditional, which may be a defense unless abused in some way. Discuss its effect, at common law, of a finding of contributory negligence on the plaintiff's part, as well as other defenses - Answers Contributory negligence is conduct on the part of the plaintiff that falls below the standard to which he should conform, and which is a legally contributing cause in addition to the negligence of the defendant. The plaintiff could overcome this defense by showing that the defendant had the last clear chance to avoid the injury. In some jurisdictions, contributory negligence is a complete defense if the actions of the plaintiff were the substantial factor in producing the injury. Assumption of the risk is another defense where the plaintiff voluntarily consented to a known danger (i.e. the plaintiff accepted the risk on her own volition). True or False: The law of torts was developed almost entirely by the common law courts - Answers TRUE Feedback: Most tort law is a consequence of common law, unlike criminal law, which is mostly statutory. True or False: