Tort Midterm Spring 2024

Strict liability is the tf's responsibility regardless of fault, but negligence must be proven - Answer-true In both intentional and reckless infliction of emotional distress, the victim must suffer severe mental anguish - Answer-true When a statute is violated and a person is injured, but the violation of the statute did not cause the person's injury, the statute would still have a direct bearing on the negligence action - Answer-true Legal malpractice can result when an attorney places their own interests before those of the client - Answer-true Intent to do harm is required for negligence - Answer-false Unreasonable intrusion is an excessive and highly offensive invasion of one's seclusion or solitude - Answer-true Commercial Disparagement involves false statements about a person's business, goods, or services - Answer-true Burden of proof is sometimes referred to as the prima facie case - Answer-false To commit negligence, the tf must breach his or her duty of care - Answer-true Abuse of process involves criminal lawsuits, whereas malicious prosecution involves civil action - Answer-false A shopkeeper's questioning of a suspected shoplifter for up to 8 hours is considered reasonable - Answer-false The assumption of risk defense applies even if the plaintiff was unaware of the dangers involved - Answer-[] To prove that intentional tort has been committed, the plaintiff does not have to prove actual harm - Answer-false Truth is not a defense against public disclosure of private facts - Answer-[] false A person who hires an independent contractor is usually responsible for the ic's torts - Answer-false Statutes of limitations are irrelevant to negligence defenses - Answer-false Dispossession - Answer-[]false False Light in the public eye is a form of deformation - Answer-[] true