BUL 3310 Exam 2 Review Questions
With All Verified Solutions.
A person who uses a logo in an advertisement that is deceptively similar to that of another business
commits the tort of false light.
True
False - Answer False
What is the primary purpose of tort law?
Punish wrongdoers
Compensate victims for their losses
Support society by fining wrongdoers
Create precedents in the common law - Answer Compensate victims for their losses
The publication requirement for libel is met if the falsehood is communicated to just one other person.
True
False - Answer True
In most states, children under the age of __________cannot be held liable for negligence.
7
14
,16
18 - Answer 7
Assume that Big Drug Company BDC was one of ten drug manufactures who produced and sold in the
Cleveland area a drug that was found to cause cancer in women whose mothers had taken the drug
while pregnant. Plaintiff cannot find out if the pills her mother took were actually manufactured by BDC,
but she does know that BDC controlled 40 percent of the market for that drug in the Cleveland area
when her mother was taking it. If a jury finds that plaintiff suffered 100,000 in damages, she will be able
to collect 40,000 from BDC if her state follows the doctrine of ________________.
Res ipsa loquitur
Negligence per se
Market share liability
All of the above are necessary to collect from BDC in these circumstances. - Answer Market share
liability
Tom took Ann's 125 Economics text from her locker without her knowledge and sold it back to the
college bookstore, keeping the profits. Tom has committed the tort of
Trespass to chattel
Conversion
Embezzlement
Nuisance - Answer Conversion
,In joint and several liability one party is potentially liable to pay the entire amount of the judgment.
True
False - Answer True
Injunctions are often sought as remedies in torts of
Nuisance
Wrongful appropriation of another's good will
False imprisonment
A and B - Answer A and B
An action for mental distress normally requires the plaintiff to exhibit some physical symptoms of
emotional suffering.
True
False - Answer True
What is the difference between libel and slander?
Libel is a written communication, and slander is an oral communication.
Libel is also a felony, but slander is not.
Libel requires that plaintiff prove malice on the part of the defendant, but slander does not.
Businesses can only sue for defamation based on libel, not slander. - Answer Libel is a written
communication, and slander is an oral communication.
, Which of the following injuries would justify plaintiff using res ipsa loquitur?
A medical malpractice claim against a surgeon who left a sponge in a patient
An automobile accident at a city intersection
A head injury sustained in the pool of a waterslide at an amusement park
Res ipsa loquitur could be used in all of the above. - Answer A medical malpractice claim against a
surgeon who left a sponge in a patient
Absent a special relationship, one person has no legal duty to warn or rescue another.
True
False - Answer True
Assumption of the risk is an element of negligence that must be proved by the plaintiff.
True
False - Answer False
Whether or not a doctor acted negligently is a question of fact for a jury to decide.
True
False - Answer True
Dr. Dan accidentally left a scalpel in Paul Patient during Paul's operation, causing Paul much pain and
necessitating additional surgery. Paul's lawyer will most likely use the special doctrine of
____________when he sues Dr. Dan for negligence.
Negligence per se
With All Verified Solutions.
A person who uses a logo in an advertisement that is deceptively similar to that of another business
commits the tort of false light.
True
False - Answer False
What is the primary purpose of tort law?
Punish wrongdoers
Compensate victims for their losses
Support society by fining wrongdoers
Create precedents in the common law - Answer Compensate victims for their losses
The publication requirement for libel is met if the falsehood is communicated to just one other person.
True
False - Answer True
In most states, children under the age of __________cannot be held liable for negligence.
7
14
,16
18 - Answer 7
Assume that Big Drug Company BDC was one of ten drug manufactures who produced and sold in the
Cleveland area a drug that was found to cause cancer in women whose mothers had taken the drug
while pregnant. Plaintiff cannot find out if the pills her mother took were actually manufactured by BDC,
but she does know that BDC controlled 40 percent of the market for that drug in the Cleveland area
when her mother was taking it. If a jury finds that plaintiff suffered 100,000 in damages, she will be able
to collect 40,000 from BDC if her state follows the doctrine of ________________.
Res ipsa loquitur
Negligence per se
Market share liability
All of the above are necessary to collect from BDC in these circumstances. - Answer Market share
liability
Tom took Ann's 125 Economics text from her locker without her knowledge and sold it back to the
college bookstore, keeping the profits. Tom has committed the tort of
Trespass to chattel
Conversion
Embezzlement
Nuisance - Answer Conversion
,In joint and several liability one party is potentially liable to pay the entire amount of the judgment.
True
False - Answer True
Injunctions are often sought as remedies in torts of
Nuisance
Wrongful appropriation of another's good will
False imprisonment
A and B - Answer A and B
An action for mental distress normally requires the plaintiff to exhibit some physical symptoms of
emotional suffering.
True
False - Answer True
What is the difference between libel and slander?
Libel is a written communication, and slander is an oral communication.
Libel is also a felony, but slander is not.
Libel requires that plaintiff prove malice on the part of the defendant, but slander does not.
Businesses can only sue for defamation based on libel, not slander. - Answer Libel is a written
communication, and slander is an oral communication.
, Which of the following injuries would justify plaintiff using res ipsa loquitur?
A medical malpractice claim against a surgeon who left a sponge in a patient
An automobile accident at a city intersection
A head injury sustained in the pool of a waterslide at an amusement park
Res ipsa loquitur could be used in all of the above. - Answer A medical malpractice claim against a
surgeon who left a sponge in a patient
Absent a special relationship, one person has no legal duty to warn or rescue another.
True
False - Answer True
Assumption of the risk is an element of negligence that must be proved by the plaintiff.
True
False - Answer False
Whether or not a doctor acted negligently is a question of fact for a jury to decide.
True
False - Answer True
Dr. Dan accidentally left a scalpel in Paul Patient during Paul's operation, causing Paul much pain and
necessitating additional surgery. Paul's lawyer will most likely use the special doctrine of
____________when he sues Dr. Dan for negligence.
Negligence per se
