Legl Ch 12 – Flashcards

The state of Texas has placed caps on noneconomic damages in medical malpractice causes of action. This type of limitation on damages is a. an example of tort reform. b. a protected interest. c. a violation of the U.S. Constitution. d. always a violation of a state constitution.

Mel sent Jasper an e-mail message telling Jasper that his wife had been killed in a car accident, and Mel knew this was untrue. Jasper may be able to sue Mel for a. infliction of emotional distress. b. libel. c. battery. d. violations of the First Amendment.

Mark is a famous syndicated radio personality for TalkRadio. He has a distinctive voice and manner of speaking. MoreTalk hires Gordon, who sounds nearly identical to Mark, to host a competing show. MoreTalk encourages Gordon to imitate Mark as closely as possible while on the air. MoreTalk is most likely to be liable for a. appropriation. b. conversion. c. wrongful interference with a business relationship. d. defamation.

The members of the City High soccer team have been training with Hanson, a personal trainer who charges by the hour, for several years. Bob, the soccer coach, tells the team members that they must now train with Martin, not Hanson, or they will be kicked off the team. All of Hanson's clients immediately stop training with Hanson. Bob is most likely to have committed a. no tort. b. wrongful interference with a business relationship. c. conversion. d. slander

Doug obtains permission to be on Nathan's land for one day to hold a four-wheeling event. Doug's truck breaks down, and instead of removing it, he leaves it on Nathan's property for several days after the event. Doug has most likely committed a. no tort. b. trespass to personal property. c. trespass, but he has a complete defense. d. trespass to land.

Cory opens a small jewelry store but has difficulty competing with Bling Jewels, a much larger firm. In his newspaper ad, Cory includes the false statement, "Bling Jewels sells stolen diamonds." Bling experiences an immediate decrease in sales. Cory has most likely committed the tort of a. wrongful interference with a contractual relationship. b. slander of title. c. malice. d. slander of quality.

Austin, Texas has passed a local ordinance that provides all motor vehicles must provide at least three feet of clearance when passing a bicycle. Ted is driving his vehicle and accidentally hits Zoey. His actions of violating the local ordinance and hitting Zoey constitute a. negligence per se. b. assault. c. battery. d. negligence.

Andy decides to go skydiving for his 40th birthday. He signs a waiver, boards the plane and prepares for the jump. Everything is going smoothly until just before landing a down draft forces Andy down at a much faster rate into the ground, causing injury to both of his legs. Andy will likely not be able to recover for his injuries under the defense of a. transferred intent. b. assumption of the risk. c. negligence per se. d. consent.

While Jessica, Ashley, and Bryan are snowboarding, they ignore warning signs indicating that they have left the marked trail and are entering dangerous territory. They become lost, and a rescue effort begins. Climbing the mountain, a snowplow accidentally cuts a nearby town's main electrical cable. Due to the loss of her electric heat, Ethel, an elderly woman, dies of hypothermia. The boarders' negligence in ignoring the warning signs is a. the proximate cause of Ethel's death. b. the superseding cause of Ethel's death. c. the causation in fact, but not the proximate cause, of Ethel's death. d. not the cause of Ethel's death.

Two notions serve as the basis for all torts: wrongs and compensation T or F

A successful defense releases the defendant from partial or full liability for a tortious act. T or F

There are three broad classifications of torts: intentional torts, unintentional torts, and accidental torts.. T or F

Specifically targeting the customers of a competitor is always a legitimate business practice. T or F

Hayley is injured in an incident precipitated by Isolde. Hayley files a tort action against Isolde, seeking to recover for the damage suffered. Damages that are intended to compensate or reimburse a plaintiff for actual losses are a. compensatory damages. b. reimbursement damages. c. actual damages. d. punitive damages.

Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Gooey Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora's customers. Dom is most likely liable for wrongful interference with a a. bargaining relationship. b. business relationship. c. contractual relationship. d. customer relationship.

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is a. appropriation. b. wrongful interference with a contractual relationship. c. no tort. d. wrongful interference with a business relationship.

In Vehicles, a competitor, of selling stolen cars. Hi-Value's sales decrease. Lo-Price has most likely committed advertising circulars, Lo-Price Autos falsely accuses Hi-Value a. slander of quality. b. slander of title. c. wrongful interference with a business relationship. d. none of the choices.

An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Fun Park fails to maintain its equipment. Keely, a patron, is injured. Jack's has committed a. a violation of a dram shop act. b. negligence per se. c. res ipsa loquitur. d. a violation of a Good Samaritan statute.

Oliver slips and falls on Port Harbor's Tour Boat and is injured. Oliver files a suit against Port Harbor for $500,000. If Oliver is 20 percent at fault and Port Harbor is 80 percent, under the "50 percent rule" comparative negligence principles, Oliver would recover a. $0. b. $250,000. c. $400,000. d. $500,000.