Untiled quiz

Generally a person who has breached a contract can be sued for the damages caused by that breach and can also be sued in tort for a personal injury of breach of contract.

• True

• false

A tortfeasor (the person committing the tort) commits an intentional tort when:

• they have acted beyond a reasonable doubt

• they have acted with the intent to cause the damage or harm

• did not act intentionally but failed to act as a reasonable person

• they act with gross negligence

If you were to take a picture of a famous movie star and then make t-shirts, coffee cups, flags, and other similar souvenirs, selling them for a profit in stores and online, which category of the tort of invasion of privacy have you committed?

• misappropriation

• appropriating the person’s name or likeness

• invasion of physical solitude

• publicly disclosing private facts

• false light

How is negligence distinguished from an intentional tort?

• negligence must be proven beyond a reasonable doubt

• in negligence there is a lack of intent to cause harm.

• an intentional tort can be punished with imprisonment while negligence cannot

• to prove an intentional tort it must be proven the defendant did not act as a reasonable person would have acted

In order to prove negligence you must prove all the elements of this tort.  All the elements that have to be proven are:

1.  there was a breach of contract by the defendant

2. that caused the injury to the plaintiff

3. that the plaintiff was damaged and deserves compensation

• True

• False

You are walking down the road.  Immediately in front of you there is an elderly person about to step off the curb into the path of a moving vehicle.  What do you legally have to do?

• If you do not try to warn or stop the person from danger, you could be liable for their injuries

• As a stranger you do not have a duty to take any action or make any warnings.

• You might be liable in negligence for breaching the duty of care towards the stranger.

• You might be liable in negligence for breaching the duty of care towards the stranger.

One way to look at proximate cause is to ask "but for the defendant's actions, would the plaintiff have been injured?"

• True

• False

John lives in a state that has adopted the doctrine of comparative negligence.  He is in a car accident  and is hospitalized.  When he recovers from his injuries he sues the defendant.  His damages as proved to the jury was $200,000.  The jury also finds that John is partially responsible for his damages.  The jury determines that he was 20% responsible.

How much will John receive under the jury's verdict?

• $200,000

• $40,000

• $20,000

• $180,000

• $160,000

New Hampshire Mining and Drilling Co. was removing quantities of rock from the planned route for a new road.  It required regular blasting of granite and other rock formations.

The Company always used the best plans and techniques.  Their employees were highly trained and followed every step necessary.  

One morning they conducted a major blast.  Pieces of rock flew everywhere with some landing 1/4 mile away.  Two people riding in a car at that distance were killed by falling rocks.  Houses were damaged and several other people injured.

The injured persons or their families sued the Company.  The because they are engaging in a dangerous activity, the tort theory that they will use is:

• Res ipsa loquitur

• Strict liability (liability without fault)

• Reasonable person standard

• Negligence

• Intentional Tort

Which of the following is NOT a type of invalid offer?

• Forbearance

• Fraud

• Pre-existing Duty

• Illusory Promise