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
Res ipsa loquitur
Superseding ...
BUL 3310 Exam 2 FSU Bailey
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
Res ipsa loquitur
Superseding cause
Contributory negligence - ✔️✔️Res ipsa loquitur
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 - ✔️✔️Compensate victims for their losses
The publication requirement for libel is met if the falsehood is communicated to just one
other person.
True
False - ✔️✔️True
In most states, children under the age of __________cannot be held liable for
negligence.
7
14
16
18 - ✔️✔️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. -
✔️✔️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 - ✔️✔️Conversion
In joint and several liability one party is potentially liable to pay the entire amount of the
judgment.
True
False - ✔️✔️True
Injunctions are often sought as remedies in torts of
Nuisance
Wrongful appropriation of another's good will
False imprisonment
A and B - ✔️✔️A and B
An action for mental distress normally requires the plaintiff to exhibit some physical
symptoms of emotional suffering.
True
False - ✔️✔️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. - ✔️✔️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. - ✔️✔️A medical malpractice claim
against a surgeon who left a sponge in a patient
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 - ✔️✔️False
Absent a special relationship, one person has no legal duty to warn or rescue another.
True
False - ✔️✔️True
Assumption of the risk is an element of negligence that must be proved by the plaintiff.
True
False - ✔️✔️False
Whether or not a doctor acted negligently is a question of fact for a jury to decide.
True
False - ✔️✔️True
Both contributory negligence and comparative negligence can be asserted as defenses
in cases brought in strict liability.
True
False - ✔️✔️False
, The doctrine of res ipsa loquitur applies when a person causes damages while violating
a law or ordinance.
True
False - ✔️✔️False
The greater the risk in a situation, the higher the duty of care.
True
False - ✔️✔️True
The earliest application of strict liability in American law was in cases involving which of
the following?
Defective products
Medical services
Dangerous animals
Tobacco products - ✔️✔️Dangerous animals
Iris was at fault in a car crash in which Phil was injured. As they waited for the EMT's to
arrive, a plane, which was part of a nearby air show, crashed into Phil, significantly
increasing his injuries. Iris will not be liable for this second set of injuries because the
plane crash was a(n)
Proximate
Legal
Foreseeable
Superseding - ✔️✔️Superseding
Susan owns a pizza delivery franchise. She decides to make changes to her pizza
making process. Her changes decrease the care and quality control of the care of the
ingredients that need to be refrigerated. Several of her customers end up getting food
poisoning. What does she have the greatest risk of being sued for?
Negligence
Assault
Fraud
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