3.3.E: Assessment Questions
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- Define Torts.
- Answer
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Torts are wrongs committed against others who suffer some form of damage as a result.
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An example of an intentional tort is:
- Defamation.
- Assault.
- Malicious prosecution.
- All of the above.
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When an individual creates and promotes malicious falsehoods about another that individual may be liable for:
- Libel.
- Slander.
- Defamation.
- All of the above.
- Answer
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d
- Describe Negligence.
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All of the following are elements of negligence except:
- A reasonable person.
- A duty by the defendant to either act or refrain from acting.
- A breach of a duty owed by defendant.
- Measurable harm.
- Answer
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a
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Which of the following is a special relationship giving rise to a duty to act to aid or protect one in peril?
- Hotel and guest.
- Cousin to cousin.
- School principal and student.
- Hotel and guest, and school principal and student.
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If an activity causes a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors, and the activity is not one of common usage, it is:
- Proximate cause.
- Abnormally dangerous.
- Negligence.
- None of these are correct.
- Answer
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b
- What is an attractive nuisance?
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The elements of res ipsa loquitor that a plaintiff must establish in a product liability lawsuit include all of the following except:
- The defendant breached his or her duty of care.
- The defendant had control over the product in question while it was being manufactured.
- Under normal circumstances, the product would not cause damage or harm, but damage or harm has occurred in the case in question.
- The behavior of the plaintiff did not significantly contribute to the harm caused.
- Answer
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a
- Describe the differences between contributory and comparative negligence.
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