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Exam 7: Torts

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Question 21

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The first element that has to be demonstrated in order to prove negligence is that the defendant owes a duty to the plaintiff.

A) True
B) False

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Question 22

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By definition,crimes are intentional and therefore foreseeable.

A) True
B) False

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Question 23

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Since comparative negligence is a fairly harsh rule,most states follow the contributory negligence rule instead.

What is shopkeeper's privilege?

What are the elements plaintiffs have to demonstrate in order to prove negligence?

Negligence is about breaching the duty we owe others,as determined by state tort law.

Trespass to personal property is the unlawful taking of another's personal property without the owner's permission.

There are no constitutional limits to the award of punitive damages.

In tort law,only people that you are a third-party beneficiary to can probably sue you for breach of contract.

Which of the following is an example of the tort of battery?

If a plaintiff unknowingly and involuntarily assumes the risk of participating in a dangerous activity,then the defendant is not liable for injuries incurred.

_____ is the intrusion into the personal life of another without legal justification.

_____ takes place when someone intentionally confines or restrains another person's movement or activities without justification.

Discuss the three primary areas of tort law.

Differentiate between assault and battery.

Professional negligence by business professionals such as doctors,accountants,and lawyers is known as malpractice.

Under the open and obvious doctrine,a homeowner who is automatically negligent for any ,injuries sustained by guests,unless he can prove they were uninvited.

If a tortfeasor is engaged in certain activities and someone is injured or killed,then under _____ the tortfeasor is held liable no matter how careful or careless he or she may have been.

Exploiting a known sensitivity in a child,the elderly,or pregnant women can constitute intentional infliction of emotional distress.

Negligence is distinguished from intentional torts in that: