1. Injury in tort can include such intangible harms as emotional distress True or False 2. It is not

1. Injury in tort can include such intangible harms as emotional distress

True or False

2. It is not necessary for a defendant to touch a plaintiff’s body in order to be liable for battery.

True or False

3. Assault is an intentional, unconsented-to touching that is harmful or offensive

True or False

4. A defendant’s conduct must be outrageous in order to be found guilty of intentional infliction of emotional distress.

True or False

5. Consent can be a defense to battery only if the consent is freely and intelligently given.

True or False

6. If the actions cause injury of the kind the statute was designed to protect against, and if the person who is injured is within the group of people the statute was designed to protect, then the defendant is presumed negligent.

True or False

7. If Jamal is carefully driving his car within the speed limit and an inebriated Eddie darts into his car and is hit, Jamal is liable for Eddie’s injuries.

True or False

8. Under the doctrine of strict liability, care and caution mitigate liability.

True or False

9. Jose, a migrant worker who lived in a mobile home, died in a fire. The smoke alarm of the mobile home malfunctioned and did not go off. He was trapped inside while the fire engulfed him. The state had a law that required dwellings to be equipped with smoke detectors and that they be maintained. In this scenario, Jose’s widow can sue the owner of the mobile home under

A. disparagement

B. negligence

C. libel

D. causation

10. Emmy worked late nights at a convenience store. One night, Emmy discovered that the “”emergency alert”” security system was not working. The owner of the store told her that he would have the system repaired immediately. Nevertheless, a month went by before the system was repaired. In the meantime, the store was robbed while Emmy was working and, in the course of the robbery, the perpetrator broke Emmy’s leg. Under these circumstances, if Emmy presses charges, she is most likely to recover from the store owner

A. for negligence because the harm was foreseeable.

B. for battery because his inaction was the reason for her injury

C. for intentional tort.

D. only for emotional distress.

 

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