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LAW 531 Week 2 Knowledge Check -
1. Identify the true statement about intentional torts.
- A person can be sued for assault even if there was no actual physical contact.
- A person can be sued for threatening future harm.
- A person can be accused of battery only if there was direct physical contact.
- A person cannot be sued for intending to injure one person but injuring another instead.
2. When does misappropriation of the right to publicity occur?
- When private information about a person is made available to the public without the person's consent
- When the identity of an individual is used to make commercial gains without the individual’s permission
- When false statements about an individual are made on a public platform
- When a false document is signed using another person’s name
3. Natalia has sued a media agency for publishing false statements about her in one of its widely circulated newspapers. Natalia has sought damages from the media agency for violating her reputation. Identify the tort that is illustrated in the scenario.
- Misappropriation of right to publicity
- False imprisonment
4. What is true about a negligence lawsuit in the context of unintentional torts?
- The plaintiff does not need to prove that the defendant owed a duty of care.
- The plaintiff does not need to prove that actual injury occurred.
- The plaintiff should prove that the defendant's negligence caused the injury.
- The plaintiff needs to prove that the negligence occurred in the profession of the defendant.
5. What does proximate cause mean?
- The negligent person or entity is completely responsible for all the damages caused by the negligence.
- The plaintiff has the right to decide the extent of the negligent party's liability.
- The law limits the liability that the negligent party needs to assume for the consequences.
- The compensation for damages is decided based on the severity of the injury.
6. To which of the following scenarios would res ipsa loquitur be most applicable?
- Laura experienced extreme emotional distress after she watched her father get severely injured in an accident.
- Jason was severely injured when a roller-coaster crashed during a ride in an amusement park.
- Paulina was seriously injured in a car accident because she was driving under the influence.
- Samir lost some of his important documents because of a negligent accountant.
7. Identify the true statement about the doctrine of strict liability.
- It allows a plaintiff to recover damages from a defendant if the latter's conduct has been intentional.
- It requires a defendant to prove that a plaintiff has breached the duty of due care.
- It can be disclaimed by wholesalers and retail dealers.
- It also covers informal sales and transactions.
8. When does a negligence tort occur in the context of product liability?
- When a manufacturer intentionally hides a defect of a product
- When a lessor knowingly provides false information about the quality of a product
- When a seller breaches the duty of due care while selling a product
- When a manufacturer makes products under a false identity
9. Miranda has filed a lawsuit against a cellphone company that sold her a phone with defective features. Miranda has filed the case because she believes that the company intentionally withheld information about the poor features of the product. It was these defective features that caused Miranda's hand injury. Identify the product liability tort that would best apply to this scenario.
- Res ipsa loquitur
10. What is the most valid defense for a product liability lawsuit?
- The defendant claims that he or she was not aware of the possible injury that the product could cause.
- The defendant claims that the product was not modified by the plaintiff after it was bought.
- The defendant claims that the product was used in an abnormal and wrong manner by the plaintiff.
- The defendant claims that the product was harmful because of improper packaging.
11. In a product liability lawsuit, a seller was excused from paying damages to a customer for injuries caused by a defective product. This was because a number of years had passed since the seller had sold the product to the customer. What statute can best be applied to this scenario to protect the rights of the seller?
- Statute of limitations
- Statute of proximate cause
- Statute of repose
- Statute of contractor defense
12. In which case can the doctrine of comparative negligence be used?
- When part of the plaintiff's injuries have been caused by the carelessness of the plaintiff
- When the plaintiff, out of negligence, takes action against a defendant, several years after the injury has been caused?
- When the defendant claims that the plaintiff was aware of the risks of using the product in question
- When the defendant proves that he or she sold the product several years prior to the injury