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Her marriage had been stable until last year when she started to become tense and irritable with her husband. She feels that her problems were aggravated when she learned she was pregnant. Shortly after she learned of her pregnancy, her husband,...
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He may be permanently vision impaired and can no longer do his job as inspector of micro devices. Don recently took a job as a window washer with a maintenance company that washes windows on the outside of high rise office buildings. Last week, on a...
Torts 50 Questions And Answers
Her doctor, who knows that he will be financially penalized by the patient's insurance company if he extends a hospital stay or refers a patient to a specialist, did neither. Shortly after Dolly came home from the hospital she made a suicide attempt, which resulted in severe physical injuries the permanency has not as yet been determined. She recently told her husband of the problems at her job. Don and Dolly decide that she should quit her job although they needed her income especially now that they have the baby and Don was so traumatized by his experience on the windswept window washing scaffold that he can not return to that job Don relates that last week he had been notified that his married brother, who has a six year old son, died when as a national fraternity representative, he visited the Colorado University chapter of Pi Alpha Gamma fraternity.
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While there, he attended a party where he drank too much, tripped over a torn carpet, and fell down a flight of stairs. His position with the fraternity was basically as a volunteer. However he was paid his travel expenses and a small stipend. Don's primary concern is that his nephew would be financially protected by any recovery available from his father's death.
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As far as Don knows his brother died with modest assets. His primary concern is that his brother's widow is totally irresponsible with finances and may not even consider taking any legal action. Good job. Your Memo would be more usable by your attorney if it were edited down and more organized. Although you sometimes listed the elements of individual potential claims i. Battery by fan where you did and product liability where you didn't. Company picnic does arise out of employment relationship but does that mean he was within scope of employment? True Don was within scope of his window washing job when he was subjected to wind problem, but does that not BAR him from any TORT action against employer?
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He would be limited to workers comp. DOLLY Outrageous conduct by one of her supervisors John Doe : The tort of intentional infliction of emotional distress occurs whenever a defendant intentionally or recklessly, by their conduct, causes severe or emotional distress in another person. The question is whether supervisors, who harass Dolly, are liable for this type of tort? Here, Dolly feels uncomfortable that John Doe has been harassing her, calling her names, and telling her that she is hotter than Brittney Spears. It is obvious from the facts the supervisor recklessly disregarded the possibility that distress might result because she complained to the department manager. The question is whether after Dolly complained, did the department manager make it known to John Doe, and if it was known, did he recklessly disregard the fact that it makes her feel uncomfortable? If so, then John Doe intended to bring about the distress, and he knew with substantial certainty that the distress would result.
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However, mere insults are generally not sufficiently outrageous. The question is whether John Doe's conduct knew of Dolly's special sensitivity, and whether a woman in Dolly's shoes would have been seriously anguished? From my perspective, the comment that she is "hotter than Brittney" would probably cause severe mental anguish in a reasonable woman. The distress must be severe enough to cause physical manifestation e.
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The supervisor's comment must have been severe enough because she later decides that she should quit her job. But a court will hold him liable only if there was a physical manifestation and had Dolly sought medical attention for it. Thus, John Doe is probably not liable. Assault by John Doe: Assault is the intentional causing of an apprehension of a harmful or offensive contact. From the facts, there is no assault. Consequently, maybe a claim for sexual harassment but more research would have to be done to see if that claim flies. Plus, the statute of limitation on sexual assault case begins to run from the time of discovery for many of these cases.
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50 Practical Torts Multiple Choice Questions For All
Special doctor-patient relationship: The question is whether Dolly's doctor failed to act when she discussed her feelings of feeling exhaustion and depression? The doctor has a duty to help relieve or referring a specialist to assist her. Doctor is probably liable for failing to act to prevent patient from injuring herself. He is also a third party beneficiary between Dolly and her insurance company, which takes us to the next issue. Improper interference by Dolly's insurance company: No defense can save insurance company from this one at least I don't think there is. Is insurance company, who will penalize Dolly's doctor if he extends hospital stay or refers her to a specialist, liable for intentional interference with a contractual relation IICR?
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IICR requires: an intentional and improper interference which causes a third person not to continue the prospective relation or preventing the other from acquiring the prospective relation, and an underlying contract exists between plaintiff and third party. After delivery, Dolly discussed with her obstetrician that she felt completely exhausted and depressed, and that she couldn't even look at her new born or talk to anyone.
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She requests an extension of her stay to recuperate before facing her new responsibility. But her doctor because of financial penalties placed by her insurance company did not authorize her request or refer her to a specialist. This constitutes an interference with her doctor's contractual relationship to his patients. The facts show that after she came home, she attempted suicide and incurred severe physical injury. Had the insurance company not improperly interfered with the doctor-patient relationship, preventing him from continuing to treat her after her delivery, maybe she would have recovered from her post exhaustion and depression or he could have referred to a specialist who could have helped her recover. This constitutes an interference with a contractual relation and insurance company should be liable. Mental suffering by Dolly: The question is whether Dolly, who attempted suicide from lack of medical assistance to cure her exhaustion and depression, can claim mental suffering?
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Torts Multiple Choice Questions And Answers For MBE Exam
Dolly can claim mental suffering as an additional element of recovery because she has direct physical injuries e. Mental suffering by Don: If Don witnessed his wife's attempted suicide, and he fears for his wife's safety, then he may be able to recover, if he was within "zone of impact. If Don doesn't see his wife attempt the suicide but hears about it later, no court will let Don recover for mental distress. From the facts it is obvious that fan intended and desired to inflict harm e. Throwing a bottle at someone in anger constitutes substantial certainty that the harmful contact will occur. The question is did fan realize that a harmful contact with Don was nearly certain; fan is protected if he didn't realize this.
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Torts Study Guide: Sample Exam Questions
The fan was not privileged to throw the bottle in anger just because Don blocked the baseline and collided with opposing player. Assault is iffy here because it is uncertain if Don saw the fan throw the bottle. Assault is the intentional causing of an apprehension of a harmful or offensive contact. If Don saw the bottle coming when he blocked and collided with opposing player, then there is assault. But fan is probably not liable for assault, because if Don saw it he may have been able to move out of the way depending on how far he was from the stands. If the bottle was intended for someone else but hit Don instead, then this is transferred intent, and is still a battery. So, Fan is liable for battery but probably not assault. No affirmative defense is going to save fan from this one. He can't claim he was privileged or that it was a mistake. Who knows maybe it was a mistake but it is not a defense. Moreover, playing softball may entail some amount of risk, but the risk from being injured by a fan on the stand is not inherent in the game, thus assumption of risk is not a defense here because the risk wasn't an unreasonable one.
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Fan's conduct was gross and reckless and intentional. Product liability by Bottle Co. Miller Brewing Co. Like that case, Don may wish to sue the Bottle Co. But like that the court will probably hold manufacture not liable for Don's injuries, because bottles are not designed to withstand such "use. Vicarious liability on the company: Because this was a company picnic, the question is whether Don was within the scope of employment and with the intent to further his employer's business purpose? Assuming that Don was at his company picnic not Dolly's , then his company or her company would have the right to control the details of the company picnic.
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50 Practical Torts Multiple Choice Questions For All - Trivia QQ
And a company picnic is the sort of event that employers frequently and foreseeably do within their work year because it promotes moral. Thus, a court would probably find it within the scope of employment because it benefits the whole company. Fan and employer are both jointly and severally liable for injury to Don. Employer is the proximate cause of the accident. Conduct will be deemed to be a proximate cause if the harm was a foreseeable result of the conduct, and if the harm was not brought about by an extraordinary or unforeseeable sequence of events.
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Practice Hypotheticals
Gilbert Law Summaries Good for: Outlining, Exam Preparation Gilbert's is a well-known provider of study aids and is best used for outlining and preparing exam answers. It provides a comprehensive outline of torts with sufficient explanations of the subjects and rules. At the beginning of each subject there us a section on "Key Exam Issues" that tells you what to focus on when studying. The outline is very helpful in that it lays out the elements of each tort right away and provides several examples for each tort to illustrate the issues and remind you of landmark cases that mirror those issues. There are also "exam tips" throughout that keep you focused on how to respond to possible exam questions. I also found the charts throughout the book to be quite helpful. While this aid is mainly helpful with outlining, you might also use the multiple choice questions and ten essay questions in your exam preparation at the end of the semester. Acing Tort Law 3rd ed.
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Torts Negligence Sample Exam Answer
Shubha Ghosh Acing Law School Series Good for: Understanding Concepts With its short and sweet overview of tort law concepts and hypotheticals this book makes for a good supplement. It provides straightforward explanations of the law and then tests your knowledge with hypotheticals after every chapter. There are also handy checklists at the end of each chapter to keep you thinking about what to write for an exam answer.
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Torts Exam Answer Template
While there are these hypotheticals and checklists this aid is not meant for exam preparation and is best used to get an overview of the subjects and test your knowledge of the broad topics. Joseph W. Glannon Examples and Explanations Series Good for: Exam Preparation Just as the title suggests, this book is filled with examples and explanations for almost every tort imaginable. The book is divided into the different torts and gives a brief overview of the substantive law. The examples are in-depth and provide a wide variety of possible issues so you should be ready for anything on the exam. Near the end there are practice essays and sample answers so you can test yourself in a timed manner. This study aid will be helpful throughout the semester in reviewing issues you have already gone over and help you with any concepts you may be struggling with.
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Oxford University Press | Online Resource Centre | Outline Answers To Exam Questions
The City of North Park had a tradition of allowing candidates for the office of city council the privilege to present a short speech on this date for the purpose of informing interested members of the public on the points of view which each candidate holds. Several candidates delivered their speeches. John Calvoni then presented his five minute speech. After John Calvoni had delivered his speech he went back to resume his seat which was on the stage about ten feet behind the podium.
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Questions And Answers: Torts, 3rd Edition
Jack Bland, an opposing candidate who was sitting in the seat next to John Calvoni's assigned seat, decided that it would be entertaining to pull Calvoni's chair out from under him. As Calvoni began to sit down, Bland pulled the chair out causing Calvoni to fall to the stage floor. Calvoni suffered no injuries but he was deeply humiliated over the incident. If Calvoni brings a tort action against Bland, Calvoni will probably recover on which of the following theories? During lunch the school administrator provided the students some time to eat at the cafeteria located on the premises. Margarita, the class clown, decided to pull another prank. As Helen was attempting to sit down with a tray of food, Margarita pulled Helen's chair from beneath her. Helen fell to the floor. Which tort is most applicable under these facts? A Assault B Battery C Negligent infliction of emotional distress D Intentional infliction of emotional distress Torts multiple choice Questions 3 - 5 are based on the following fact situation.
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Torts Study Aids
Exec and Associate were both white collar workers who were employed by firms located in downtown Centerville. Both Exec and Associate were late for work on Tuesday morning. As such, they each were traveling at an excessive rate of speed toward their respective places of business. Exec was traveling down Second Street, only seven blocks from his office, at a speed of forty-five miles per hour. The posted speed was thirty miles per hour.
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As Exec approached the intersection of Second Street and Gilbert Avenue, Associate also approached the same intersection. Associate was traveling north on Gilbert Avenue to get to work that morning. Associate was also speeding and witnesses estimated his speed to be somewhere between forty and fifty miles per hour. The posted speed on Gilbert Avenue was thirty miles per hour. The two cars collided at the intersection of Second and Gilbert. Associate's Buick Skylark hit Exec's Ford Escort causing Exec to swerve out of control into Jose's produce cart parked at the side of the road. Both Jose and his merchandise suffered extensive injuries. Torts multiple choice Question 3 3.
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Tort Claim Act | Practice Question
Assume for the purposes of this question that Jose has a claim for damages against both Exec and Associate and that he obtains a judgment for the full amount of his damages from Associate. Which theory will now allow Associate to pursue Exec in order to have Exec pay for part of the damages? A Intentional infliction of emotional distress, answer choice A is the best answer. Although it is correct that Bland has committed both a battery and the tort of intentional infliction of emotional distress we must look to the degree or severity of the conduct. First of all, choice D is incorrect because A is correct. Answer choice B is not correct because Calvoni did not suffer from an imminent apprehension of a harmful or offensive contact. Answer choice C is correct to the extent that a harmful or offensive contact occurred, but answer A is the better answer as Bland's conduct was extreme and outrageous. Bland's conduct constitutes the intentional infliction of emotional distress because it occurred in front of interested voters who attended the candidate speeches and because it was extreme and outrageous.
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Q&A Torts (Questions And Answers) 11/e
B Battery is the most probable tort for which Helen may be able to assert in a suit for recovery against Margarita. Battery consists of the harmful and offensive touching of plaintiff's person. The freedom from intentional and unpermitted contact extends not only to any part of the body but also to anything which is attached to the body or identified with the body. Thus, the pulling of Helen's chair, causing her to fall to the floor, constitutes a battery. Note that this fact pattern must be distinguished from the fact pattern which describes conduct which may be characterized as "extreme" and "outrageous. C Under the theory of "pure" comparative negligence a negligent plaintiff can still recover even where his negligence exceeds that of the defendant. On the multistate examination an important area is the calculation of damages and the ability to do so under the appropriate system which the bar examiners give you. Under the facts presented in this question, you are told that the jurisdiction follows a system of "pure" comparative negligence.
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Therefore, answer C is correct. D Associate may recover nothing under these facts if the jurisdiction follows a "modified" comparative negligence system. Under a theory of "modified" comparative negligence the negligent plaintiff may recover so long as his negligence is not equal to or greater than that of the defendant. No recovery will be allowed if the plaintiff's negligence is equal to or greater than defendant's negligence. Answer D is correct. C Contribution allows a defendant to claim recovery of damages against other jointly liable parties for excess damages when that defendant is required to pay more than his share of damages.
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Analyzing Tort Essay Exam Problems
Answer C is correct. Contribution apportions responsibility among those at fault. In a comparative negligence system, apportionment is in proportion to the relative fault of the defendants. Answer choice A is incorrect because one defendant is not being substituted for another and responsibility for the entire loss and all damages may not be placed upon Exec.
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Concentrate Questions And Answers Tort Law: Law Q&A Revision And Study Guide - Law Trove
Answer choice B is incorrect because this rule will not act to shift responsibility for damages from Associate to Exec. The collateral sources rule provides that a defendant tortfeasor may not benefit from the fact that plaintiff has received money from other sources. This rule does not help Associate. Finally, choice D is incorrect because indemnity involves shifting of the entire loss from one tortfeasor to another. Indemnity is not available under these facts where both Exec and Associate were negligent. Under no circumstance will Law School books be held liable for any loss or damage caused by a visitor's reliance on information obtained through this web site.
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Sample Exam Questions - Torts Study Guide - LibGuides At Regent University
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Oxford University Press | Online Resource Centre | Outline Answers To Exam Questions
On the law of Trespass to the Person: which statement is incorrect? Historically more about vindication of rights than obtaining compensation. The burden of proof in tort lies on the defendant to prove all the essential elements of the tort in question. The claimant has the burden of proving any defence on which he seeks to rely. In tort the standard of proof is 'on the balance of probabilities'. This means that a particular state of affairs must be shown as more likely than not to have occurred. In tort, corporations can also sue or be sued.
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Friday, April 16, 2021
Tort Exam Questions And Answers
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