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Which of the following create tort liabililty

Which of the following create tort liabililty?

Question
2

0 out of 10 points

Darlene was trying to get the attention of her
friends on the other side of the football field, so she picked up a rock and
threw it at the metal sign beside where her friends were sitting. She
figured that would make a noise, and her friends would see her when they
looked up. Unfortunately, her aim was off and the rock didn’t hit the
sign but hit Patty just above her eye, causing her to have to go to
the hospital to have her eyebrow sutured to stop the bleeding. Which of
the following is most correct?

Question
3

10 out of 10 points

Peter resigned from David’s Deli, and applied to
work at a military base as a contract employee. The military employer
who reviewed Peter’s application called David to verify the dates of his
employment. at David’s Deli. To answer the new employer’s question,
David referred to Peter’s personnel folder, which had been under the control
of Peter’s accountant.
The record indicated that Peter had been
disciplined twice for tardiness at work, when in reality Peter had never been
late for work. Because there were more than 100 employees at the Deli,
David didn’t personally know Peter’s history and relied on the record. When
David reported that Peter had been tardy twice, the military employer noted
that Peter had not reported this, and decided not to hire him. Peter
sued David’s Deli for defamation resulting in damages.
Will the Deli be liable for defamation against
Peter?

Question
4

10 out of 10 points

Amanda is an employee of Delta Equipment Company,
responsible for administering employee benefits. An employee, Edward, came to
Amanda to arrange for tuition benefits while attending college. He said
that he was thinking about attending Career University, a for-profit
university. Amanda said that Delta would not reimburse for expenses
incurred at Career University because it was not on the company-approved list
of colleges. When asked why it was not on the approved list, Amanda
explained that Career University is not accredited, and that the school
does an inferior job of educating students.
Edward decides to go to Traditional University
instead of Career University, and when asked why he didn’t decide to
sign with CU by Career University, Edward explained what Amanda had
said. Career University sued Delta Equipment for the statements that
Amanda had made.
Will Amanda or Delta Equipment be liable to
Career University?

Question
5

0 out of 10 points

David was driving through a heavy rainstorm on a
suburban street when he noticed a 3-year old child standing near an open
drain. Because of the rainstorm, the water was almost up to the waist
of the toddler. David realized the child was in danger of falling into
the drain, but David was late for work and decided not to stop.
The child did fall in the drain, and died.
David was identified by witnesses as the driver who didn’t stop, and the
parents of the dead child sued David for not stopping, seeking tort damages
to pay for the funeral expenses. Which of the following is most
correct? .

Question
6

10 out of 10 points

Cartman and Kenny decided to see who had the
fastest car, and raced on a lightly-traveled road. As they sped down
the road, they came up on a mini-van that driving to a hospital to bring a
human heart for a transplant. When Cartman and Kenny sped past the van,
one of the cars bumped the van, and the van went into the ditch. The
container holding the transplant heart broke open, and the heart was smashed
against a seat back. The van driver was injured and the van itself
totalled. Kenny and Cartman were arrested for speeding, and were sued
by the van owner and driver for tort damages. Because of the broken
heart, the intended recipient did not get a transplant in time, and he
died. The transplant recipient’s family sued Cartman and Kenny for
wrongful death. Which of the following is most correct?

Question
7

10 out of 10 points

Miley and Billy Ray were driving to a concert,
and stopped to get gasoline and a soft drink. While Billy Ray was
filling up the gas tank, Miley went into the store and picked up two 20-ounce
glass bottles of “Tennessee Tea”, a soft drink. While waiting
to pay for the drinks, one of the 20-ounce glass bottles blew up, driving
shards of glass into Miley’s face. She had to have $300 in
medical care, and she had to cancel a concert at which she was to
perform. As a result, she lost $100,000 in performance fee
income. The exploded bottle was analyzed, and there appeared to be no
identifiable cause of why the bottle blew up, although several witnesses
confirmed that it did blow up without any action by Miley or others. It
was puzzling because the drinks had been sitting in the cooler for three days
without any other problems noted. Which of the following is true?

Question
8

0 out of 10 points

John and
Jillian contracted to fetch water from an artesian well located at the top of
a hill, and transport it down the hill to the local water utility.
While loading the water into the tanker truck at the top of the hill, the
tanker truck was hit by Mr. Dumpty, who had fallen off a wall where he
had been sitting. Dumpty arrived at the wall about 30 minutes after
John’s tanker truck parked there. Mr. Dumpty was broken by his great
fall, incurring $25,000 in expenses for his injury. John and Jillian
were injured when John fell down as a result of Dumpty’s fall onto the
truck. John tumbled down the hill, and Jilllian came tumbling
after. While Jillian was not injured enough to incur costs, John
incurred $75,000 in expenses for his injuries. Each party sued the
other for negligence in a state that observes unmodified comparative
negligence tort theory, and at the trial, it was established that John had
negligently parked the tanker truck in an area that was prohibited, and that
Mr. Dumpty had been negligent in sitting on the wall above the tanker truck.
The jury found that Mr. Dumpty and John were equally liable for the injuries
that resulted as a consequence of their actions. As a result, who must pay
whom, and how much?

Question
9

0 out of 10 points

Bill owned a home on the side of a hill, and adjacent
to the home was an in-ground pool on a ledge of land. The pool had been
up for about a year while Bill tried to figure out how to best place a fence
and pool screen to keep insects and small children out. He contracted
with a screen and fence company to install the fence and they were scheduled
to begin next week. However, before the contrator could start
construction, a three year old child wandered onto the property,
fell in the pool, and drowned. Investigation revealed that Bill had not yet met
the county statutory requirement that a fence at least six feet
high around any pool more than 2 feet deep. Bill had placed a sign on
his property that stated “PRIVATE PROPERTY. NO TRESPASSING.”
Which of the following is most correct?

Question
10

10 out of 10 points

Harvey had a pet snake in his home – an
Australian Taipan. This is arguably the most lethal snake in the world,
and each snake’s venom is sufficiently potent to kill nearly 100
humans. To keep the snake secure, Harvey had the latest equipment and
proceses in place. He used double-glass walls with a gas in between the
glasses that is lethal to reptiles, but not to humans. He has the lid bolted
down with a combination lock, so that no one can raise the lid without
knowing the combination, and he has warning signs both on the cage and in the
room to alert visitors that there is a deadly snake in this cage in the room.
He also has a combination lock on the door of the room, and only he has that
combination.
Nevertheless, during a tornado the room’s walls blow
out, the snake cage breaks, and the Taipan slithers off and eventually bites
and kills a clean-up worker. Which of the following is most
correct?

Mar 17 2020 View more View Less

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