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Review Questions §5.09 Review 

Lesson 5: Tort & Contract Law

1. In a game of touch football, defendant accidentally knocked plaintiff over, stepping on her hand and injuring her finger. Which theory bars plaintiff from recovery for her injuries?

a. Vicarious liability

b. Comparative fault

c. Assumption of the risk

d. Joint and several liability

2. Trucking Company took many precautions to prevent its employees from driving negligently. For example, they sent their drivers to driving school, tested them regularly, etc. When one employee forgot to utilize a parking brake at a truck stop, the truck hit another vehicle. The employee admitted that he was at fault. Is Trucking Company liable?



3. If Trucking Company employee’s conduct in Question 2 was intentional, rather than merely negligent, would Trucking Company still be liable?



4. Plaintiff said he was driving on A Street when he was struck from behind by defendant. Defendant stipulates to being at fault in the accident and has paid plaintiff's vehicle repairs, which were $450 for a scratch to the rear bumper, but does not agree to plaintiff's other damage claims of $1500 for loss of work for filing the claim and time in court, $1000 for consulting an attorney, $150 for a doctor's examination, $2500 for physical therapy appointments, $250 for a car rental, and $2000 for pain and suffering. What claims may be recovered by plaintiff?

a. $1500 for loss of work for filing claim and time in court

b. $1000 for consulting an attorney

c. $150 for a doctor's examination and $2500 for physical therapy

d. $250 for a car rental and $2000 pain and suffering

e. c and d

5. While going through an intersection, plaintiff’s car was hit on both sides by two different cars. Plaintiff sustained multiple injuries. She doesn’t know which car caused which injuries. In a suit against both drivers, from whom can she recover her mounting medical bills?

a. From either or both of the defendants.

b. From each defendant according to his or her percentage of fault.

6. On January 1, 2007, Peter David claims he was falsely arrested by a deputy from the Sheriff's Department on a bench warrant that had been previously recalled by the court, but was still listed as active in the system. He files suit against the Sheriff's Department and the Superior Court on June 15, 2007, for the false arrest and claims as damages loss of three days' income and pain and suffering. Representatives from the Sheriff's Department and the Superior Court defend based on the fact that Mr. David has failed to file a timely claim with either public entity and therefore is precluded from bringing suit against them. How would you rule?

a. Rule in favor of the Sheriff's Department and the Superior Court

b. Rule in favor of the plaintiff

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