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wants to sue on a negligence tort, but knows that he was partly as fault. which

ID: 1145607 • Letter: W

Question

wants to sue on a negligence tort, but knows that he was partly as fault. which of the contributory negligence. following is true? A) The plaintiff will have to elect whether to sue under comparative or B) If the plaintiff's fault is only 5%, his recovery will be the same under either pure or partial comparative negligence. C) A state applying contributory negligence will low the plaintiff to recover so long as his fault is minor D] In all circumstances the plaintiff will recover more under pure comparative negligence than under partial comparative negligence. E) Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence. While attending a baseball game cheering for the home team, a fan of the other team sneaks up behind Jack and hits Jack on the head with a hard piece of pizza crust, injuring Jack. Jack has no idea he is about to be hit and is severely embarrassed when his friends see that he was injured by a pizza crust. Which of the following torts 18) has the fan committed? A) assault and battery B) battery and negligent infiction of emotional distress C) battery D) assault E) assault, battery, and negligent infliction of emotional distress 19) An English professor puts a comment on a student's composition that says, "Can't you write at all? You are writing at a third grade level and will never be able to graduate from this universityl" The s extremely upset and sues the professor. For which torts could the professor be held liable? A) intentional infliction of emotional distress B) invasion of the right to privacy C) defamation only D) both A and B E) neither A, B, nor C Sandy lives on the top floor of a ten-story building in a big city. There is a 30-story apartment building under construction next door to her building. One morning while eating her com flakes,a brand new toilet comes crashing through the roof of Sandy's apartment and injures her. She would like to sue the construction firm, but has no way of finding out or proving what persons were involved or esactly what happened. The 20) doctrine that would most help Sandy is: A) res ipsa loquitur B) strict liability C) last clear chance D) comparative negligence. E) negligence per se.

Explanation / Answer

17) B is correct

If platiff's fault is only 5% goods recovery will be same in either pure or partial comparative negligence.

18) C is correct.

Its a battery tort as it involves intentionally bringing offensive contact with the person.

19) E is correct.

Professor of not liable for any tort because the comment is not extreme enough to recover for the tort.

20) A is correct

Res ipsa loquitur. This means that occurrence of certain accidents is enough to imply negligence.