TORTS AND COMPENSATION. DOBBS AND HAYDEN 7TH EDITION chapter 19 sections 2&3.

Which one of the following is the best statement of the traditional rule for emotional harm as parasitic damages?

A A plaintiff may recover in a stand alone claim for negligent infliction of emotional distress even if there are no other damages suffered. B If defendant negligently causes physical injury to plaintiff, the plaintiff can recover damages for pain, suffering, and emotional harm. C If plaintiff recovers in a claim for negligent infliction of emotional distress, the plaintiff may also recover damages for pain, suffering, and emotional harm. D Negligent infliction of emotional distress is not recognized as an independent tort.

 

 

Which one of the following statements best describes the “impact rule” as it applies to negligent infliction of emotional distress?

A It does not require that defendant suffer a physical contact by the defendant’s negligence to recover for emotional distress. B It requires that the victim to suffer physical contact by the defendant’s negligence and that contact must cause plaintiff to suffer some physical injury. C It requires the victim to suffer physical contact by the defendant’s negligence to recover for emotional distress. D It requires the victim to suffer physical injury by the defendant’s negligence to recover for emotional distress.

 

 

Which one of the following statements best describes the “risk of impact—zone of danger” rule as it applies to negligent infliction of emotional distress?
A It allows the plaintiff to recover for mental distress caused by near misses. B It does not require physical manifestations of the mental distress. C It requires severe physical manifestations of the mental distress. D It requires the victim to suffer physical contact by the defendant’s negligence to recover for emotional distress

 

The rule that general notions of foreseeability should govern whether a duty to avoid negligently inflicted emotional distress is owed to a bystander plaintiff
A requires the bystander to be within the zone of danger. B requires the bystander to fear for her own safety. C requires the bystander to be a close family member. D is a minority rule.

 

When one spouse is injured in a way that tends to diminish the ability of the other spouse to take pleasure in each other’s company and that other spouse seeks recovery, the best chance for recovery is a claim for
A intentional infliction of emotional distress. B negligent infliction of emotional distress. C loss of consortium. D wrongful death.

 

When a plaintiff suffers emotional distress caused by negligent damage to personal property, she will succeed in obtaining recover by stating a claim for
A intentional infliction of emotional distress. B negligent infliction of emotional distress. C loss of consortium. D none of the above.

 

 

According to the Potter v. Firestone Tire & Rubber Co. case, a plaintiff can collect damages for fear of developing cancer in the future
A if the harm is more likely than not to occur. B only if defendant acts with oppression, malice, fraud, or in the willful disregard for others rights. C only if the plaintiff can prove a present injury. D only if plaintiff can show some present physical impact.