Torts - Mod 4 Resource Quiz
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Feb 20, 2024
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MODULE 4 – RESOURCE QUIZ
In Travelers Insurance Co. v. Smith, the court:
a) Determined that there was not substantial evidence to support the jury’s verdict that the defendants should have known that their actions would cause deep and severe emotional distress to the plaintiffs, and that they acted in reckless disregard of that fact.
b) Determined that there was substantial evidence to support the jury’s verdict that the defendants should have known that their actions would cause deep and severe emotional distress to the plaintiffs, and that they acted in reckless disregard of that fact.
c) Overturned the jury’s verdict.
d) Overturned the lower court’s decision.
Answer “b” is correct. Answers a, c, and d, do not accurately state the court’s opinion.
Question 2
A plaintiff may show the intent element of a claim of intentional infliction of emotional distress by proving the defendant engaged in
a) only intentional conduct.
b) only reckless conduct.
c) either intentional or reckless conduct.
d) only conduct the defendant knew was likely to cause emotional distress.
Answer “c” is correct. A plaintiff may show intent through either reckless or intentional conduct. Answer
a is incorrect because it allows for only intentional conduct. Answer b is incorrect because it allows for only reckless conduct. Answer d is incorrect because it only allows for conduct that the defendant knew would cause emotional distress which excludes the possibility of reckless conduct.
Question 3
The defendant’s conduct in GTE Southwest, Inc. v. Bruce did not involve which of the following?
a) A regular pattern of harassment, intimidation and humiliation.
b) Knowledge of plaintiff's vulnerability.
c) Abuse of power by someone in authority.
d) Severe abusive and threatening conduct.
Answer “b” is correct. Answers a, c, and d, all include conduct that was part of the case.
Question 4
Which of the following is an example of an exception to the presence requirement for third persons who
bring claims for Intentional Infliction of Emotional Distress?
a) The defendant’s conduct is intentional.
b) The third person is in a dependent, needy, and vulnerable condition.
c) The defendant’s conduct was both intentional and reckless.
d) A child is kidnapped and the parent brings a claim for Intentional Infliction of Emotional Distress against the kidnapper.
Answer “d” is correct. Answers a through c are all inaccurate and irrelevant to the presence requirement. Generally speaking, for a third person to bring a claim the person must be a close relative of the intended victim, be present at the scene of the conduct, and the defendant must know the plaintiff is present. There are some limited exceptions to the presence requirement and one of them is when a child is kidnapped.
Question 5
When is a plaintiff’s emotional distress considered severe emotional distress?
a) When the plaintiff testifies in court that it is severe.
b) When an expert testifies that the plaintiff’s distress is severe.
c) When no reasonable person could be expected to endure it.
d) Only when the plaintiff has physical manifestations.
Answer “c” is the correct answer. Answer a is incorrect because it is not the plaintiff’s subjective belief about the severity of their distress that matters. Rather, it is an objective standard that looks at what a reasonable person could endure. Similarly, answer b is incorrect. While expert testimony can play an important role in explaining the severity of the distress, the expert’s testimony or belief that the distress
is severe is not itself what determines if the distress meets the legal standard of being severe emotional distress. The legal standard is whether the evidence, which would include the expert’s testimony,
establishes that a reasonable person could not endure the distress. Answer d is incorrect because physical manifestations are not required.
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