Asked by Shayan Patel on Jul 21, 2024

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Which of the following is false with respect to the law of tort?

A) With assault and battery, a person can successfully sue without having to prove damages.
B) A negligent person causing physical injury to another is responsible to the full extent of the injury suffered even though the injured person suffered more than would reasonably be expected because of a special weakness.
C) A person may not succeed with the defence of self-defence if he used excessive force.
D) A customer battered by an employee on the job can sue only the employee, not the employer, because it was the employee who did the wrong.
E) For consent to be an effective legal defence to a claim of battery, the person consenting must have been given sufficient information to make a rational decision.

Self-Defence

The right to respond to an assault with as much force as is reasonable in the circumstances.

Assault And Battery

Legal terms where "assault" refers to the threat of bodily harm, while "battery" refers to the actual physical impact on another person.

Consent

Voluntary agreement or permission given by a person with full understanding of the matters involved.

  • Recognize the essential doctrines and classification frameworks in tort law.
  • Clarify the differentiation between torts of negligence and intention, including the legal standards they must meet.
  • Understand the importance of consent and risk assumption in the context of tort law.
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Shyanne PressleyJul 25, 2024
Final Answer :
D
Explanation :
Option D is false because under the principle of vicarious liability, an employer can be held responsible for the actions of an employee if those actions were carried out in the course of employment.