T or F ___5. In Price v. Purdue Pharma Co., precedent prohibiting a plaintiff pa

Question

T or F

___5. In Price v. Purdue Pharma Co., precedent prohibiting a plaintiff patient from recovering against defendant doctors, if the plaintiff patient’s own criminal acts contributed to the circumstances causing the injury, supported the court’s ruling granting summary judgment in favor of the defendant doctors. ___6. In Washington, the doctrine of contributory negligence means that if a plaintiff is found to be 40 percent negligent, any jury calculation and award of damages to plaintiff will be reduced by 40 percent. (Note: be sure to review the Torts lecture notes for this question—do not just rely on the online text or the online text’s links.) ___7. Depending upon the facts of the particular situation, trespass to chattels can occur either as a traditional tort or as a cybertort. ___8. Slander involves the written communication of a defamatory statement. ___9. Parties can agree by contract to submit to binding arbitration, and give up their rights to file a lawsuit against each other.

Explanation / Answer

5.   True

Several of the defendants in this case are doctors who treated Price for his sickle cell anemia and related pain by prescribing OxyContin to him. Price was simultaneously seeing several doctors, obtaining and filling several prescriptions, and using several pharmacies to acquire controlled substance pain medication. The defendants moved for summary judgment asserting that Price's claim against them could not stand because it arose from his own wrongdoing.

6. False

Let’s say the jury finds both the defendant and plaintiff negligent in the accident and assigns 30% negligence on the plaintiff and 70% percent negligence on the defendant.

If the jury also awards the plaintiff $10,000 in damages for personal injuries, then your recovery will be reduced by the percentage of negligence assigned to the plaintiff. So, if the plaintiff was assigned 30% negligence, then the plaintiff would only be entitled to recover $7,000 in damages.

7. false

Cybertorts means new form of civil wrongs that have appeared on the internet and are not identical with traditional torts. It is preferable to call them cybertorts because of their occurrence on internet.

8. False

Slander involves the oral "publication" of a defamatory remark that is heard by another, which injures the subject's reputation or character. Slander can occur through the use of a hand gesture or verbal communication that is not recorded. Libel, on the other hand, is the written "publication" of a defamatory remark.

9. false

An arbitration clause is a section of a contract that deals with the parties' rights and options in the event of a legal dispute over the contract. In most arbitration clauses, the parties agree not to sue each other, and instead will resolve their disputes through arbitration.

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