Deck 6: Torts

Question 1

In order for a plaintiff to prevail in a suit for slander,the plaintiff generally must prove some injury.

Answer 1

True

Question 2

An Internet service provider may be successfully sued for defamation based on a posting on its bulletin board.

Answer 2

False

Question 3

Kenneth was exposed to radiation on his job in an environmental cleanup.In a lawsuit against his employer,the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time.

Answer 3

True

Question 4

Res ipsa loquitur shifts the burden of proof from the defendant to the plaintiff to prove factual cause and foreseeable type of harm in order to establish negligence.

Question 5

Dewayne sold a space heater to Vivian,telling her it would heat a 200-square-foot area,even though he knew it would effectively heat only about one third of that space.Dewayne is liable for the intentional tort of fraud.

Question 6

Lori works for Big Corporation as an "at will" employee.Richard,owner of a small store,offers to pay Lori much more money if she will leave Big Corp and work for his store.When Lori starts to work for Richard,Big Corp correctly claims Richard is liable for tortious interference with a contract.

Question 7

If Gloria threw a rock which hit Merle,she is liable for an intentional tort of battery only if she intended to injure or harm Merle.

Question 8

A sports fan,injured by a hockey puck that flew into the stands during an NHL game,would be subject to the defense of assumption of the risk if she files suit to recover for her injuries.

Question 9

Which of the following is a valid defense to a defamation claim?

A) The statement was true.
B) The statement was only an opinion.
C) The person making the statement made it only to the plaintiff, not to any third parties.
D) All of the above.

Question 10

A tort action differs from a contract action in which of the following ways?

A) How the obligation is created.
B) How the obligation is enforced.
C) The usual result for a successful plaintiff.
D) All of the answers are correct.

Question 11

Ahmi was a witness in a lawsuit.When asked why he fired Rana,Ahmi replied,"Rana was fired for willful misconduct." Indeed,Rana had not engaged in any misconduct.Rana will be able to successfully sue Ahmi for defamation based on what Ahmi said in court.

Question 12

A tort is a violation of a duty imposed by the criminal law.

Question 13

Krista,the Director of Sales at Trein,Inc.,had supervised Rex's work for eight years.Rex applied for a job at E-presto,Inc.E-presto called Krista for a recommendation.In giving the recommendation,Krista will be protected from a claim of defamation by a qualified privilege provided she acts in good faith.

Question 14

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

Question 15

In a tort case:

A) it is up to the injured party to seek compensation.
B) the plaintiff has the power to send the defendant to jail.
C) the basis of the suit is the agreement between the parties.
D) All of the above.

Question 16

A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse.In most states,Braybon's cannot detain the customer for more than ten minutes for suspicion of shoplifting.

Question 17

Written defamation is called "libel."

Question 18

The elements in a defamation case are:

A) defamatory statement; falseness; communication; and injury.
B) a contract; knowledge of the contract; improper inducement; injury.
C) false or misleading fact statements; statements in commercial advertising; and likelihood of harm.
D) duty; breach of duty; proximate causation; and damages.

Question 19

Opinion is generally a valid defense in a defamation lawsuit because it cannot be proven to be true or false.

Question 20

A national magazine published an article about a famous television star.The television personality is upset because the information contained in the story is not correct.If the actress sues the magazine,she will need to show that:

A) the magazine has a history of being "reckless" with facts on a regular basis.
B) the magazine either knew the story was false or acted with reckless disregard of the facts.
C) the magazine failed to attempt to verify the story by trying to contact her or her agent before the story was printed.
D) the magazine could have discovered that the story was false but failed to do so.

Question 21

The Communications Decency Act:

A) holds Internet service providers responsible for the content of third-party postings.
B) creates an immunity for Internet service providers from defamation suits based on third-party postings.
C) holds those who post messages responsible for the decency of the content, but does not deal with the responsibility of Internet service providers who provide the forum.
D) has not yet been interpreted by the courts in relation to online defamation.

Question 22

A salesclerk at Sparkle Jewelry Store observed a customer remove a ring from a display case and put it in his pocket.In most states,Sparkle:

A) can reasonably detain the customer for suspicion of shoplifting.
B) cannot detain the customer but can alert the police.
C) cannot detain the customer but once the customer leaves the store, the salesclerk can make a citizen's arrest.
D) cannot detain the customer or the store will be liable for false imprisonment.

Question 23

Adam decided to play a practical joke on Linda,a co-worker.As Linda was leaving the office one night,Adam,wearing a mask,stepped out from behind some bushes.He pointed a handgun made out of licorice at her and demanded her purse.He then pushed the candy gun to her head and told her if she told anybody he'd kill her.Linda was very scared during the whole incident.She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back.Did Adam commit the tort of intentional infliction of emotional distress?

A) Yes, as his extreme and outrageous conduct was intentional.
B) Yes, but only if Adam intended to cause Linda serious emotional distress.
C) No, since he was only playing a practical joke.
D) No, since Linda was not physically hurt by Adam.

Question 24

In awarding punitive damages,a court must consider:

A) the reprehensibility of the defendant's conduct.
B) the ratio between the harm suffered and the award.
C) the difference between the punitive award and any civil penalties used in similar cases.
D) All of the above.

Question 25

Trein,Inc.entered into a one-year,$1 million contract with Mia,a sports celebrity,to promote Trein's products.E-presto Inc.,a competitor of Trein,was interested in having Mia promote its products and knew of her contract with Trein.E-presto offered Mia a three-year,$5 million contract.Mia left Trein and signed with E-presto.Which statement is correct?

A) Trein is liable for tortious interference with a contract.
B) Mia is liable for tortious interference with a contract.
C) E-presto is liable for tortious interference with a contract.
D) Both Mia and E-presto are liable for tortious interference with a contract.

Question 26

In a negligence case,the plaintiff must establish:

A) duty, strict liability, causation, and injury.
B) mens rea, breach, foreseeable harm, and injury.
C) duty, actus reus, foreseeable harm, and causation.
D) duty of due care, breach, causation, foreseeable harm, and injury.

Question 27

Jerry believes his co-worker,Ben,is using illegal drugs.Since both he and Ben are nurses,Jerry is concerned Ben's drug usage could result in injury to a patient.He tells his supervisor,Cyndi.Cyndi talks with Jerry about the alleged drug usage and Ben produces a bottle of prescription medicine he is required to take for high blood pressure.The medication does not affect his ability to do his work.When Ben learns it was Jerry who reported him,Ben claims that Jerry committed an act of defamation when Jerry told Cyndi he used illegal drugs.Is Ben right?

A) Yes. Jerry committed slander.
B) Yes. Jerry committed libel.
C) No. Ben is, in fact, using drugs.
D) No. Jerry is protected by the qualified privilege defense.

Question 28

Don was standing in a cafeteria line holding a plate.Tim was upset with Don.Tim turned Don around and grabbed the plate out of Don's hand.Tim then held the plate up and threatened to break it over Don's head.Tim has committed:

A) a battery, but not an assault.
B) an assault, but not a battery.
C) both an assault and a battery.
D) neither an assault nor a battery.

Question 29

A business will incur strict liability for damages resulting from:

A) using harmful chemicals.
B) operating explosives.
C) bringing dangerous substances onto property.
D) a defective product manufactured or sold by the business.
E) All of the above.

Question 30

In the Exxon Valdez case,the Supreme Court:

A) refused to place a limit on punitive awards.
B) approved the jury's compensatory award, but reduced the punitive award from $5 billion to $507 million.
C) made a precedent-setting decision that will limit the ratio of punitive to compensatory damages in all types of cases to 9:1.
D) interpreted a state statute limiting punitive awards and found punitive damages should be no more than three times the award for compensatory damages.

Question 31

Laura,a brain surgeon,committed a negligent act when she ran a red light and injured Randy,a pedestrian crossing the street.Randy was a mentally impaired adult.

A) Laura will be held to a higher standard of conduct than Randy given her superior intelligence.
B) Both Laura's and Randy's conduct will be based on the "reasonable person" standard.
C) The "reasonable person" standard does not apply to Randy since he is mentally impaired.
D) The "reasonable person" standard does not apply to Laura nor Randy given their respective degrees of extreme intelligence (one high and one low).

Question 32

In the case of Texaco v.Pennzoil,the plaintiff,Pennzoil,claimed that Texaco had:

A) interfered with a contractual relationship.
B) interfered with a prospective advantage.
C) defamed its company's reputation with malicious and misleading advertising.
D) violated the Sherman Antitrust Act.

Question 33

The legal theory of contributory negligence:

A) is in effect in the majority of states throughout the nation.
B) means that, even assuming the defendant is negligent, if the plaintiff is even slightly negligent, the plaintiff recovers nothing.
C) allows the negligent plaintiff to recover if he was responsible for less than 50 percent of his injury.
D) has been criticized as rewarding a plaintiff for being careless.

Question 34

Barnoff,Inc.hired Jess to make home deliveries of its furniture.During one delivery,Jess found Martina home alone and attacked her.Barnoff may be held liable:

A) for negligent hiring if it failed to check Jess's references and criminal records and to contact his former employers to see if there had been any past problems with his behavior.
B) only if Jess had demonstrated threatening behavior since Barnoff hired him.
C) for strict liability to any harm its employees cause while acting in the scope of their employment.
D) for assumption of the risk of injury to its customers by its employees.

Question 35

Tommie,a six-year-old child,was seriously injured when he stuck a fork into an electrical outlet.His parents sued the restaurant where the incident occurred,claiming it should have had child protective guards on the outlets.Whether the restaurant is liable will be dependent upon whether:

A) the incident was reasonably foreseeable.
B) the doctrine of res ipsa loquitur applies.
C) this is negligence per se.
D) this is an ultrahazardous activity.

Question 36

E-trex,Inc.wanted Shaquille O'Neal,a professional basketball player,to endorse its products.O'Neal,however,was not interested.E-trex was not deterred and hired a person who looked and sounded like O'Neal for its commercials.E-trex has:

A) defamed O'Neal.
B) interfered with a contract.
C) interfered with a prospective advantage.
D) engaged in conduct that raises the issue of commercial exploitation.

Question 37

Runyon was ready to sign a two-year agreement with Barnett Corp.to become Barnett's sales representative for a three-state area.LaPrise,who wants to be the representative for that area,threatens Runyon with bodily harm if he takes the position.Runyon decides his physical well being is more important to him than the job,so he does not accept the position.LaPrise:

A) committed tortious interference with a contract.
B) committed tortious interference with a prospective advantage.
C) committed a battery.
D) caused a breach of contract and committed the tort of intrusion.

Question 38

In most states,dram shop acts apply to:

A) liquor stores, bars, and restaurants but not to social hosts.
B) liquor stores, bars, restaurants and to social hosts.
C) social hosts, liquor stores, and bars.
D) None of the above.

Question 39

Howson won a lawsuit against Hardwick for intentionally inflicting emotional distress.The jury awarded Howson $500,000 in compensatory damages.It also awarded Howson $4 million in punitive damages because Hardwick was quite wealthy and the jury thought a large amount was necessary for Hardwick to feel the punishing effects of the judgment.How does the jury's award fit into the guidelines offered by the U.S.Supreme Court?

A) The punitive award is excessive because it exceeds the Supreme Court's suggested ratio of compensatory damages to punitive damages.
B) The punitive award is excessive because the Supreme Court has stated that the trial court may not use the defendant's wealth as an excuse to award an unreasonably high award.
C) The punitive award is excessive both because of the ratio of compensatory damages to punitive damages and because the punitive damage award was based partly on the defendant's wealth.
D) The jury award is not excessive based on the Supreme Court's guidelines.

Question 40

Arturo drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign.Arturo sued Vincent.The jury found that Arturo's fault contributed 20 percent to the collision and determined that his total loss was $100,000.Under comparative negligence,the jury should award Arturo:

A) $20,000.
B) $80,000.
C) $100,000.
D) nothing.

Question 41

As assistant manager of a discount department store,you have been asked to review the store's policy concerning shoplifters.(a)Discuss the legal standard used in most states governing the detention of suspected shoplifters.(b)In reviewing the store's policy,discuss some of the items that you will consider.

Question 42

Wilma's arm is broken when Paula knocks her down during an argument.If Wilma sues Paula for battery,what damages will Wilma be likely to receive?

Question 43

A contractor used dynamite to loosen a rocky hillside.The blast from the dynamite caused a house foundation to crack.The house was located over a half-mile away from the dynamite site.The contractor was careful when using the dynamite and no allegation of negligence is made.However,the house owner claims the contractor is liable for damage to the foundation.Is the house owner correct? Explain.

Question 44

Identify and discuss two specific causes of action a plaintiff can allege that deal specifically with privacy rights.

Question 45

Mavrex,Inc.received an application from Larry and,since his written qualifications seemed to meet a pressing current need,they hired him without checking his references or prior records.Actually,Larry had been in prison for murder several years earlier.Tom,a long-time Mavrex employee,angered Larry when Tom tried to tell Larry how to do his job.Larry attacked and injured Tom.If Tom sues Mavrex,what would his cause of action be,and what elements would Tom need to prove to win his case?