Deck 7: Intentional Torts and Business Torts

Question 1

Jim told his manager, Lana, that a coworker, Diane, had been in prison for theft. Lana checked into the matter, and when she learned that Diane had served time in prison for theft, she fired her.

A)Jim is liable to Diane for defamation.
B)Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane's prison history.
C)Jim is liable to Diane for defamation only if she is a public figure.
D)Jim is not liable to Diane for defamation.

Answer 1

D

Question 2

Public officials can win a defamation case only by proving the defendant's actual malice.

Answer 2

True

Question 3

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

Answer 3

True

Question 4

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

Question 5

In awarding punitive damages, a court considers all of the following EXCEPT

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

Question 6

Adam decided to play a practical joke on Linda, a coworker. 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 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 7

Which of the following statements about torts is correct?

A)A tortious act is always a criminal act.
B)A criminal act is always a tortious act.
C)A tortious act may also be a criminal act.
D)A tortious act is the same as a contract dispute.

Question 8

The single recovery principle requires a court to settle a matter once and for all by awarding a lump sum for past and future expenses.

Question 9

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 will be able to detain the customer for suspicion of shoplifting.

Question 10

Soledad tells Marco that she believes he was cheating on a biology exam and calls him a "cheater" to his face. She did not tell anyone else about her suspicions. Marco did not, in fact, cheat on the exam. Has defamation occurred?

A)No, because no one else received the defamatory message besides Marco.
B)No, because Soledad did not put her accusation in writing.
C)Yes, because Soledad's accusation was false.
D)Yes, because Marco's feelings were hurt.

Question 11

Working out some frustrations after a bad game, Jessica angrily hits a baseball and then sees it is flying toward the umpire. She yells, "Watch out!" The umpire ducks and the ball misses him. Since there was no physical contact, no assault or battery occurred.

Question 12

Tipton Company makes a deal with Patton Company to purchase 100 canvas tarps. Patton's competitor, QC Industries, tells Tipton Company executives that Patton's goods are shoddy and Tipton cancels the contract with Patton. What will likely occur?

A)Patton will sue Tipton for defamation.
B)QC Industries will sue Patton for intentional infliction of emotional distress.
C)Patton will sue QC Industries for tortious interference with a contract.
D)Tipton will sue Patton for tortious interference with a prospective advantage.

Question 13

Shortly after Brian started to work at Trevit, Inc., a coworker, Ann, began asking him out. Brian said no. Nevertheless, Ann persisted. One day Ann playfully but intentionally touched Brian "below the belt." Which statement is correct?

A)Ann defamed Brian.
B)Ann committed the tort of trespass.
C)Ann committed the tort of slander.
D)Ann committed the tort of battery.

Question 14

Adam decided to play a practical joke on Linda, a coworker. 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. Which statement is correct?

A)Adam committed an assault but not a battery.
B)Adam committed a battery but not an assault.
C)Adam committed an assault and a battery.
D)Adam committed neither an assault nor a battery since he used a candy gun and was only playing a joke on Linda.

Question 15

There are four elements to a defamation case, and the plaintiff in any kind of lawsuit must prove one of the four elements to prevail.

Question 16

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 17

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

Question 18

The First Amendment guarantee of freedom of speech is an absolute right.

Question 19

Which of the following is the general goal of compensatory damages?

A)to find a way to help the defendant avoid jail time for his or her crime
B)to restore the plaintiff to the position he or she was in before the injury
C)to punish the defendant for extreme and outrageous behavior
D)to make the defendant suffer as much as the plaintiff suffered

Question 20

In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner.

Question 21

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

Question 22

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 23

Edith becomes ill at work, but her boss insists that she finish mopping the shop floor and cleaning the cabinets before she is allowed to leave. He physically prevents her from leaving the premises by watching over her until her work is finished. What tort has occurred?

A)trespass
B)conversion
C)battery
D)false imprisonment

Question 24

The elements in a defamation case are:

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

Question 25

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 26

The idea behind punitive damages is that

A)torts that occur in a commercial setting are far more serious than torts affecting private individuals.
B)certain behavior is so unacceptable that society must make an example of it.
C)the right to free speech is not absolute and must sometimes be restricted.
D)the defendant must be restored to the position he/she was in before the injury.

Question 27

The ruling in the landmark case of New York Times v. Sullivan  was that a public official can win a defamation case

A)without proving the defendant acted with reckless disregard of the truth.
B)only by proving the defendant's actual malice.
C)without proving the defendant knew his or her statement was false.
D)only by proving the defendant has a history of reckless behavior.

Question 28

Discuss the four elements that must be proven in order to win a defamation case.

Question 29

Written defamation is _____; oral defamation is _______.

A)fraud; conversion
B)conversion; fraud
C)slander; libel
D)libel; slander

Question 30

Which of the following statements is correct regarding the difference between tort and criminal law?

A)Tort and criminal law both impose a punishment for the defendant including prison and/or a fine.
B)Tort law is prosecuted by the government.
C)In criminal law, it is up to the injured party to seek compensation.
D)Criminal law is prosecuted by the government.