Deck 5: Business Torts

Question 1

Defamation is a personal tort and so cannot occur when a false statement is made about a person's business or product.

Answer 1

False

Question 2

Fraud exists when a person represents as a fact something he or she knows (or should know) is untrue.

Answer 2

True

Question 3

The same act can result in both civil and criminal actions against the wrongdoer.

Answer 3

True

Question 4

Any act intended to make another person fearful of an immediate physical harm is an assault .

Question 5

Probable cause to believe someone has shoplifted is a defense to a charge of false imprisonment in some states.

Question 6

An intentional tort requires intent to commit the act that causes harm, but does not require the intent to cause the harm .

Question 7

Common types of trespass to land include placing part of one's building on an adjoining landowner's property .

Question 8

Business torts are wrongs committed by an individual or a company against an individual or a company related to business.

Question 9

A statement made with the intention of deceiving another is puffery .

Question 10

Tort law is intended to compensate society as a whole for a wrong committed against it by an individual.

Question 11

Threats of physical force that result in a person being afraid to leave can constitute false imprisonment.

Question 12

A person will not be liable for wrongful interference if the interference results from legitimate competitive behavior.

Question 13

The intentional touching of another that is harmful or offensive is a battery .

Question 14

A tort is the only type of wrong that exists in the law.

Question 15

Through tort law, the state prosecutes those who commit criminal acts.

Question 16

Through fines, imprisonment, and possibly death, the state punishes those who commit torts.

Question 17

To increase market share, a businessperson can use any tactics necessary to steal a competitor's customers.

Question 18

False imprisonment occurs when a person justifiably restrains another.

Question 19

An intentional tort does not require an evil or harmful motive.

Question 20

Defamation requires the communication of a false statement of fact.

Question 21

Lewis violates a Maryland state statute that defines and prohibits the crimes of assault and battery. Maryland prosecutes Lewis. A state court orders Lewis to pay a fine. This illustrates

A) a criminal prosecution.
B) a tort lawsuit.
C) interference with Lewis in a way not permitted by law.
D) none of the choices.

Question 22

If no harm results from a negligent action, there can be no suit for damages.

Question 23

Proximate cause exists if the injury would not have occurred "but for" the wrongful act.

Question 24

Failure to exercise the standard of care that a reasonable person would exercise with respect to another's business is trade libel .

Question 25

When someone suffers injury because of another's failure to live up to a required duty of care, negligence occurs.

Question 26

Businesses have a duty to exercise reasonable care to protect business invitees.

Question 27

Bob injures Carrie. If Carrie sues Bob through U.S. tort law , Bob may have to

A) pay for Carrie's injuries.
B) pay fines, and possibly go to jail.
C) suffer a similar injury from Carrie.
D) conduct public service campaigns to let others know that his actions were not acceptable.

Question 28

Foreseeability is the test for proximate cause.

Question 29

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, can still recover for negligence.

Question 30

Conversion is t he tort equivalent of theft crimes and a person can be responsible for both conversion and the tort crime .

Question 31

Strict liability is liability without fault.

Question 32

After a dinner at Rosario's Diner, Sharon believes that she was overcharged and shoves Tom, the waiter, who is injured when he falls. Tom sues Sharon, alleging that the shove was a battery. Sharon is liable if

A) Rosario's did not actually overcharge her.
B) she intended to shove Tom.
C) she acted out of anger.
D) Rosario's prices are too high.

Question 33

Publication of false information about another's property is not a tort.

Question 34

Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. If Nasir sues Ladd for battery, Ladd

A) likely is liable to Nasir because he meant to throw the rock.
B) likely is not liable to Nasir because he meant to throw the rock at Minh.
C) likely is not liable to Nasir because he did not intend to throw the rock.
D) likely is liable if the rock slipped.

Question 35

The standard of reasonable care for professionals with regard to working in their area of expertise is the same as that of ordinary persons.

Question 36

Mike pushes Nora, who falls and breaks her arm. Mike is liable for the injury

A) if he intended to push Nora.
B) only if he did not intend to break Nora's arm.
C) only if he had a bad motive for pushing Nora.
D) only if he intended to break Nora's arm.

Question 37

Making statements that make a reasonable person doubt another's legal ownership of property is not a tort.

Question 38

In most states, plaintiffs can recover for injuries even if they were partially at fault .

Question 39

Landlords who do not maintain common areas have violated a duty to protect their tenants.

Question 40

The elements of negligence include intent .

Question 41

Bess, an accountant, distributes a handbill to her business clients and potential customers accusing her competitor Clara of being a thief. The statement is defamatory if

A) a recipient of a handbill orally repeats it.
B) Clara suffers emotional distress.
C) the statement is true.
D) the statement is false.

Question 42

In a digital ad, Great Treks, a retail sports equipment store, falsely accuses its competitor Headwaters of selling stolen kayaks and other gear. Headwaters' sales decrease. Great Treks has most likely committed

A) conversion.
B) trespass to personal property.
C) slander of quality.
D) slander of title.

Question 43

Len, a MedCo Supplies salesperson, follows Nancy, a salesperson for National Health Products, a MedCo competitor, as she visits locations to make sales. After Nancy leaves, Len approaches and solicits each of her customers. Len is most likely liable for

A) conversion.
B) wrongful interference with a business relationship .
C) wrongful interference with a contractual relationship.
D) none of the choices.

Question 44

Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as

A) a blameless person.
B) a faultless person.
C) a holistic person.
D) a reasonable person.

Question 45

Larry takes Kyla's accounting textbook and hides it so that she cannot find it during the week before the exam. Larry most likely committed

A) disparagement of property.
B) interference with a business relationship.
C) trespass to land.
D) trespass to personal property.

Question 46

Ken tells Laurie that his Mazda Miata has never been in an accident, when Ken knows that the car has been in two major collisions. This may give rise to an action for fraud, because the statement is one of

A) puffery.
B) fact.
C) illusion.
D) opinion.

Question 47

Buddy's Burgers advertises so effectively that the regular customers of its competitor Slider Sandwiches patronize Buddy's instead of Slider. This is

A) conversion.
B) wrongful interference with a business relationship .
C) wrongful interference with a contractual relationship.
D) none of the choices.

Question 48

Bram knows that the pipes in his building leak, but he tells Cassie, a potential buyer, that there are no leaks. Based on this, Cassie buys the building. Bram likely committed

A) trade libel.
B) conversion.
C) fraud.
D) wrongful interference with a business relationship.

Question 49

Calvin, a clerk at Bike World, takes a bike from the store without the owner's permission. Calvin is liable for conversion

A) if he damages the bike.
B) if he does not have a good reason for taking the bike.
C) if he fails to prevent a theft of the bike from his possession.
D) under any circumstances.

Question 50

Egan is shopping at a local store when the store clerk detains him for suspected shoplifting. The clerk is busy and locks Egan in a room while the clerk finishes helping several customers. The clerk forgets about Egan until 3 hours later when the clerk calls the police. The store most likely

A) is not liable for false imprisonment.
B) is liable for false imprisonment.
C) is liable for battery.
D) is liable for assault.

Question 51

Biff trespasses on Cruise Auto's property. Through the use of reasonable force, Cruise's security guard Dan detains Biff until the police arrive. Cruise

A) is liable for assault.
B) is liable for defamation.
C) is liable for false imprisonment.
D) is not liable for any tort.

Question 52

Fred, a clerk at a Games Store, takes a video game player and a selection of games from the store without permission. Fred is liable for

A) slander of quality.
B) none of the choices.
C) conversion.
D) wrongful interference with a business relationship.

Question 53

The reliance that gives rise to liability for fraud requires

A) a threat of physical force.
B) a misrepresentation of fact knowing that it is false.
C) puffery.
D) a statement communicated to at least one person other than the plaintiff.

Question 54

Allen applies for a position with Builders Inc. Allen's previous employer, Construction Company, gives Builders a review of Allen that includes negative statements Construction knows are untrue. This is

A) defamation.
B) not defamation because Allen was actually employed by Construction.
C) not defamation because Builders has not yet refused to hire Allen.
D) not defamation because the review was not published.

Question 55

Noah commits an assault and battery against Odell, causing her injuries. Odell files a lawsuit against Noah. A state court orders Noah to pay Odell for her injuries. This illustrates

A) a criminal prosecution.
B) a tort case.
C) interference with Noah in a way not permitted by law.
D) none of the choices.

Question 56

In a tweet to Ann, a reporter for the website Blast!, Carl falsely accuses Database Corporation of cheating on its taxes. This is

A) defamation.
B) not defamation because it is an opinion.
C) not defamation because it refers to a crime, not a tort.
D) not defamation because it was communicated electronically.

Question 57

Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass if he

A) does not have Bella's permission to drive on the property.
B) drives onto the property for recreational purposes.
C) harms the property in a material way.
D) harms the property in any way.

Question 58

Quint sells cars for Rough Ride Motors. To make a sale, he asserts that a certain model of a Swifty auto is the "best one ever made." This is

A) fraud even if the statement is the truth.
B) fraud if Quint believes that the statement is not true.
C) fraud if Quint is stating his opinion, not the facts.
D) not fraud.

Question 59

Trespass to land is committed if Myron

A) walks across Lucy's land with her permission.
B) leaves his sprinklers on and causes water to flood Lucy's property.
C) flies in an airplane at 25,000 feet over Lucy's land.
D) puts up a neon sign that lights up Lucy's property.

Question 60

DIY, a retail hardware store, must use reasonable care on its premises to warn its invitees of

A) all possible dangers.
B) hidden dangers.
C) dangers about which the business does not, or should not, know.
D) no dangers.

Question 61

Jay's Mini-Golf Park fails to maintain its equipment and Kelly, a patron, is injured. Jay's likely has committed

A) assault.
B) battery.
C) false imprisonment.
D) negligence.

Question 62

Driving his motorcycle negligently, Jack crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Kris. But for Jack's negligence, Kris would not have died. Regarding the death, the crash is

A) the cause in fact.
B) the intervening cause.
C) the assumption of the risk.
D) the superseding cause.

Question 63

Ida slips and falls on the deck of Jet's Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the "50 percent" rule, if Ida is more than 50 percent at fault, she will recover

A) nothing.
B) half of the expenses.
C) the amount of the expenses attributable to Jet's fault.
D) the entire amount of the expenses.

Question 64

Casey is driving a car in which Deb is a passenger when an accident occurs. Casey and Deb are not injured. Casey is not liable to Deb on a negligence theory because

A) Casey was not injured.
B) Casey did not apparently intend to cause an accident.
C) Deb must have been comparatively negligent.
D) Deb was not injured.

Question 65

Richard, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Richard is sued by motorists and hikers injured in the collapse. As a professional engineer, Richard is held to the same standard of care as

A) ordinary persons.
B) other engineers.
C) other professionals, including doctors, dentists, and lawyers.
D) those injured in the collapse of the bridge.

Question 66

Shelly owns Reclaim & Restore (R&R), a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Penny, a spectator. Under the doctrine of strict liability, Shelly must pay for Penny's injury

A) only if the R&R crew failed to use reasonable care.
B) only if the R&R crew was greater than 50 percent at fault.
C) only if the R&R crew was entirely at fault.
D) without regard to the fault of the R&R crew.

Question 67

Clay, a driver for Delivery Company, causes a multi-vehicle accident on a city street. Clay and Delivery are liable to

A) all those who were injured.
B) only those who were uninsured.
C) only those whose injuries could have been reasonably foreseen.
D) only those whose vehicles were closest to Clay's vehicle.

Question 68

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery

A) even if Ichiro was only slightly at fault.
B) only if Ichiro and Heather were equally at fault.
C) only if Ichiro was less at fault than Heather.
D) only if Ichiro was more at fault than Heather.

Question 69

Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall col-lapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Express Delivery?

Question 70

Data Analytics, Inc., and eProducts Corporation market competing software products. Data Analytics launches an advertising campaign claiming that eProducts, instead of testing software before it is marketed, has customers "test" the software by using it. eProducts knows this is not true but begins to lose sales to Data Analytics. On what ground could eProducts sue Data Analytics for injury to eProducts' reputation?

Question 71

Dian enters a boat race on rough waters. If her boat crashes and she sues the organization that ran the race for negligence, their best defense would be

A) Dian assumed the risk of the boat crash when she chose to participate in the race.
B) there was no harm to Dian.
C) there was no proximate cause between the race and the crash.
D) there was no cause in fact.

Question 72

Excavation, Inc., uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because

A) Excavation is a corporation.
B) the activity is inherently negligent.
C) the activity is extremely risky.
D) the amount of liability can be added to the costs of construction.