Deck 7: Intentional Torts

Question 1

The law of torts is primarily made up of statutory law.

Answer 1

False

Question 2

Moore, an employee of Lewpenski Motors, fraudulently tells Tolson, a prospective car buyer, that the used car he is considering has never been in an accident. If Tolson buys the car in reliance on Moore's false statement, both Moore and Lewpenski Motors are liable to Tolson for damages based on the fraudulent misrepresentation.

Answer 2

True

Question 3

Arthur offers Bob, an employee of Carl, a yearly salary of $10,000 more than Bob receives under the contractual relationship between Bob and Carl. Arthur knows about the contract between Bob and Carl and knows that the contract should run for another five years, but Arthur badly wants Bob to work for him. Arthur probably is liable to Carl for intentional interference with contractual relations.

Answer 3

True

Question 4

The same act can be both a tort and a crime.

Question 5

Al, a cross-country bus driver, kisses Susie, a passenger, while she sleeps. Al could be sued for battery.

Question 6

Damages awarded in excess of normal compensation in order to punish a defendant for a serious civil wrong are known as punitive damages.

Question 7

BB, Inc. fires an employee and then, when asked for a reference on him, negligently makes some untrue statements, which prevent him from finding a job. BB is liable for defamation.

Question 8

Under constitutional privilege, a public official or public figure must prove that the defendant published the defamatory and false comment with knowledge of the comment's falsity or in reckless disregard of the truth.

Question 9

All conversions are trespasses but not all trespasses are conversions.

Question 10

Tim and his friend are playing catch in the back yard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks the window. This is trespass to real property, even if Tim himself does not go onto the property to get the ball.

Question 11

In order to sue for battery, a plaintiff must prove that he or she has received a physical injury.

Question 12

Pamela, without authorization, eavesdrops on a conversation between Mark and Elise. Pamela has not committed the tort of intrusion unless she makes the conversation public.

Question 13

John and Megan are at a crowded theater. In the press of people exiting the theater, John accidentally steps on Megan's big toe and breaks it. Megan can sue John for the tort of battery.

Question 14

Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to business interests.

Question 15

Sam goes to the movies one Friday evening. The movie is boring and Sam falls asleep. At 2 a.m., the security guard locks the building. Sam awakens the next morning when the cleaning crew opens the door. Sam can sue for false imprisonment.

Question 16

Qualified privilege depends on proper use of the privilege.

Question 17

In only a minority of states a jury may award punitive damages if a defendant's tortious conduct is intentional and outrageous.

Question 18

The purpose of tort law is to punish the wrongdoer.

Question 19

Brad doesn't like Jordan and especially dislikes Jordan's new felt hat, so he intentionally knocks it off Jordan's head in order to embarrass Jordan. Brad has committed a battery.

Question 20

Minors under the age of 18 are not held liable for their intentional torts.

Question 21

Pointing an unloaded gun at someone who believes it is loaded and threatening to shoot constitutes an assault.

Question 22

Defenses of absolute, conditional, and constitutional privilege apply to defamation and also to publication of any matter that is an invasion of privacy.

Question 23

Infliction of emotional distress occurs when a person by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person.

Question 24

Intentional infliction of emotional distress will protect a person from rudeness if the conduct was intended to cause emotional distress.

Question 25

Invasion of privacy is in reality a collection of four distinct torts.

Question 26

In the Philip Morris USA v. Williams case, the Supreme Court stated that punitive damages may be properly imposed in certain cases but, because of constitutional limitations, cannot be grossly excessive.

Question 27

Punitive damages is a term referring to damages that will merely compensate victims for the harm they have suffered, but will cost defendants more money than they have.

Question 28

Malicious prosecution and wrongful civil proceedings impose liability for damages caused by improperly brought proceedings, including harm to reputation, credit, or standing; emotional distress; and expenses of defense.

Question 29

For purposes of intentional torts, a person can have the intent to cause harm if the harm is substantially certain to occur even if he or she doesn't desire that such harm occur.

Question 30

A letter sent to someone falsely accusing her of being a murderer constitutes the tort of defamation.

Question 31

In 1996 the ALI approved development of the Restatement Third, Torts: Liability for Physical and Emotional Harm, which applies mostly to nonintentional torts. As of 2011, neither of this Restatement's two volumes had yet been published in final form.

Question 32

For purposes of defamation, a publication includes non-written, verbal communication to third parties.

Question 33

Intent, as used in tort law, requires an evil motive.

Question 34

The law of torts reallocates losses caused by human misconduct.

Question 35

The law provides no protection from harm to a person's right of dignity.

Question 36

To help sell the product, a book publisher used a well-known commentator's name and her quote on the back book jacket of a new release without the commentator's knowledge or permission. No tort was involved since there was no injury to anyone.

Question 37

The tort of appropriation protects a person's exclusive right to exploit the value of her identity.

Question 38

A person cannot be guilty of trespass unless he or she intended to violate the other's rights.

Question 39

The tort of defamation is best defined as the unreasonable public disclosure of private facts.

Question 40

The cause of action of infliction of emotional distress protects a person from abusive language by a supervisor.

Question 41

All batteries are immediately preceded by an assault.

Question 42

Franco has the permission of George to walk across his yard on the way to school. Franco now brings twenty of his friends across the yard, and they stop to play ball. In this case:

A) Franco is not guilty of trespass to real property, because he had George's permission to cross the yard.
B) Franco's friends are not guilty of trespass to real property, because they were with Franco.
C) Franco is guilty of trespass to real property, because he walked across the yard.
D) Franco and his friends are guilty of trespass to real property, because they played ball in George's yard.

Question 43

A major difference between trespass to personal property and conversion is that the latter does not require intent to harm whereas trespass does.

Question 44

The tort of nuisance includes only the trespassory invasion of real property.

Question 45

Tort liability is civil liability that is voluntarily assumed.

Question 46

Tort law gives persons relief from civil wrongs or injuries to their person and property but not their economic interests.

Question 47

One of the principal objectives of tort law is to prevent future harms and losses.

Question 48

X knows that Y has offered to sell wheat to Z at a certain price per bushel. Hoping to get Z for a customer, X offers Z wheat at $.50 less a bushel than Y offered. X gets the contract. X is liable to Y for the tort of interference with contractual relations.

Question 49

If Smith works for Jones under an informal arrangement by which there is no contract stating dates for beginning or ending the relationship, Brown Co. could induce Smith to quit her job with Jones and come to work for Brown Co. without liability to Jones.

Question 50

Misuse of procedure can occur even when the plaintiff succeeds in the litigation.

Question 51

A privilege may result in immunity from tort liability.

Question 52

The tort of false light imposes liability if the matter in question is objectionable to a reasonable person, but is not necessarily defamatory.

Question 53

Which of the following can be raised as a defense to a claim of defamation?

A) That the Internet service provider was publishing information originating from a third party.
B) That there was a constitutional privilege to comment about the plaintiff who is a public figure and that the statement was made without malice.
C) That there was a conditional privilege to publish a defamatory statement in order to protect a legitimate self-interest.
D) All of these.

Question 54

Tim and Steve are roughhousing in Tim's parents' front yard when Steve intentionally pushes Tim onto the neighbor's property. The trespasser(s) is/are:

A) Tim.
B) Steve.
C) both Tim and Steve.
D) neither Tim nor Steve.

Question 55

The tort of __________ is a false communication, which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.

A) false light
B) intrusion
C) defamation
D) disparagement

Question 56

Perkins commits a battery against Connors. If the government brings a criminal action against Perkins, Connors cannot bring a civil tort action against Perkins for the same battery because this would constitute double jeopardy.

Question 57

The Hometown News snapped a picture of Tim as he was sleeping under a tree in the park on a warm spring day. If the paper printed the picture on the front page:

A) the Hometown News is guilty of intrusion.
B) the Hometown News is guilty of false light.
C) the Hometown News is guilty of appropriation.
D) it is unlikely that the Hometown News is guilty of any tort.

Question 58

A defamatory communication that is spoken or oral is designated as libel.

Question 59

In some instances the same facts will give rise to an action for both false light and defamation.

Question 60

Sheena knowingly and falsely tells Jenn that an automobile she is trying to sell has never been in a flood. In reliance upon Sheena's statement, Jenn buys the car. Sheena is liable to Jenn for fraudulent misrepresentation.

Question 61

Bodily contact that is harmful or offensive can give rise to the tort of:

A) assault.
B) battery.
C) defamation.
D) appropriation.

Question 62

Two absolute defenses to the tort of defamation are:

A) truth and self-defense.
B) truth and privilege.
C) privilege and self-defense.
D) truth and defense of property.

Question 63

Cameron doesn't like Bradley, so at a cocktail party he spread untrue rumors about Bradley's lifestyle. These rumors harm Bradley's reputation in the community.

A) Cameron is guilty of libel.
B) Cameron is guilty of slander.
C) Bradley does not have a defamation suit against Cameron.
D) Cameron is protected by the First Amendment to the Constitution.

Question 64

Which one of the following is NOT one of the torts included within invasion of privacy?

A) Nuisance.
B) Intrusion.
C) Appropriation.
D) False light.

Question 65

Arthur fired a gun in the middle of the desert. He intended to fire the gun, but had no reason to believe anyone else was in the area. The bullet hit Bob, who happened to be riding his ATV across the desert. In this case:

A) Arthur has committed the tort of assault.
B) Arthur has committed the tort of battery.
C) it is unlikely that Arthur has the necessary intent to commit a tort.
D) Arthur has committed the tort of intentional infliction of emotional distress.

Question 66

Most states have statutes protecting merchants from charges of false imprisonment when detaining suspected shoplifters as long as the merchant detains the suspect:

A) without physical discomfort.
B) with probable cause, in a reasonable manner, and for not more than a reasonable time.
C) for no more than 30 minutes.
D) in a way that will not cause embarrassment or physical injury to the suspect.

Question 67

Harms or injuries that are tortious may be inflicted:

A) intentionally.
B) negligently.
C) without fault.
D) In all of these ways.

Question 68

Julian threw a brick at Will, intending to hit him. If the brick instead hits Anna, Julian has:

A) committed a battery.
B) committed an assault.
C) no liability if he has not yet reached the age of majority.
D) not committed a tort because he did not have the intent to harm Anna.

Question 69

The intentional dispossession or unauthorized use of the personal property of another is known as:

A) conversion.
B) trespass to personal property.
C) fraud.
D) stealing.

Question 70

Invasion of privacy consists of:

A) appropriation.
B) intrusion.
C) public disclosure of private facts.
D) All of these are invasions of privacy.

Question 71

Arnold wrote a defamatory letter regarding Bill which he did not show to anyone, but which he posted on a bulletin board in the laundromat. Arnold has committed:

A) the tort of slander.
B) the tort of libel.
C) neither libel nor slander, because there has been no publication of the letter.
D) the tort of false light.

Question 72

Ashley wrote a defamatory letter regarding Brian which she mailed to Brian, but which she did not show to anyone else. Ashley has committed:

A) the tort of slander.
B) the tort of libel.
C) neither libel nor slander, because there has been no publication of the letter.
D) the tort of false light.

Question 73

In the Ferrell v. Mikula case, the Georgia Court of Appeals said that:

A) false imprisonment is the unlawful detention of the person of another for an unreasonable length of time.
B) the essential elements of an action for false imprisonment include detention, unlawfulness, and malice.
C) the elements of a cause of action for intentional infliction of emotional distress include either intentional or reckless conduct that is extreme and outrageous, a causal connection between the wrongful conduct and the emotional distress, and severe emotional distress.
D) to constitute the tort of intentional infliction of emotional distress, action must be intentional, not merely reckless.

Question 74

Carl threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office.

A) Carl cannot be liable to the secretary for any torts because he did not intend to hurt her.
B) If Carl knew the secretary was in the office, even if he didn't intend to injure her, his intent to harm the agent is transferred to the secretary who can sue Carl for her injuries with an intentional tort cause of action.
C) Carl has committed a crime, but he is not liable for any torts.
D) Carl has committed the tort of intrusion.

Question 75

With respect to the tort of conversion, which of the following statements is true?

A) Conversion is an intentional exercise of dominion over another's real property that so seriously interferes with the right of control as to justly require the payment of damages.
B) All conversions are nuisances.
C) All trespasses are conversions.
D) None of these.

Question 76

Anita included Bob's name and photograph in a list of the FBI's top ten criminals. Bob has never been convicted of any crime and is horrified by the thought of being considered a criminal. This:

A) is defamation.
B) is false light.
C) is nuisance.
D) could be either defamation or false light.

Question 77

Damages recoverable for the tort of disparagement may include:

A) monetary losses that indirectly result from the impairment of the marketability of the property disparaged.
B) expenses for the cost of notifying customers.
C) Both (a) and (b).
D) None of these.

Question 78

The tort of public disclosure of private facts requires:

A) publication.
B) private information about either an individual or a corporation.
C) a false statement.
D) that the matter made public would be offensive and objectionable to a reasonable person.

Question 79

Three torts comprise the misuse of legal procedure. They include:

A) malicious prosecution.
B) slanderous prosecution.
C) fraudulent misrepresentation.
D) All of these.

Question 80

Which of the following is not a principal objective of tort law?

A) To compensate persons who sustain harm or loss resulting from another's conduct.
B) To punish the person who committed the tort.
C) To place the cost of compensating victims only on those parties who should bear it.
D) To prevent future harms and losses.