Deck 8: Torts

Question 1

The shopkeeper's privilege gives store managers the absolute right to detain anyone they believe has shoplifted.

Answer 1

False

Question 2

The same action can have both civil and criminal liability.

Answer 2

True

Question 3

Customer reviews and complaints such as "the worst cruise experience of my life" are protected opinion.

Answer 3

True

Question 4

Assault is the intentional, wrongful touching of another person without that person's consent.

Question 5

U.S. Senator Jones enjoys an absolute privilege when she is speaking on the floor of the Senate.

Question 6

The tort of invasion of privacy requires the reasonable intrusion into one's private affairs.

Question 7

A crime is a wrong that arises from a violation of a private duty, whereas a tort is a wrong that arises from a violation of a public duty.

Question 8

Offensive language used by one person to describe another constitutes the tort of slander.

Question 9

Causing someone's character to be questioned is a wrong against the person and is the tort of defamation.

Question 10

The tort of intentional infliction of emotional distress requires proof of outrageous conduct and resulting emotional distress in the victim.

Question 11

For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong.

Question 12

The tort of false imprisonment requires the permanent detention of a person without their consent.

Question 13

Negligence is imposed because the activity involved is so dangerous that there must be full accountability, even if the activity is necessary and cannot be prohibited

Question 14

Libel is the printed equivalent of the spoken form of defamation known as slander.

Question 15

Interactive web sites are immune from liability for content created by a third-party user, unless the web site actively edits the content.

Question 16

Georgia is at a crowded carnival. As she's trying to get to the corn dog stand, someone in the crowd accidentally pushes and into another carnival-goer, causing that carnival-goer to get a black eye. Georgia is guilty of the tort of assault.

Question 17

Product disparagement is a form of defamation.

Question 18

If a crime does not hurt an identifiable person, it is not a tort.

Question 19

Commercial exploitation, also called right of publicity, is a form of invasion of privacy.

Question 20

A tort is an interference with someone's person or property.

Question 21

Plaintiffs are typically awarded punitive damages in negligence cases.

Question 22

Dan is a famous syndicated radio personality for BratRadio. He has a distinctive voice and manner of speaking. MoreTalk, BratRadio's competitor hires Gordon, who sounds nearly identical to Dan, to host a competing show. MoreTalk encourages Gordon to imitate Hugh as closely as possible while on the air. MoreTalk is most likely to be liable for:

A) Conversion
B) Defamation
C) Appropriation
D) Wrongful interference with a business relationship

Question 23

In numerous states, former employers are protected by a qualified privilege for factual comments made about former employees who are applying for jobs at other companies.

Question 24

There are several defenses available when the standard of strict liability is applied.

Question 25

A wrong that arises from a violation of a private duty is called a:

A) criminal action.
B) tort.
C) crime.
D) de mala.

Question 26

Concerning torts and crimes, choose the correct statement:

A) Every tort is a crime.
B) Every crime is a tort.
C) No crime is a tort.
D) A crime may also be a tort.

Question 27

In order to establish the tort of false imprisonment, a person must show imprisonment for:

A) any amount of time.
B) at least one minute.
C) at least ten minutes.
D) at least one hour.

Question 28

A business may lose the shopkeeper's privilege if:

A) the customer is kept an unreasonable amount of time.
B) the shopkeeper acted with reasonable suspicion.
C) the shopkeeper acted with necessary force.
D) the shopkeeper kept the customer over 1 hour.

Question 29

The use of someone's car without that person's permission is a trespass to personal property.

Question 30

Sal sent Max an e-mail message telling Max that his wife had been killed in a car accident, and Sal knew this was untrue. Max may be able to sue Sal for:

A) Intentional infliction of emotional distress
B) Libel
C) Violations of the First Amendment
D) Battery

Question 31

John owed Barney money. Barney called John's home several times per day for five weeks asking for repayment, with some of the calls coming after midnight. Barney might be liable for:

A) defamation.
B) wrongful interference with a contract.
C) intentional infliction of emotional distress.
D) trespass.

Question 32

Professionals have a duty to perform their functions at the same level as would a reasonable person.

Question 33

When contributory negligence is proven, damages awarded are reduced based on the plaintiff's degree of fault but the plaintiff can still recover some damages.

Question 34

Governments are generally immune from tort liability.

Question 35

People generally have a duty to act as a reasonably prudent person would in similar circumstances.

Question 36

The assumption of risk defense has been abolished in several states.

Question 37

A contractor would be liable for ________ if the demolition of a structure with dynamite caused damages to surrounding structures.

A) strict liability
B) contributory negligence
C) criminal wrongdoing
D) tortious interference

Question 38

The tort of invasion of privacy includes all of the following except:

A) intrusion into private affairs.
B) public disclosure of private facts.
C) misappropriation of another's name.
D) defamation of privacy.

Question 39

A trespass to personal property is any unpermitted entry below, on, across, or above the land of another.

Question 40

Torts arise from a violation of a ____ duty.

A) public
B) private
C) contractual
D) criminal

Question 41

The degree of care required of a person is:

A) that degree of care the person exercised in the situation at hand.
B) that degree of care an extraordinary person would exercise under similar circumstances.
C) that degree of care a reasonably prudent person would exercise under similar circumstances.
D) that degree of care professionals exercise in similar situations.

Question 42

Professionals have a duty to perform their jobs at the level of:

A) a reasonable person.
B) a reasonable professional in the same business.
C) an extraordinarily careful person.
D) an extraordinary person.

Question 43

What type of damages are recoverable when the defendant's tortious conduct is accompanied by fraud, malice, or willful or wanton conduct?

A) compensatory
B) consequential
C) nominal
D) punitive

Question 44

The concept of immunity from liability means that:

A) one who harms another can be held liable only for voluntary acts.
B) certain persons are not subject to tort liability.
C) one who harms another without intending to do so is not subject to tort liability.
D) one who harms a child can never be sued by the parents of the injured child.

Question 45

A local newspaper devotes its New Year's Day issue to people who have performed heroically during the past year. One of the people included in the article was Janet, a local actress. Eight months earlier, a fire started in the theater while she was in the middle of a performance. Rather than running out, she stayed to help frightened members of the audience get out of the theater. The New Year's article stated that Janet had been unable to find work as an actress because of burns to her hands and feet and that, as a result, she owes a great deal of money. Janet sued the newspaper for invasion of privacy. Based on what you have learned in this chapter, how should the case be decided?

Question 46

Philip Laws leased an apartment from Candice Sutton. Laws had notified Sutton on more than one occasion that the wooden steps to his apartment were decaying and in need of repair. Laws claimed that he had to leave the outside light on to avoid portions of the steps that no longer would bear his weight when he came in at night. Sutton promised to repair the steps while Laws was away on a business trip. Accordingly, Laws did not leave lights on during his absence. When he returned three nights later, Laws was injured when one of the steps broke under his weight as he was entering his apartment. Laws sued Sutton. Sutton replied that she should not bear liability for Laws' injury because Laws knew of the condition of the steps and had not taken the customary precaution of lighting the area. Based on what you have learned in this chapter, decide the case.

Question 47

Maria intentionally attempts to have Patty break a contract with Alfred. Maria will be liable under which theory of tort?

A) Libel
B) product disparagement
C) contract interference
D) intentional infliction of emotional distress

Question 48

Comparative negligence:

A) has been rejected by most of the states.
B) allows a comparison of negligence between plaintiff and defendant.
C) only applies when the plaintiff has signed a release.
D) is a bar to recovery under common law.

Question 49

Oral or spoken defamation is:

A) slander.
B) libel.
C) privilege.
D) perjury.

Question 50

Trespass to personal property requires:

A) the personal property to be connected to real property.
B) destroying the personal property.
C) the invasion of personal property regardless of whether the owner grants permission.
D) the invasion of personal property without the permission of the owner.

Question 51

Slander of title and trade libel are collectively known as product __________.

A) Divestiture
B) Disparagement
C) Dilution
D) Diversion

Question 52

Once the cause in fact is established, the plaintiff must establish ________, that is the harm by the injured person that was a foreseeable consequence of the defendant's negligent actions.

A) actual causation.
B) proximate causation.
C) but for causation.
D) the Palsgraf standard.

Question 53

John was driving his car in a careless way, failing to drive as a reasonably prudent person would under the driving conditions. Ramona was crossing the street in a careless way, failing to cross as a reasonably prudent person would. John struck and injured Ramona with the car John was driving. At trial, it was determined that John was 80 percent at fault and that Ramona was 20 percent at fault. The injuries sustained amounted to $100,000. Explain how much, if any, recovery Ramona would receive in a state that applies the contributory negligence rule. Do the same thing for a state that applies the comparative negligence rule.

Question 54

In a state that has the comparative negligence doctrine with a "50 percent" rule, a jury finds that Bill is 35% liable for his own injuries in a negligence suit he brought against Tina. In this situation, Bill will recover:

A) 65% of the damages he seeks from Tina
B) 50% of the damages he seeks from Tina
C) Nothing at all from Tina
D) 100% of the damages he seeks from Tina

Question 55

Bruce opens a used car lot but has difficulty competing with Humdinger Motors, a much larger used car lot down the street. In his newspaper ad, Bruce includes the false statement, "Humdinger sells cars with defective titles." Humdinger experiences an immediate decrease in sales. Bruce has most likely committed the tort of:

A) Malice
B) Contract interference
C) Disparagement
D) Defamation

Question 56

If the plaintiff has either engaged in or refrained from actions that are at least partially to blame for the injuries received, what negligence has occurred?

A) criminal
B) contributory
C) personal
D) prejudicial

Question 57

The widest range of tort liability arises in the area of:

A) negligence.
B) absolute liability.
C) violation of statute.
D) assumption of risk.

Question 58

An absolute privilege is available as a defense to slander liability when:

A) the statement is made to only a few people.
B) libel exists.
C) a witness testifies in a court proceeding.
D) no intent to harm is present.