Deck 6: Torts

Question 1

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.

Answer 1

True

Question 2

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.

Answer 2

B

Question 3

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 tortuous interference with a contract.

Answer 3

False

Question 4

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

Question 5

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

A)How the obligation is enforced.
B)How the obligation is created.
C)Monetary damages cannot be awarded.
D)All of the answers are correct.

Question 6

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

Question 7

Robert was a witness in a lawsuit.When asked why he fired Eva,Robert replied,"she was fired for stealing money from my office." Indeed,Eva had not stolen any money.Eva will be able to successfully sue Robert for defamation based on what he said in court.

Question 8

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 9

A salesclerk at Manny's Record Store observed a customer look at a classic heavy metal LP from the 1970s and discretely put it in her backpack.Manny's can detain the customer for suspicion of shoplifting without being held liable for false imprisonment.

Question 10

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

Question 11

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 12

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 13

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

Question 14

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 15

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

Question 16

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 17

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 18

An Internet service provider may not be held liable for defamation based on a posting on its bulletin board.

Question 19

Written defamation is called "libel."

Question 20

Rick sold an air conditioner to Vivian,telling her it would easily cool a 400-square-foot room,even though he knew its effective cooling capacity was about 200 square feet.Rick is liable for the intentional tort of fraud.

Question 21

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 22

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 23

David,a salesclerk at Chic Apparel Store observed Jennifer,a customer,remove a scarf from a rack and put it in her purse.In most states,Chic:

A)cannot detain Jennifer but can alert the police.
B)can reasonably detain Jennifer for suspicion of shoplifting.
C)cannot detain Jennifer but once she 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 24

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 25

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 26

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 27

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

A)was liable for libel.
B)had interfered with a prospective advantage.
C)had defamed its company's reputation with malicious and misleading advertising.
D)had interfered with a contractual relationship.

Question 28

Eduardo's Pizzas,Inc.hired Bill to make home deliveries.During one delivery,bill found Martina home alone and attacked her.May Eduardo be held liable?

A)Yes, for negligent hiring provided it failed to check Bill's references and criminal records and to contact his former employers to see if there had been any past problems with his behavior.
B)Yes, but only if Bill had demonstrated threatening behavior since Eduardo hired him.
C)No, as employers may not be held liable for their employees' criminal conduct.
D)Yes, for strict liability to any harm its employees cause while acting in the scope of their employment.

Question 29

MaryLou,Inc.entered into a one-year,$1 million contract with Katy,a TV celebrity,to promote MaryLou's beauty products.Alberto Bergamino Co.,a competitor of MaryLou,was interested in having Katy promote its products and knew of her contract with MaryLou.Bergamino offered Katy a three-year,$5 million contract.She left MaryLou and signed with Bergamino.Which statement is correct?

A)MaryLou is liable for tortuous interference with a contract.
B)Katy is liable for tortuous interference with a contract.
C)Alberto Bergamino is liable for tortuous interference with a contract.
D)Both Alberto Bergamino and Katy are liable for tortuous interference with a prospective advantage

Question 30

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 31

Becky,a three-year-old child,was seriously injured when she stuck her fingers into an electrical outlet.Her parents sued the restaurant where the incident occurred,claiming it should have had child protective guards on the outlets.Which of the following statements is true:

A)the restaurant is liable based on the doctrine of strict liability.
B)the restaurant is liable based on the doctrine of res ipsa loquitur.
C)the restaurant is liable if the incident was reasonably foreseeable.
D)the restaurant is not liable as the child should have been under her parents' supervision at all times.

Question 32

Linda won a lawsuit against Wilson for intentionally inflicting emotional distress.The jury awarded Linda $500,000 in compensatory damages.It also awarded her $5.7 million in punitive damages because Wilson was quite wealthy and the jury thought a large amount was necessary for him to feel the punishing effects of the judgment.Would Wilson have a valid claim to have the jury's award reversed?

A)Yes, because the punitive award is excessive as it exceeds the Supreme Court's suggested ratio of compensatory damages to punitive damages.
B)Yes, because the punitive award is excessive as 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)No, because the Supreme Court has stated that a punitive damage award cannot be reviewed as they are decided by the jury.
D)Yes, because punitive damages cannot be awarded in an intentional tort case.

Question 33

In the Exxon Valdez case,the Supreme Court:

A)refused to place a limit on punitive awards.
B)stated that punitive damages cannot be awarded in oil spill cases.
C)approved the jury's compensatory award, but reduced the punitive award from $5 billion to $507 million.
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 34

Tropical Nectars,Inc.wanted Steve,a famous comedian,to endorse its products.Steve,however,was not interested.Tropical Nectars was not deterred and hired a Steve impersonator for its radio commercials.Tropical Nectars has:

A)intruded into Steve's privacy.
B)defamed Steve.
C)interfered with a business relationship.
D)engaged in conduct that raises the issue of commercial exploitation.

Question 35

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 36

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

Question 38

Luke decided to play a practical joke on Laura,a co-worker.He called her pretending he was working for Northside Hospital.He told her that her husband was severely bitten by a raccoon.Laura was very worried and began to cry.When she asked if her husband could have been infected with rabies,Luke burst out laughing.She recognized his voice and didn't think it was funny.Can Laura sue Luke for the tort of intentional infliction of emotional distress?

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

Question 39

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 40

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 41

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

Question 42

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 43

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

Question 44

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?

Question 45

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.