Deck 6: Torts

Question 1

When the injured party had reason to know that there was the possibility of harm from defendant's negligence and decided to do an act anyway, the defendant can avoid liability by using the defense of contributory negligence.

Answer 1

False
Explanation: When the injured party had reason to know that there was the possibility of harm from defendant's negligence and decided to do an act anyway, the defendant can avoid liability by using the defense of voluntary assumption of the risk. The defense of contributory negligence is appropriate for a defendant to use when the plaintiff suing for negligence performed a negligent act him- or herself, in addition to the negligence of the tortfeasor.

Question 2

Intentionally making false statements about the quality or ownership of someone's goods is known as passing off.

Answer 2

False
Explanation: Intentionally making false statements about the quality or ownership of someone's goods is known as disparagement. If a seller sells products as one brand, when it is actually another, generally inferior, brand it is known as passing off.

Question 3

In palming off someone passes off their competitor's goods as their own so that buyers think they are buying one thing, when in fact, they are buying another.

Answer 3

True
Explanation: In palming off someone passes off their competitor's goods as their own so that buyers think they are buying one thing, when in fact, they are buying another. Usually what the purchaser buys is of inferior quality or at least not the brand or quality they thought they were purchasing.

Question 4

Making negative statements about an individual's property, animals or business is not actionable as defamation.

Question 5

Which of the following torts is most likely to be considered as an offense with strict liability?

A) The tortfeasor did not intend to do the act, and instead the act was the result of the tortfeasor's failure to meet a required standard of care to prevent an unreasonable risk of harm to others
B) The tortfeasor engaged in a normal activity which accidentally resulted in some harm
C) The tortfeasor engaged in activity that a statute classifies as one that is so dangerous that the tortfeasor must be responsible for virtually all the harm that arises as a result of engaging in the activity
D) The tortfeasor intended to do the act that resulted in the harm to the victim

Question 6

In order for a statement to be actionable under defamation, it must be untrue.

Question 7

In the case of battery, the touching may be accomplished by something used by the tortfeasor to accomplish the unpermitted touching.

Question 8

Intentional torts are civil wrongs which occur because the tortfeasor does an intentional act that results in harm to the victim.

Question 9

For a tort to be considered as an assault it must involve an intent to do harm.

Question 10

Vicarious liability is a liability imposed:

A) upon someone who did not actually commit the tort.
B) on the parties who enter into an optional contract.
C) upon a tortfeasor in the case of an intentional tort.
D) on the assignor of an assignment.

Question 11

If a tort is committed by an employee working for the business owner and the tort is committed within the scope of the employee's employment then it is the employer who generally pays for the tort. This is known as the _____ theory.

A) legal realism
B) utilitarianism
C) legal positivism
D) deep pockets

Question 12

Locking up someone's pet or other property is considered as false imprisonment.

Question 13

For a tort to be considered as assault, the victim should be deathly afraid.

Question 14

What are torts?

A) Quasi contracts
B) Violations of law that are civil in nature
C) Optional contracts
D) Violations of law that are criminal in nature

Question 15

One of the defenses to intentional torts is that the tortfeasor should prove that the victim gave consent to the activity.

Question 16

For a tort to be considered as defamation, the negative statement must be presented as opinion.

Question 17

The law imposes a general duty on each of us toward others.

Question 18

Proximate cause is a legal mechanism used to allow legal responsibility only for consequences of our actions if the consequences were foreseeable.

Question 19

Which of the following best represents civil wrongs which occur because the tortfeasor does an intentional act that results in harm to the victim?

A) Negligence
B) Intentional tort
C) Vicarious liability
D) Strict liability

Question 20

Vicarious liability is a liability imposed upon a tortfeasor in the case of an intentional tort.

Question 21

Which of the following types of intentional torts most likely involves intentionally putting another in fear or apprehension of an immediate unwanted or offensive bodily touching?

A) Assault
B) Defamation
C) Battery
D) False Imprisonment

Question 22

Which of the following statements is true regarding false imprisonment?

A) There should be some means that stops the victim from leaving the premise.
B) This tort requires the intent to harm, not the intent to do the act that results in the harm.
C) The space should be small.
D) Locking up someone's pet or other property is sufficient for this tort.

Question 23

Intentionally confining someone to a space from which there is no viable means of egress is _____.

A) assault
B) false imprisonment
C) defamation
D) battery

Question 24

Intentionally making untrue statements about an individual in the presence of another or communicated to a third party that has the effect of lessening the individual's reputation in the community is _____.

A) assault
B) false imprisonment
C) defamation
D) battery

Question 25

If a terminated employee stands outside the restaurant from which he was fired and falsely tells approaching customers that the restaurant uses horsemeat in its hamburgers rather than beef, the restaurant owner can successfully sue the ex-employee for:

A) intrusion upon seclusion.
B) assault.
C) disparagement.
D) battery.

Question 26

Intentional infliction of emotional distress is also known as _____.

A) outrageous conduct
B) assault
C) battery
D) defamation

Question 27

Two stories are printed on the same page in a news paper. One of them is about a recent drug pedaling incident and the other is an interview of Mr. Mellon, a renowned guitarist, which includes his photograph. The placement of the two articles and the photograph is such that anyone reading the news paper would feel that Mr. Mellon was involved in the drug pedaling incident. With reference to intrusion of privacy, this is most likely to be an example of:

A) appropriation of name or likeness
B) publication of private facts
C) intrusion upon seclusion
D) false light

Question 28

Wiretapping is most likely to be an example of _____.

A) publication of private facts
B) false light
C) appropriation of name or likeness
D) intrusion upon seclusion

Question 29

The intentional act of publishing something that puts another in an unfavorable or untruthful light, though it is true, is the tort _____.

A) appropriation of name or likeness
B) false light
C) intrusion upon seclusion
D) publication of private facts

Question 30

Which of the following statements best describes the tort appropriation of name or likeness?

A) Using someone's name or photo, usually in an advertisement, without his or her permission
B) Intentionally publishing something that puts another in an unfavorable or untruthful light, though it is true
C) Intentionally intruding into a space someone has a right to consider private
D) Widely disseminating information about someone which, though true, is highly private and need not be publicized

Question 31

According to the shopkeeper's rule, a shopkeeper can:

A) use assault against a suspected shoplifter.
B) file a case against a suspected shoplifter.
C) detain a suspected shoplifter.
D) use defamation against a suspected shoplifter.

Question 32

A store owner was owed money by a doctor for a long time and the doctor had not paid. The store owner put a sign in his store window saying that the doctor was a deadbeat. This is most likely to be an example of:

A) appropriation of name or likeness.
B) publication of private facts.
C) intrusion upon seclusion.
D) false light.

Question 33

With reference to defamation, which of the following statements best describes the 'publication' requirement?

A) The statement must be untrue.
B) The statement must be said in the presence of, or conveyed to, someone other than the person making the statement and the person the statement is about.
C) Making negative statements about an individual's property, animals or business is not actionable as defamation.
D) The statements must be presented as fact, not opinion.

Question 34

Which of the following types of torts, related to intrusion of privacy, involves the tortfeasor widely disseminating information about someone which, though true, is highly private and need not be publicized?

A) Appropriation of name or likeness
B) False light
C) Intrusion upon seclusion
D) Publication of private facts

Question 35

Which of the following statements best describes intrusion upon seclusion?

A) Using someone's name or photo, usually in an advertisement, without his or her permission
B) Intentionally publishing something that puts another in an unfavorable or untruthful light, though it is true
C) Intentionally intruding into a space someone has a right to consider private
D) Widely disseminating information about someone which, though true, is highly private and need not be publicized

Question 36

Which of the following is most likely to be an example of assault?

A) Making gestures as if to hit the victim's new car with a sledgehammer.
B) Ben threatens Ron, "I'll beat you up when you come to school tomorrow."
C) Anna points a gun at Vanessa.
D) Delko leaves a note in Keith's car, "I will burn your can if I see it here again."

Question 37

Which of the following is a requirement for a tort to be considered as defamation?

A) The negative statement must be presented as an opinion.
B) The negative statement should be true.
C) The negative statements can be about an individual's property, animals or business.
D) Defamation can be accomplished through either slander or libel.

Question 38

Which of the following is a type of tort included under intrusion of privacy?

A) Defamation
B) False light
C) Disparagement
D) Assault

Question 39

Which of the following statements is true regarding assault?

A) All threats are assault.
B) The act can be toward an animal or property.
C) The victim should be deathly afraid.
D) It must appear that the unwanted act is imminent.

Question 40

Which of the following types of intentional torts most likely involves the intentional, unpermitted, or offensive touching of the body of another?

A) Assault
B) Defamation
C) Battery
D) False Imprisonment

Question 41

Rita owns an art business called Rita's Art Works. Rita receives a commission to paint a mural on the side of a building downtown. Three of Rita's employees are painting the mural on the building when the scaffold they erected to do the project falls and injures a passerby. Later it was found that the passerby was drunk and accidentally stumbled into the scaffolding causing it to fall. If the passer by sues Rita for negligence, she can avoid liability by using the defense of:

A) self protection.
B) lack of intent to harm.
C) assumption of risk.
D) contributory negligence.

Question 42

Which of the following torts is often committed in conjunction with trademark infringement?

A) Assault
B) Defamation
C) Battery
D) Palming off

Question 43

In order for negligence liability to attach to the tortfeasor, plaintiffs must prove all of the following requirements EXCEPT:

A) damages.
B) actual and proximate cause.
C) breach of duty.
D) intent to harm.

Question 44

Which of the following statements is true regarding palming off?

A) Palming off involves intentionally making false statements about the quality or ownership of someone's goods.
B) Palming off is also known as injurious falsehood.
C) In the case of palming off, usually what the purchaser buys is of inferior quality or at least not the brand or quality they thought they were purchasing.
D) An individual can sue a person for palming off when the person intentionally interferes with either an existing or a prospective contract the individual has with another.

Question 45

_____ is also known as injurious falsehood.

A) Intrusion upon seclusion
B) Assault
C) Disparagement
D) Battery

Question 46

Which of the following statements is true regarding the warranty of merchantability?

A) A tortfeasor then he/she can use the warranty of merchantability as a defense against a product liability case.
B) It indicates that the goods will be of at least average quality for such goods.
C) It indicates that the goods will be fit for the particular purpose for which they are sold if the buyer tells the seller the purpose and the seller provides the goods in response.
D) It is an express warranty.

Question 47

If an employee leaves a business and takes information which he then uses for his own purposes, financial gain, or economic advantage, it is most likely to be an example of:

A) disparagement.
B) palming off.
C) assault.
D) theft of trade secrets.

Question 48

The _____ Act allows recovery for harm that arises if the goods do not perform as warranted.

A) Bayh-Dole
B) Stolen Valor
C) Lilly Ledbetter Fair Pay
D) Magnuson-Moss Warranty Act

Question 49

Which of the following best represents a legal mechanism used to allow legal responsibility only for consequences of our actions if the consequences were foreseeable?

A) Passing off
B) Outrageous conduct
C) Proximate cause
D) Injurious falsehood

Question 50

Which of the following is an example of an intentional tort against business?

A) Defamation
B) Battery
C) Assault
D) Passing off

Question 51

If a seller sells products as one brand, when it is actually another, generally inferior, brand it is known as _____.

A) disparagement
B) palming off
C) assault
D) theft of trade secrets

Question 52

Palming off is sometimes known as _____.

A) passing off
B) outrageous conduct
C) injurious falsehood
D) disparagement

Question 53

An Illinois man sues Kraft Foods Inc. claiming he found a rodent tooth in a package of Planters peanuts. This event is based on claims of _____.

A) palming off
B) defamation
C) negligence
D) false light

Question 54

Which of the following is one of the defenses to intentional tort?

A) The tort was committed in defense of self or others.
B) The plaintiff contributed to the injury by doing a negligent act him- or herself.
C) The tortfeasor did not have the intent to harm.
D) The tortfeasor was as careful as possible.

Question 55

What is a tort?

Question 56

When a tortfeasor fails to meet a standard of reasonable care appropriate for the circumstances and another is forseeably subjected to an unreasonable risk of harm and is injured as a result, the tortfeasor can be sued by the injured party for _____.

A) palming off
B) negligence
C) defamation
D) false light

Question 57

Which of the following is one of the defenses to negligence?

A) The tort was committed in defense of self or others.
B) The plaintiff contributed to the injury by doing a negligent act him- or herself.
C) The tortfeasor did not have the intent to harm.
D) The tortfeasor was as careful as possible.

Question 58

If both plaintiff and defendant are negligent, the _____ theory allots each of the parties his or her proportionate share of the negligence and deducts from the total plaintiff would have received, the value of plaintiff's negligence.

A) comparative negligence
B) risk assumption
C) risk contribution
D) equal allocation

Question 59

Strict liability is responsibility imposed on tortfeasors for:

A) engaging in assault.
B) contributing to an act of negligence.
C) engaging in activity deemed by statute to be dangerous until the tortfeasors must take responsibility for all harm that arises therefrom.
D) engaging in activity banned by statute.

Question 60

Which of the following intentional torts against business can be thought of as a sort of defamation against a business rather than an individual?

A) Disparagement
B) Palming off
C) Assault
D) Passing off

Question 61

Discuss briefly the four torts included under invasion of privacy.

Question 62

Discuss with example appropriation of name or likeness.

Question 63

What are the defenses to intentional torts?

Question 64

Explain battery.

Question 65

What are the defenses to negligence?

Question 66

What is product liability?

Question 67

Discuss vicarious liability.

Question 68

What are the four requirements that must be fulfilled to prove negligence?

Question 69

With reference to false imprisonment discuss the shopkeeper's rule.

Question 70

What is the difference between slander and libel?

Question 71

Discuss defamation in the context of news media.

Question 72

What is disparagement?

Question 73

Discuss assault.

Question 74

What are intentional torts?

Question 75

What are the three large categories of torts?