Deck 9: Business Torts

Question 1

The media have a qualified privilege in defamation cases.

Answer 1

True

Question 2

Some damages other than emotional damages must be established for the tort of intentional infliction of emotional distress.

Answer 2

False

Question 3

Public figures must prove malice to establish a case of defamation against a newspaper.

Answer 3

True

Question 4

The tort of false imprisonment requires proof of some actual injury.

Question 5

In most states, letters of reference are exempt from liability for defamation.

Question 6

A false statement that impeaches someone's honesty is defamatory.

Question 7

Testimony in a court room is not privileged for purposes of defamation actions.

Question 8

Contract interference is remedied by a suit for breach of contract.

Question 9

Qualified privilege statutes protect those with a moral obligation to speak.

Question 10

The shopkeeper's privilege is a defense to false imprisonment if the detention is reasonable.

Question 11

Newspapers have an absolute privilege with respect to defamation suits.

Question 12

Malice is a required element in all defamation cases.

Question 13

It is possible that those who write letters of recommendation could have liability for the content of those letters.

Question 14

Slander is oral defamation.

Question 15

A tort is a private wrong carrying criminal penalties.

Question 16

The tort of contract interference requires knowledge of an existing contract between two parties.

Question 17

Members of Congress enjoy an absolute privilege for their speech while on the floor.

Question 18

"Car dealers are crooked" is an example of actionable defamation.

Question 19

Only libel requires proof of publication.

Question 20

Non-public figures need not prove publication in their suits for defamation.

Question 21

A breach of duty can still be established for negligence cases even when the defendant has complied with the law.

Question 22

The use of someone's photo for commercial purposes without their permission is appropriation.

Question 23

Negligence is available as a tort remedy only when the breach of duty is a statutory violation.

Question 24

The use of someone's photo for commercial purposes without their permission is invasion of privacy.

Question 25

A newspaper running a picture of Julia Roberts' twins has invaded her privacy.

Question 26

Driving with brakes in need of replacement is not a breach of duty.

Question 27

To establish the tort of false imprisonment, there must have been some physical harm.

Question 28

The purpose of causation is to tie the breach of duty to the resulting injury.

Question 29

Invasion of privacy is a tort of negligence.

Question 30

Running a red light is a breach of duty for negligence purposes.

Question 31

All states provide some form of immunity for people who stop and help but make mistakes in offering their assistance.

Question 32

The use of someone's voice for commercial purposes without their permission is appropriation.

Question 33

Speeding is a breach of duty for negligence purposes.

Question 34

Proximate cause is the same thing as causation.

Question 35

The disclosure of private but true facts is not an invasion of privacy.

Question 36

The failure to follow industry code is a breach of duty.

Question 37

A newspaper photographer entering a delivery room and taking a picture of Julia Roberts delivering her twins has invaded her privacy.

Question 38

For public figures the media has a qualified privilege.

Question 39

Asking buyers to break their existing contracts with other suppliers is tortious interference.

Question 40

There are three invasion of privacy torts.

Question 41

The Palsgraf case expanded the notion of causation.

Question 42

Businesses are never liable for criminal activity on their premises.

Question 43

"Negligence in the air" is the standard of liability the Palsgraf case established.

Question 44

The duty of a reasonable person extends beyond statutory duties.

Question 45

To establish assumption of risk, the defendant must show that the plaintiff was aware of the risk and accepted it voluntarily.

Question 46

Writing a glowing letter of recommendation for someone in your organization who was accused of misconduct without mention of the charges can result in liability.

Question 47

The "bystander effect" is an exception to contributory negligence liability.

Question 48

When skiing, those participating assume the risk of poorly marked trails.

Question 49

Employer privilege statutes are those that provide employers with defenses to defamation suits when they have shared information on former employees with prospective employers.

Question 50

Assumption of risk is a complete defense to negligence.

Question 51

Comparative negligence and contributory negligence are the same thing.

Question 52

Employer privilege statutes apply even when there is intentional misrepresentation.

Question 53

Comparative negligence reduces the plaintiff's recovery.

Question 54

Proximate cause need not be established in negligence cases.

Question 55

The reasonable and prudent person standard is not used for establishing contributory negligence.

Question 56

Contributory negligence, if established, is a complete defense to negligence.

Question 57

Contributory negligence cannot be raised if there is causation proved against the tort feasor.

Question 58

Assumption of risk is not a defense unless there was full information prior to the risk being assumed.

Question 59

Few states follow the doctrine of contributory negligence.

Question 60

Comparative negligence, if established, is a complete defense to negligence.

Question 61

The Health Insurance Portability and Accountability Act applies to all health providers, plans, facilities and clearing houses.

Question 62

Opinion and analysis of a person's conduct are not defamation if the underlying facts are correct.

Question 63

Jane Mitchell, age 16, was shopping at her neighborhood Osco Drug Store. She had been looking at magazines as she waited for a friend. She decided to purchase a Tiger Beat magazine and then wait for her friend outside the store. She paid for the magazine, but as she headed for the door, the store manager used the store's loudspeaker system to announce, "You, with the green hair and the maroon Doc Marten's on. Yes, you, by the front of the store. I saw you take that magazine. Stop right there. I have a gun pointed at you." The manager's actions:

A) are protected by the shopkeeper's privilege.
B) constitute defamation.
C) were excessive but will not result in any liability.
D) none of the above

Question 64

HIPAA is a federal law for medical privacy.

Question 65

Opinion commentary is not defamation.

Question 66

Which of the following would not be classified as libel?

A) a newspaper article with untrue statements
B) a letter with untrue statements sent to only one person
C) a true statement
D) a speech at a Veteran's Day parade

Question 67

Galley, Inc. has a contract for operating the kitchen at the Palm Crest Hotel in Miami, Florida. Mealco has approached Palm Crest's director of operations and stated, "Look, sign with us. We'll take care of whatever damages you owe Galley." Suppose Mealco added the following phrase, "Galley is going under fast. They haven't paid rent in five months and their rent is $15,000 per month." Galley is current on its rent, and its rent is $5000 per month. Mealco's statements:

A) are defamatory.
B) constitute the tort of negligence.
C) are covered under the shopkeeper's privilege.
D) none of the above

Question 68

Posting false information about a person to an Internet blog would be publication.

Question 69

The reasonable person standard is the standard of duty for purposes of establishing negligence.

Question 70

Public figures:

A) can never have an action in defamation.
B) lose their defamation action rights if the remark or information is part of a story.
C) can seek a retraction, but can never recover damages for defamation.
D) must establish malice in order to recover damages for defamation.

Question 71

Posting false information in a chat room is not sufficient to establish defamation.

Question 72

Which of the following statements would qualify for a defamation action (assuming the statement is false)?

A) "All corporate types are selfish."
B) "Accountants will sign off on anything."
C) "He pled guilty to a violation of campaign contribution laws."
D) All of the above qualify for a defamation action.

Question 73

The employer privilege statutes provide employers with some defenses for candor in references.

Question 74

Britney Spears is an example of a public figure for purposes of proving malice.

Question 75

How many people must have heard or read a statement for there to be publication for purposes of defamation?

A) one
B) at least two
C) there must be widespread community knowledge
D) it must be heard simultaneously by at least two people

Question 76

A screensaver program that uses the likeness of a person is commercial appropriation.

Question 77

A witness in a high profile criminal trial is a public figure.

Question 78

Galley, Inc. has a contract for operating the kitchen at the Palm Crest Hotel in Miami, Florida. Mealco has approached Palm Crest's director of operations and stated, "Look, sign with us. We'll take care of whatever damages you owe Galley." Mealco's statements:

A) are defamatory.
B) constitute the tort of contract interference.
C) constitute the tort of negligence.
D) none of the above

Question 79

Contract interference:

A) requires involvement by more than one third party.
B) requires proof of intent to interfere.
C) is a federal crime.
D) requires proof of misappropriation.

Question 80

Defamation cannot exist in cyberspace because there is no evidence that someone heard or understood the statements.