Deck 12: Torts and Cyber Torts

Question 1

An individual's right to privacy includes the exclusive use of his or her likeness.

Answer 1

True

Question 2

A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements.

Answer 2

True

Question 3

The purpose of tort law is to provide remedies when legally protected interests have been invaded.

Answer 3

True

Question 4

Causation in fact can be determined by use of the but-for test.

Question 5

The degree of care to be exercised in a situation can vary with a person's profession or occupation.

Question 6

An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care.

Question 7

Under the "danger invites rescue" doctrine,a person who tries to rescue another individual from harm is liable for any injuries to the individual.

Question 8

Self-defense is a defense to a charge of assault.

Question 9

Proximate cause exists when injuries sustained were too remotely connected to an incident to trigger liability.

Question 10

A superseding cause is an intervening event that imposes liability on a defendant for injuries caused by the intervening event.

Question 11

Disparagement of property is another term for appropriation.

Question 12

Tortfeasor is the term for a person who commits a tort.

Question 13

An artisan's lien is a defense to a charge of trespass to personal property.

Question 14

Under the theory of negligence,the duty of care requires an intentional act.

Question 15

An act that causes indignity is sufficient to recover for the infliction of emotional distress.

Question 16

An unauthorized scan of a bank account can be an invasion of privacy.

Question 17

An Internet service provider is generally not liable for publishing a defamatory statement that comes from a third party.

Question 18

Bona fide competitive behavior can constitute wrongful interference with a contractual relationship.

Question 19

The doctrine of res ipsa loquitur applies if an event causing harm does not normally occur in the absence of negligence.

Question 20

A person assumes all risks associated with any activity in which he or she participates.

Question 21

Jaqy distributes a handbill among her neighbors accusing one of them-Ked-of being a convicted sex offender.The statement is defamatory only if

A)a neighbor repeats it.
B)Ked suffers emotional distress.
C)the statement is true.
D)the statement is false.

Question 22

Great Tans,Inc. ,uses,in its radio ads,a recording by Holly,who owns the rights,without paying for the use.Over time,the song comes to be asso?ci?ated with Great Tans.In Holly's suit against Great Tans,the firm is most likely liable for

A)appropriation.
B)conversion.
C)wrongful interference with a customary relationship.
D)no tort.

Question 23

An Illinois state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Jerry,a driver for Crosstown Taxi Company,is driving and talking on his cell phone when his cab collides with Kayla's car,injuring her.Kayla's best theory for recovery against Jerry and Crosstown is

A)a Good Samaritan statutes.
B)negligence per se.
C)res ipsa loquitur.
D)the "danger invites rescue" doctrine.

Question 24

Leon files a suit against Moira,a medical doctor,alleging negligence.As a physician,Moira is held to the standard of

A)a blameless individual. b a faultless ordinary person.
C)a reliable professional.
D)a reasonable physician.

Question 25

Nadine is a spectator at the Metro City Softball Tournament,an athletic competition.Regarding the risk of injury,Nadine assumes the risks

A)attributable to the tournament in any way.
B)different from the risks normally associated with the tournament.
C)greater than the risks normally associated with the tournament.
D)normally associated with the tournament.

Question 26

Nick sees Opal,a stranger,in peril,but does not attempt to rescue her.Opal could successfully sue Nick for

A)negligence per se. b nothing.
C)a violation of the "danger invites rescue" doctrine.
D)res ipsa loquitur.

Question 27

An anonymous person posts online a defamatory message about Dewitt.Not knowing the poster's identity,Dewitt files a suit against "John Doe." Using the authority of the court,Dewitt can obtain from the poster's Internet service provider

A)an apology.
B)damages.
C)the identity of the poster.
D)nothing.

Question 28

At Parkside Bistro,Ogden believes that he was overcharged and shoves Nellie,the waiter.Nellie sues Ogden,alleging that the shove was a battery.Ogden is liable

A)if Parkside did not overcharge Ogden.
B)if the shove was offensive.
C)if Ogden acted out of malice.
D)under no circumstances-the shove was not a battery.

Question 29

Amber shops in a Breezy Bargains store,whose employee Connor recently mopped the floor.Amber slips,falls,and suffers an injury.Breezy is liable to Amber on a negligence theory if there was a "Wet Floor" warning sign and

A)Amber cannot read it.
B)Amber was distracted by other patrons.
C)Amber was enticed by a nearby display.
D)Connor did not place the sign near the wet floor.

Question 30

Driving his sport utility vehicle negligently,Bart crashes into a streetlight.The streetlight falls,smashing through the roof of a house,killing Chris.But for Bart's negligence,Chris would not have died.Regarding the death,the crash is the

A)cause in fact. b intervening cause.
C)proximate cause.
D)superseding cause.

Question 31

Kay carelessly bumps into Lyle,knocking him to the ground.Kay has committed the tort of negligence

A)only if Lyle is injured.
B)only if Lyle is not injured.
C)under any circumstances.
D)under no circumstances.

Question 32

John sees that Kris is about to step into the path of an oncoming bus.If John does not warn Kris of the danger,John is liable

A)only if Kris is injured.
B)only if Kris is not injured.
C)regardless of the consequences to Kris.
D)under no circumstances.

Question 33

In an emergency situation,Milena,an emergency medical technician,renders aid to Lothar,who needs help.Lothar would most likely be prohibited from suing Milena for negligence under

A)any circumstances.
B)a Good Samaritan statute.
C)a social host statute.
D)no circumstances.

Question 34

Clem,a Delite Dairy salesperson,follows Edna,a salesperson for Festive Foods,a Delite competitor,as Edna visits stores to make sales.Clem solicits each of Edna's customers.Clem is most likely liable for

A)conversion.
B)trespass to personal property.
C)wrongful interference with a business relationship.
D)trade libel.

Question 35

From a computer in a distant location,Sergio searches Tia's personal computer without her permission.Sergio is most likely liable for

A)appropriation.
B)conversion.
C)invasion of privacy.
D)no tort.

Question 36

Clyde enters Desert Decathlon,an athletic competition in which Clyde has often competed.Regarding the risk of injury,Clyde assumes the risks

A)attributable to the Decathlon in any way.
B)different from the risks normally associated with the Decathlon.
C)greater than the risks normally associated with the Decathlon.
D)normally associated with the Decathlon.

Question 37

Oakley posts a defamatory remark about Pierre in "Roominate," an online social network maintained by SocNet,Inc. ,an Internet service provider.Most likely to be held liable for the remark is

A)Oakley.
B)Pierre.
C)Roominate.
D)SocNet.

Question 38

Joy invites Ken into her apartment.Ken commits trespass to land if he

A)enters the apartment with fraudulent intent.
B)harms the apartment in any way.
C)makes disparaging remarks about Joy to others.
D)refuses to leave when Joy asks him to go.

Question 39

From a location in Asia,Basil sends spam to U.S.e-mail addresses touting a variety of deceptive scams in an attempt to dupe unwitting recipients into revealing their bank account and credit card numbers.Under the U.S.Safe Web Act,the Federal Trade Commission can

A)authorize the scamming of citizens in Asia.
B)do nothing.
C)share information with foreign agencies to investigate and prosecute.
D)undertake secret activities to destroy Asian servers.

Question 40

Ian steals a business law textbook from Jules.Kris,who does not know that the book is stolen,buys it from Ian.Kris has committed

A)conversion.
B)disparagement of property.
C)no tort.
D)wrongful interference with a business relationship.

Question 41

After two years of research and an investment of a substantial amount of money,Coast-to-Coast Company (CC)develops a new product that it hopes will produce substantial profits.CC learns that a competitor,National Sales,Inc. ,has made and begun to sell a nearly identical prod?uct.CC learns from a reliable source that National paid a CC employee to obtain the plans for CC's product when it was in development.What legal re?course does CC have against National?

Question 42

Neal,a twelve-year-old,buys a pair of skis from Outdoor Outfitters (OO),telling the salesperson that he has never been skiing but "really wants to do it." The salesperson urges Neal to take a lesson in the sport before attempting a run,but Neal ignores the advice.On the first run,Neal loses control,hits a tree,and is injured.Neal files a suit against OO,alleging that it was negligent to have sold the skis to him,when he was clearly too young and inexperienced.How might OO defend itself?