Deck 8: Intentional Torts and Business Torts

Question 1

Dewayne sold a space heater to Vivian, telling her it would heat a 200-square-foot area, even though he knew it would effectively heat only about one-third of that space. Dewayne is liable for the intentional tort of fraud.

Answer 1

True

Question 2

In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner.

Answer 2

True

Question 3

Which of the following statements about torts is correct?

A) A tortious act is always a criminal act.
B) A criminal act is always a tortious act.
C) A tortious act may also be a criminal act.
D) A tortious act is the same as a contract dispute.

Answer 3

C

Question 4

A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse. In most states, Braybon's will be able to detain the customer for suspicion of shoplifting.

Question 5

If Gloria threw a rock that hit Merle, she is liable for an intentional tort of battery only if she intended to injure or harm Merle.

Question 6

A witness testifying in a court or legislature may never be sued for defamation.

Question 7

Shortly after Brian started to work at Trevit, Inc., a coworker, Ann, began asking him out. Brian said no. Nevertheless, Ann persisted. One day Ann playfully but intentionally touched Brian "below the belt." Which statement is correct?

A) Ann defamed Brian.
B) Ann committed the tort of trespass.
C) Ann committed the tort of interference with a prospective advantage.
D) Ann committed the tort of battery.

Question 8

The First Amendment guarantee of freedom of speech is an absolute right.

Question 9

The single recovery principle requires a court to settle a matter once and for all by awarding a lump sum for past and future expenses.

Question 10

Taking or using someone's personal property without consent is referred to as

A) fraud.
B) negligence.
C) conversion.
D) trespassing.

Question 11

In an advertisement, FreshAir, Inc. stated that its air freshener lasted for 3 hours while the competitor's Smell Sweet lasted for only 36 minutes. In fact, Smell Sweet freshens the air for more than 2 hours. FreshAir has not violated the Lanham Act because the First Amendment's guarantee of freedom of speech applies.

Question 12

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

Question 13

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

Question 14

Working out some frustrations after a bad game, Jessica angrily hits a baseball and then sees it is flying toward the umpire. She yells, "Watch out!" The umpire ducks and the ball misses him. Since there was no physical contact, no assault or battery occurred.

Question 15

Ahmi was a witness in a lawsuit. When asked why he fired Rana, Ahmi replied, "Rana was fired for willful misconduct." Indeed, Rana had not engaged in any misconduct. Rana will be able to successfully sue Ahmi for defamation based on what Ahmi said in court.

Question 16

Lori works for Big Corporation. The existing contract between Lori and Big Corporation can be terminated at will by either party. Richard, the owner of a small store, offers to pay Lori much more money if she will leave Big Corporation and work for his store. When Lori starts to work for Richard, Big Corporation correctly claims Richard is liable for tortious interference with a contract.

Question 17

Jim told his manager, Lana, that a coworker, Diane, had been in prison for theft. Lana checked into the matter, and when she learned that Diane had served time in prison for theft, she fired her.

A) Jim is liable to Diane for defamation.
B) Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane's prison history.
C) Jim is liable to Diane for defamation only if she is a public figure.
D) Jim is not liable to Diane for defamation.

Question 18

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,

A) she will need to show that the magazine has a history of being "reckless" with facts on a regular basis.
B) she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts.
C) she will need to show that the magazine failed to attempt to verify the story by trying to contact her or her agent before the story was printed.
D) she will need to show that the magazine could have discovered that the story was false but failed to do so.

Question 19

Public officials can win a defamation case only by proving the defendant's actual malice.

Question 20

There are four elements to a defamation case, and the plaintiff in any kind of lawsuit must prove one of the four elements to prevail.

Question 21

Tipton Company makes a deal with Patton Company to purchase 100 canvas tarps. Patton's competitor, QC Industries, tells Tipton Company executives that Patton's goods are shoddy and Tipton cancels the contract with Patton. What will likely occur?

A) Patton will sue Tipton for defamation.
B) QC Industries will sue Patton for intentional infliction of emotional distress.
C) Patton will sue QC Industries for tortious interference with a contract.
D) Tipton will sue Patton for tortious interference with a prospective advantage.

Question 22

Soledad tells Marco that she believes he was cheating on a biology exam and calls him a "cheater" to his face. She did not tell anyone else about her suspicions. Marco did not, in fact, cheat on the exam. Has defamation occurred?

A) No, because no one else received the defamatory message besides Marco.
B) No, because Soledad did not put her accusation in writing.
C) Yes, because Soledad's accusation was false.
D) Yes, because Marco's feelings were hurt.

Question 23

Wholesome Bread, Inc. advertised that its honey wheat bread had 25% fewer calories than a competing brand, Valley Grains. In fact, Wholesome's bread had the same amount of calories as Valley Grains' bread. Wholesome Bread's conduct

A) does not violate the Lanham Act because of the First Amendment freedom of speech.
B) does not violate the Lanham Act because Wholesome did not act with actual malice.
C) does not violate the Lanham Act because comparative ads are exempt from the law.
D) violates the Lanham Act.

Question 24

Edith becomes ill at work, but her boss insists that she finish mopping the shop floor and cleaning the cabinets before she is allowed to leave. He physically prevents her from leaving the premises by watching over her until her work is finished. What tort has occurred?

A) trespass
B) conversion
C) battery
D) false imprisonment

Question 25

The idea behind punitive damages is that

A) torts that occur in a commercial setting are far more serious than torts affecting private individuals.
B) certain behavior is so unacceptable that society must make an example of it.
C) the right to free speech is not absolute and must sometimes be restricted.
D) the defendant must be restored to the position he/she was in before the injury.

Question 26

Rodney was employed by Deluxe Discount Store. Rodney's manager directed him to check the prices of dog food at Huge Savings Store. The manager of Huge Savings Store saw Rodney writing down prices and asked him to leave. Rodney, fearful that he would be fired by Deluxe, refused to leave. Rodney committed the tort of

A) larceny.
B) trespass.
C) misrepresentation.
D) conversion.

Question 27

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 28

John was driving home one night in a terrible snow storm when his car stalled. He managed to push the car onto a small shopping center's parking lot. The next day about noon he came to get the car and it had been towed away by the owner of the parking lot. The owner explained she had to remove the car to clean the snow off her lot and told John where the car had been towed. Which statement is correct?

A) The owner of the parking lot is liable for conversion. She took John's car without his consent.
B) The parking lot owner has absolute privilege for towing the car since it was a business necessity.
C) Even though John left his car in the parking lot under emergency conditions, he still committed a trespass on the owner's property.
D) All these are correct.

Question 29

Which of the following is the general goal of compensatory damages?

A) to find a way to help the defendant avoid jail time for his or her crime
B) to restore the plaintiff to the position he or she was in before the injury
C) to punish the defendant for extreme and outrageous conduct
D) to make the defendant suffer as much as the plaintiff suffered

Question 30

Adam decided to play a practical joke on Linda, a coworker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Did Adam commit the tort of intentional infliction of emotional distress?

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

Question 31

An intentional tort involves conduct in which

A) the defendant intended to harm the plaintiff.
B) the defendant intended a certain physical act that ends up injuring someone.
C) injuries are caused to someone because of the defendant's neglect or oversight.
D) there is resulting punishment, including prison, for the defendant.

Question 32

The ruling in the landmark case of New York Times v. Sullivan was that a public official can win a defamation case

A) without proving the defendant acted with reckless disregard of the truth.
B) only by proving the defendant's actual malice.
C) without proving the defendant knew his or her statement was false.
D) only by proving the defendant has a history of reckless behavior.

Question 33

In awarding punitive damages, a court considers all of the following EXCEPT

A) the difference between the punitive award and any civil penalties used in similar cases.
B) the ratio between the harm suffered and the award.
C) the financial condition of the plaintiff.
D) the reprehensibility of the defendant's conduct.

Question 34

Adam decided to play a practical joke on Linda, a coworker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Which statement is correct?

A) Adam committed an assault but not a battery.
B) Adam committed a battery but not an assault.
C) Adam committed an assault and a battery.
D) Adam committed neither an assault nor a battery since he used a candy gun and was only playing a joke on Linda.

Question 35

Written defamation is _____; oral defamation is _______.

A) fraud; conversion
B) conversion; fraud
C) slander; libel
D) libel; slander

Question 36

Trein, Inc. entered into a one-year, $1 million contract with Mia, a sports celebrity, to promote Trein's products. E-presto Inc., a competitor of Trein, was interested in having Mia promote its products but knew of her contract with Trein. E-presto offered Mia a three-year, $5 million contract. Mia left Trein and signed with E-presto. If Trein sues E-presto for tortious interference with a contract, E-presto

A) will be able to establish a justification since E-presto was acting to protect an existing economic interest.
B) will be able to establish a justification because, in talking to Mia, E-presto was exercising its First Amendment freedom of speech.
C) will be able to establish a justification because to decide otherwise would subject Mia to involuntary servitude.
D) will not be able to establish a justification.

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

Question 38

Which of the following guarantees that a witness testifying in a court or legislature may never be sued for defamation?

A) recovery principle
B) protected right to slander
C) defamation privilege
D) absolute privilege

Question 39

The elements in a defamation case are:

A) defamatory statement; falsity; communication; and injury.
B) a contract; knowledge of the contract; improper inducement; injury.
C) false or misleading fact statements; statements in commercial advertising; likelihood of harm.
D) duty; breach of duty; proximate causation; and damages.

Question 40

Which of the following statements is correct regarding the differences between contract, tort, and criminal law?

A) Tort and criminal law both impose a punishment for the defendant including prison and/or a fine.
B) Criminal law imposes duties of conduct on all persons.
C) Contract law awards money damages for the plaintiff; tort and criminal law do not.
D) Criminal law is prosecuted by the government.

Question 41

On its website, Otrex, Inc. claimed that its pain reliever was more effective than Nelton, a competing pain reliever. Discuss the elements that Nelton must prove to win a case against Otrex under the Lanham Act.

Question 42

Tracy is an employee of Zebra Toy Company, and both parties are free to terminate her employment at will. One afternoon she has lunch with a friend who works in marketing for her company's biggest competitor, Tiger Toys. Over a period of about three months, Tiger Toy representatives convince Tracy to work with them. Tiger offers a larger base salary with bigger commissions than she had with Zebra. When Tracy leaves Zebra, it sues Tiger Toys claiming it intentionally interfered with a contractual relationship. Will Zebra Toy Company be successful?

Question 43

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

Question 44

Discuss the four elements that must be proven in order to win a defamation 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.