Deck 4: Torts and Cyber Torts

Question 1

An unauthorized scan of a bank account cannot be an invasion of privacy.

Answer 1

False

Question 2

There is no defense (except innocence)to a charge of conversion.

Answer 2

False

Question 3

Slander involves the oral communication of defamatory language.

Answer 3

True

Question 4

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

Question 5

A person may commit an intentional tort if he or she acts knowing with substantial certainty that certain consequences will result.

Question 6

An illegal search can be an invasion of privacy.

Question 7

The apprehension that an assault will occur need not be reasonable.

Question 8

Unintentionally causing a party to break a contract may constitute wrong?ful interference with a contractual relationship.

Question 9

A written defamatory statement must be communicated to a third party to be actionable.

Question 10

False imprisonment is a tort only if the confinement or restraint is justified.

Question 11

Conversion is wrongfully taking or retaining an individual's personal property and placing it in the service of another.

Question 12

To commit the tort of trespass to land,a person must harm the land.

Question 13

Tort law does not provide legal remedies for property damage.

Question 14

A store manager may delay a suspected shoplifter if the manager has probable cause to justify delaying the suspect.

Question 15

Defamation involves wrongfully hurting a person's good reputation.

Question 16

Puffery is fraud.

Question 17

To commit an intentional tort,a person must act with a harmful motive.

Question 18

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

Question 19

Punitive damages are intended to punish a wrongdoer and deter others.

Question 20

A battery occurs only if the victim suffers actual physical harm.

Question 21

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

Question 22

Business owners have no duty to exercise reasonable care to protect invitees.

Question 23

An assumption of risk defense does not require knowledge of the risk.

Question 24

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

Question 25

There are no statutes regulating the use of spam.

Question 26

Negligence per se may occur on the violation of a statute.

Question 27

A defendant is strictly liable for the results of his or her acts only if he or she in?tended those results.

Question 28

Lon trespasses on Mega Corporation's property.Through the use of rea?son?able force,Mega's security guard Ned detains Lon until the police ar?rive.Mega is liable for

A)assault and battery.
B)false imprisonment.
C)intentional infliction of emotional distress.
D)none of the choices.

Question 29

One of the requirements for a suit based on strict liability is a failure to ex?ercise due care.

Question 30

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

Question 31

Ron,the manager of Sav-Mart Discount Store,suspects Tina of shoplifting and detains her.Tina sues Ron,alleging that the detention was false imprisonment.Ron is liable if Tina

A)did not actually shoplift.
B)had not shoplifted in the past.
C)had probable cause to leave the premises.
D)was detained for an unreasonably long time.

Question 32

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

Question 33

If a person breaches a duty of care and another person suffers an injury,causation is established.

Question 34

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

Question 35

Louie files a suit against Myra for assault and battery.Myra can raise the defense of property as a defense to the charge of

A)assault only.
B)assault or battery.
C)battery only.
D)neither assault nor battery.

Question 36

In theory,causation in fact is limitless.

Question 37

Olga believes that Phil is about to hit her.To prevent harmful contact in this situation,Olga may use

A)any force.
B)any force,except force that is likely to cause death.
C)force that is reasonably necessary.
D)no force.

Question 38

Publishing false information about another's product is trade libel.

Question 39

At Sea Food Cafe,Tom believes that he was overcharged and shoves Wally,a waiter.Wally sues Tom,alleging that the shove was a battery.Tom is liable if

A)Sea Food did not overcharge Tom.
B)the shove was offensive.
C)Tom acted out of malice.
D)Wally did not wait on Tom.

Question 40

An Internet service provider (ISP)is not normally liable for its users' defamatory remarks.

Question 41

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 42

Pat files a successful suit against Quality Stores based on Quality's neg?li?gence.Normally,an award in such a suit consists of

A)comparative damages.
B)compensatory damages.
C)contributory damages.
D)punitive damages.

Question 43

Axel steals a business law textbook from Bernie.Curt,who does not know that the book is stolen,buys it from Axel.Curt has committed

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

Question 44

Ultimate Corporation uses,in its radio ads,a recording by Vicky,who owns the rights,without paying for the use.Over time,the song comes to be asso?ci?ated with Ultimate's products.Vicky sues Ultimate.Ultimate is most likely liable to Vicky for

A)appropriation.
B)conversion.
C)wrongful interference with a customary relationship.
D)none of the choices.

Question 45

Kelly is an appliance salesperson.Kelly commits fraud if,to make a sale,she

A)discloses the truth.
B)represents as a fact something that she knows is untrue.
C)states an opinion concerning something that she knows nothing about.
D)uses puffery.

Question 46

Polly invites Quinn onto her land.Quinn commits trespass if

A)Polly asks Quinn to leave and Quinn refuses.
B)Quinn enters the property in the evening.
C)Quinn makes disparaging remarks about Polly to third parties.
D)the property is damaged during the visit.

Question 47

Todd files a suit against United Media Corporation for defamation.Actual malice must be shown for recovery of damages if Todd is

A)a corporate officer.
B)a non-citizen.
C)a private individual.
D)a public figure.

Question 48

Lana hires Mike,an architect,to design a warehouse.When she reviews Mike's design,Lana is dissatis?fied with the look of the new building and sues Mike,alleging negligence.Mike can successfully defend against the suit by proving that

A)he is not familiar with every principle of art.
B)his design is as attractive as an ordinary person's.
C)Lana could not have designed a more attractive building.
D)Lana was not injured in any way.

Question 49

Ned leaves his car with OK Car Shop to have it repaired.After the car is fixed,OK keeps it.OK is not liable for trespass to personal property if

A)Ned refuses to pay for the repair.
B)Ned thinks his car is a "joke."
C)OK is keeping the car as a "joke."
D)OK received payment for the repair.

Question 50

Acme Computers,a computer store,takes unethical steps to divert the customers of Cyber Goods,an adjacent competing store.Acme may be liable for

A)appropriation.
B)wrongful interference with a business relationship.
C)wrongful interference with a contractual relationship.
D)none of the choices.

Question 51

Kit carelessly bumps into Luke,knocking him to the ground.Kit has committed the tort of negligence

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

Question 52

Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent.To give rise to fraud,the statement must be one of

A)delusion.
B)fact.
C)illusion.
D)opinion.

Question 53

Curt,a dairy goods salesperson,follows Dona,a competitor's salesperson,as she visits convenience stores to make sales.Curt solicits each of Dona's customers.Curt is likely liable for

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

Question 54

Ollie,a clerk at PC Computer Store,takes a computer from the store without PC's permission.Ollie is liable for conversion

A)if he damages the computer.
B)if he does not have a good reason for taking the computer.
C)if he fails to prevent a theft of the computer from his possession.
D)under any circumstances.

Question 55

Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident,and Elin is injured.Liability may be imposed on Dirk for Elin's injury if Dirk's driving is

A)neither the causation in fact nor the proximate cause of the injury.
B)only the causation in fact of the injury.
C)only the proximate cause of the injury.
D)the causation in fact and the proximate cause of the injury.

Question 56

Jay drops a bowling ball on Kyla's foot.Jay is liable for negligence if he acted

A)unrealistically.
B)unreasonably.
C)unrecognizably.
D)unreliably.

Question 57

Bill enters onto Cindy's property to help Donna,who is in danger.Cindy charges Bill with trespass to land.Bill has

A)a complete defense.
B)a partial defense.
C)a possible defense.
D)no defense.

Question 58

To protect its customers and other business invitees,Supreme Retail Corporation must warn them of

A)all dangers.
B)concealed dangers.
C)open dangers.
D)no dangers.

Question 59

Dale hears Ed falsely accuse Flo of stealing from Great Warehouse,Inc. ,their employer.Ed's statement is defamatory

A)because Dale heard it.
B)only if Ed made the statement loudly.
C)only if Ed's statement is also published in the Dispatch,a local paper.
D)only if Flo suffers emotional distress.

Question 60

Steve,a television news reporter,knowingly broadcasts an untrue story claiming that Medi-Drugs,Inc. ,mar?kets a medicine for children that con?tains highly addictive drugs.Steve is liable for

A)slander of quality.
B)slander of title.
C)wrongful interference with a business relationship.
D)none of the choices.

Question 61

Eve owns First-Rate Salvage,a demolition company.A demolition by a First-Rate crew injures Glen,a passerby.Under the theory of strict li?abil?ity,Eve must pay for Glen's injury

A)only if Glen's injury was not reasonably foreseeable. b only if Glen's injury was reasonably foreseeable.
C)only if the First-Rate crew was at fault.
D)whether or not the First-Rate crew was at fault.

Question 62

In an emergency situation,Lori renders aid to Mike,who needs help.Mike would most likely be prohibited from suing Lori for negligence under

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

Question 63

Molly shoots Norm with Opal's pistol.The proximate cause of Norm be?ing shot is most likely attributable to

A)Molly and Opal.
B)Molly only.
C)Opal only.
D)neither Molly nor Opal.

Question 64

Eagle Engineering,Inc. ,and Fast Code Corporation market competing software products.Eagle launches a series of ads claiming that Fast Code,instead of testing its software before it is marketed,has its customers "test" the software by using it.Fast Code knows this is not true but begins to lose sales to Eagle.On what grounds could Fast Code sue Eagle for the harm to Fast Code's reputation?

Question 65

A water pipe bursts,flooding a General Business Company (GBC)utility room and tripping the circuit breakers on a panel in the room.GBC con?tacts Hal,a licensed electrician with ten years of experience,to investi?gate the damage and turn the breakers "on." Hal attempts to turn on one of the breakers without testing for short circuits,which he knows should be done.Hal is electrocuted,and files a suit against GBC for damages,al?leging neg?ligence.How might GBC defend itself?

Question 66

A state statute requires machinery in food processing plants to include automatic shut-off switches that are accessible to each employee working on the ma?chine.Fruit Company's (FC's)equipment does not have the switches.Greg,an FC employee,suffers an injury that an accessible shut-off switch would have prevented.Greg's best ground for recovery is that FC committed

A)a dram shop act.
B)a violation of the "danger invites rescue" doctrine.
C)negligence per se.
D)res ipsa loquitur.

Question 67

General Construction Company engages in blasting in its operations.This is subject to strict liability because

A)blasting is an abnormally dangerous activity.
B)blasting is a negligent activity.
C)construction can be done without blasting.
D)General is a construction company.

Question 68

Amber pushes Brad into the path of an oncoming car driven by Carol.Don tries to rescue Brad,but the car hits both of them.Amber is liable for the injuries of

A)Brad and Don.
B)Brad only.
C)Don only.
D)neither Brad nor Don.

Question 69

Eve is injured when she slips and falls in Finest Discount Warehouse.Eve files a suit against Finest for $50,000.Under a "pure" comparative negli?gence rule,Eve could recover damages from Finest

A)only if Eve and Finest were equally at fault.
B)only if Eve was less at fault than Finest.
C)only if Eve was more at fault than Finest.
D)whether Eve was less,more,or equally at fault.

Question 70

Clyde enters the 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 71

Gary is standing on a defective stool when it collapses,causing Gary to fall and suffer an injury.Gary files a suit against Interstate Stools,Inc. ,the manufacturer.A significant appli?cation of the doctrine of strict liabil?ity is in the area of

A)constitutional law.
B)ethics.
C)negligence.
D)product liability.