Question 1

In Forgie-Buccioni v.Hannaford Brothers,where Forgie-Buccioni was detained in a
grocery store's security room after being accused of not paying for cold medicine,the appeals court held that false imprisonment did not occur because the store manager had reason to suspect theft.

Accepted Answer

A) True 
 B)False

Question 2

Joe hands Mary a note he wrote that calls her terrible names,accuses her of horrible personal acts,and all sorts of other nonsense.Mary can bring a successful suit for:

Accepted Answer

A) libel 
B) slander 
C) defamation 
D) battery 
E) none of the other choices

Question 3

The tort that protects individuals from harm based on careless and unintentional conduct is called:

Accepted Answer

A) conversion 
B) negligence 
C) strict liability 
D) absolute liability 
E) none of the other choices

Question 4

If a person intends to act to cause a harmful or offensive contact,he is liable for the tort of:

Accepted Answer

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

Question 5

In James v.Bob Ross Buick,where a car dealership sent letters to customers over James's signature after he had been fired,the appeals court held that James had no suit for invasion of privacy because he was not a private person for work purposes.

Accepted Answer

A) True 
 B)False

Question 6

The only defense in case of negligence is that of assumption of risk.

Accepted Answer

A) True 
 B)False

Question 7

The intentional detention of a person may be the tort of:

Accepted Answer

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

Question 8

In addition to damaging a reputation of a person,defamation can involve:

Accepted Answer

A) damage to the profits of a company 
B) damage to the good name of a company 
C) damage to the good name of the defendant 
D) negligence on the part of the defendant 
E) none of the other choices

Question 9

If you are waving a gun at someone to scare them,and it accidentally goes off and hits the person,you are likely liable for battery.

Accepted Answer

A) True 
 B)False

Question 10

If a defendant in an intentional tort action did not intend to cause harm:

Accepted Answer

A) he could still be liable because motive is legally distinct from act and intent 
B) he could still be liable because he was careless 
C) he cannot be held liable because his motive was not to harm the plaintiff 
D) he cannot be held liable because he did not know who would be harmed by his actions 
E) none of the other choices

Question 11

In contrast to a criminal case,in a tort case:

Accepted Answer

A) the alleged wrongdoer is being tried by the government 
B) the victim is only a witness,not a party to the case 
C) the victim does not receive compensation for injuries,but the wrongdoer may have to pay restitution 
D) the case is brought to court by the government 
E) none of the other specific choices

Question 12

One day while Phil is out shopping,George searches Phil's home for evidence he could use to blackmail Phil.George finds nothing,causes no damage,and puts everything back in order before he leaves.George could most likely be sued for:

Accepted Answer

A) assault 
B) false imprisonment 
C) private nuisance 
D) disparagement 
E) invasion of privacy

Question 13

A privilege can excuse what would have been a tort if the defendant:

Accepted Answer

A) acted without knowing the consequences of his actions 
B) acted to further an interest of social importance that deserves protection 
C) acted to further his own interests 
D) acted to harm a wrongdoer 
E) none of the other choices

Question 14

Which of the following is not a necessary element of defamation:

Accepted Answer

A) making of a false statement about another person 
B) communication of a false statement to third parties 
C) loss of ability to work after the statement was made 
D) harm caused to the victim of the statements 
E) all of the other choices are necessary conditions

Question 15

You look at a box of cereal in the grocery store and,to your surprise,see your photo on it.You may probably sue for the tort of:

Accepted Answer

A) assault 
B) malicious prosecution 
C) invasion of privacy 
D) defamation 
E) none of the other choices

Question 16

Which of the following is not a necessary element of defamation:

Accepted Answer

A) making of a false statement about another person 
B) communication of a false statement to third parties 
C) mental distress suffered by the victim of the statements 
D) harm caused to the victim of the statements 
E) all of the other choices are necessary conditions

Question 17

In case of a tort claim of emotional distress,the plaintiff could:

Accepted Answer

A) win for having been insulted by bad language 
B) win only if some physical injury is proven to accompany the mental injury 
C) win only if "outward manifestations" of mental injury are apparent 
D) win for observing a terrible injury inflicted on one's child 
E) none of the other choices

Question 18

The tort of emotional distress protects from conduct that goes beyond the bounds of decency,but not from:

Accepted Answer

A) an insult 
B) multiple harassing late-night phone calls 
C) violent threats 
D) all the other specific choices 
E) none of the other specific choices

Question 19

In McCune v.Myrtle Beach Indoor Shooting Range,where McCune lost an eye playing paintball and sued the paintball facility,the appeals court did not hold the facility liable because McCune __________________ of playing paintball when she signed the general liability waiver.

Accepted Answer

A) implicitly assumed the risk 
B) definitely assumed the risk 
C) expressly assumed the risk 
D) refused to assume the risk 
E) none of the other choices

Question 20

In an intentional tort,the person who committed the tort must have wanted the result to occur that did,in fact,happen.

Accepted Answer

A) True 
 B)False

Exam 6: Elements of Torts

In Forgie-Buccioni v.Hannaford Brothers,where Forgie-Buccioni was detained in a grocery store's security room after being accused of not paying for cold medicine,the appeals court held that false imprisonment did not occur because the store manager had reason to suspect theft.

Joe hands Mary a note he wrote that calls her terrible names,accuses her of horrible personal acts,and all sorts of other nonsense.Mary can bring a successful suit for:

The tort that protects individuals from harm based on careless and unintentional conduct is called:

If a person intends to act to cause a harmful or offensive contact,he is liable for the tort of:

In James v.Bob Ross Buick,where a car dealership sent letters to customers over James's signature after he had been fired,the appeals court held that James had no suit for invasion of privacy because he was not a private person for work purposes.

The only defense in case of negligence is that of assumption of risk.

The intentional detention of a person may be the tort of:

In addition to damaging a reputation of a person,defamation can involve:

If you are waving a gun at someone to scare them,and it accidentally goes off and hits the person,you are likely liable for battery.

If a defendant in an intentional tort action did not intend to cause harm:

In contrast to a criminal case,in a tort case:

One day while Phil is out shopping,George searches Phil's home for evidence he could use to blackmail Phil.George finds nothing,causes no damage,and puts everything back in order before he leaves.George could most likely be sued for:

A privilege can excuse what would have been a tort if the defendant:

Which of the following is not a necessary element of defamation:

You look at a box of cereal in the grocery store and,to your surprise,see your photo on it.You may probably sue for the tort of:

Which of the following is not a necessary element of defamation:

In case of a tort claim of emotional distress,the plaintiff could:

The tort of emotional distress protects from conduct that goes beyond the bounds of decency,but not from:

In McCune v.Myrtle Beach Indoor Shooting Range,where McCune lost an eye playing paintball and sued the paintball facility,the appeals court did not hold the facility liable because McCune __________________ of playing paintball when she signed the general liability waiver.

In an intentional tort,the person who committed the tort must have wanted the result to occur that did,in fact,happen.