Deck 8: Business Torts

Question 1

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

Answer 1

False

Question 2

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

Answer 2

False

Question 3

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

Answer 3

False

Question 4

Only libel requires proof of publication.

Question 5

A tort is a private wrong carrying criminal penalties.

Question 6

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

Question 7

Slander is oral defamation.

Question 8

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

Question 9

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

Question 10

Malice is a required element in all defamation cases.

Question 11

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

Question 12

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

Question 13

Newspapers have an absolute privilege with respect to defamation suits.

Question 14

The media have a qualified privilege in defamation cases.

Question 15

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

Question 16

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

Question 17

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

Question 18

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

Question 19

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

Question 20

The tort of contract interference does not require proof of intent to interfere with the contract.

Question 21

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

Question 22

Asking a buyer to break their existing contract with another supplier is tortious interference.

Question 23

HIPAA is a federal privacy law that concerns medical information.

Question 24

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

Question 25

Assumption of risk is a complete defense to negligence.

Question 26

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

Question 27

Invasion of privacy is a tort of negligence.

Question 28

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

Question 29

The Burnett v. National Enquirer, Inc. case is a famous one involving defamation.

Question 30

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

Question 31

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

Question 32

Proximate cause is the same thing as causation.

Question 33

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

Question 34

The Palsgraf case expanded the notion of causation.

Question 35

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

Question 36

Speeding is a breach of duty for negligence purposes.

Question 37

There are three invasion of privacy torts.

Question 38

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

Question 39

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

Question 40

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

Question 41

A landowner who sets traps on his property to injure or kill anyone entering his property does not violate any landowner duty.

Question 42

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

Question 43

A radio broadcast would be considered slander because it is spoken.

Question 44

Proximate cause need not be established in negligence cases.

Question 45

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

Question 46

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

Question 47

Contributory negligence is a complete defense to negligence.

Question 48

HIPAA is a federal law for medical privacy.

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

The Supreme Court has ruled that in cases with substantial compensatory damages, punitive damages that do not exceed a 3:1 ratio are acceptable.

Question 51

Few states follow the doctrine of contributory negligence.

Question 52

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

Question 53

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

Question 54

The Health Insurance Portability and Accountability Act only applies to the collection, use, and distribution of medical information by physicians.

Question 55

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

Question 56

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

Question 57

Businesses are never liable for criminal activity on their premises.

Question 58

Assumption of the risk requires knowledge of the risk and voluntarily doing it.

Question 59

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 60

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

Question 61

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

Question 62

If a defendant in a defamation suit holds a qualified privilege:

A)the defendant has a complete defense to the suit.
B)the defendant cannot be sued if he/she retracts the statement.
C)the plaintiff will be required to prove additional elements to recover.
D)the defendant enjoys higher protection than the absolute privilege.

Question 63

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 64

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 65

A-Plus Linens sent the following notice to John C. Lincoln Hospital: "We'll pay you. Drop your current linen service and we'll give you $5 for every 100 pounds of linen you send our way." The notice sent by A-plus:

A)is contract interference.
B)is defamatory.
C)is invasion of privacy.
D)None of the above

Question 66

Defamation cannot occur online because there is no evidence that someone heard or understood the statements.

Question 67

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

Question 68

Tort reform acts are quickly erasing the differences among states in tort recovery practices.

Question 69

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

Question 70

Punching someone in the face is a:

A)tort.
B)crime.
C)tort and a crime.
D)either a tort or a crime, and the victim must select which to pursue.

Question 71

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

Question 72

The tort of false imprisonment:

A)requires proof of some actual damage to the plaintiff.
B)is also known as the "shopkeeper's tort."
C)requires proof of emotional distress.
D)no longer exists in states that have adopted the shopkeeper's privilege.

Question 73

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)"Jones pled guilty to a violation of campaign contribution laws."
D)All of the above qualify for a defamation action.

Question 74

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 true 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 75

The tort of intentional infliction of emotional distress:

A)requires proof of some physical harm before there can be recovery.
B)is the same as the tort of false imprisonment.
C)is a property tort.
D)requires proof of conduct that exceeds all bounds of decency.

Question 76

Giving an unfavorable review of a product in a magazine is called product disparagement, a type of defamation.

Question 77

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 78

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 79

Which of the following is not an element of negligence?

A)Duty
B)Breach of duty
C)Reckless disregard
D)Causation

Question 80

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