Deck 9: Business Torts

Question 1

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

Answer 1

True

Question 2

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

Answer 2

True

Question 3

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

Answer 3

False

Question 4

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

Question 5

Newspapers have an absolute privilege with respect to defamation suits.

Question 6

Qualified privilege statutes protect those with a moral obligation to speak.

Question 7

A tort is a private wrong carrying criminal penalties.

Question 8

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

Question 9

Only libel requires proof of publication.

Question 10

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

Question 11

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

Question 12

Non-public figures need not prove publication in their suits for defamation.

Question 13

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

Question 14

Slander is oral defamation.

Question 15

The media have a qualified privilege in defamation cases.

Question 16

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

Question 17

Malice is a required element in all defamation cases.

Question 18

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

Question 19

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

Question 20

It is possible that those who write letters of recommendation could have liability for the content of those letters.

Question 21

Asking buyers to break their existing contracts with other suppliers is tortious interference.

Question 22

There are three invasion of privacy torts.

Question 23

Invasion of privacy is a tort of negligence.

Question 24

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

Question 25

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

Question 26

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

Question 27

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

Question 28

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

Question 29

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

Question 30

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

Question 31

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

Question 32

For public figures the media has a qualified privilege.

Question 33

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

Question 34

All states provide some form of immunity for people who stop and help but make mistakes in offering their assistance.

Question 35

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

Question 36

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

Question 37

Speeding is a breach of duty for negligence purposes.

Question 38

Proximate cause is the same thing as causation.

Question 39

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

Question 40

Running a red light is a breach of duty for negligence purposes.

Question 41

Businesses are never liable for criminal activity on their premises.

Question 42

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 43

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

Question 44

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

Question 45

Proximate cause need not be established in negligence cases.

Question 46

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 47

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

Question 48

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

Question 49

Assumption of risk is a complete defense to negligence.

Question 50

Few states follow the doctrine of contributory negligence.

Question 51

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

Question 52

The Palsgraf case expanded the notion of causation.

Question 53

Comparative negligence and contributory negligence are the same thing.

Question 54

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

Question 55

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

Question 56

Contributory negligence cannot be raised if there is causation proved against the tort feasor.

Question 57

The "bystander effect" is an exception to contributory negligence liability.

Question 58

Comparative negligence reduces the plaintiff's recovery.

Question 59

Employer privilege statutes apply even when there is intentional misrepresentation.

Question 60

The duty of a reasonable person extends beyond statutory duties.

Question 61

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

Question 62

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

Question 63

Opinion commentary is not defamation.

Question 64

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 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 65

Businesses are not liable for accidents caused by the behaviors and actions of their customers.​

Question 66

The reasonable person standard is the standard of duty for purposes of establishing negligence.

Question 67

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

Question 68

Which of the following would not be classified as libel?

A)a newspaper article with untrue statements
B)a letter with untrue statements sent to only one person
C)a true statement
D)a speech at a Veteran's Day parade

Question 69

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 70

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

Question 71

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

Question 72

"I think she is a crook," is defamation.​

Question 73

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

Question 74

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 75

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

Question 76

HIPAA is a federal law for medical privacy.

Question 77

Defamation cannot exist in cyberspace because there is no evidence that someone heard or understood the statements.

Question 78

Texting while driving is a breach of duty.​

Question 79

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 80

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.