Deck 10: Torts Affecting Business

Question 1

If a professor,during a class,accuses a student of being a thief when in truth the student has never stolen anything in his life,the professor is guilty of libel.

Answer 1

False
Explanation: If defamation is oral, it is called slander. In this case, the professor is guilty of slander as he verbally accuses the student.

Question 2

Only individuals can sue for defamation,not corporations.

Answer 2

False
Explanation: Individuals are not the only ones who can sue for defamation. A corporation can also sue for defamation if untrue remarks discredit the way the corporation conducts its business.

Question 3

False imprisonment arises from causing someone to be arrested criminally without proper grounds.

Answer 3

False
Explanation: Malicious prosecution arises from causing someone to be arrested criminally without proper grounds. The tort of malicious prosecution is often called false arrest.

Question 4

The tort of trespass arises only when a defendant damages the property of a plaintiff.

Question 5

Strict liability torts impose legal responsibility for injury even though a liable party neither intentionally nor negligently causes the injury.

Question 6

Jake borrowed Adam's book,but he lost the book before he could return it to Adam.In this case,Jake has committed a battery.

Question 7

Defamation is the publication of untrue statements about another that hold up that individual's character or reputation to contempt and ridicule.

Question 8

One is not liable for another's injury unless he or she has a duty toward the person injured.

Question 9

Rita is drunk while driving her car,and she hits Anna's car.This makes Anna a tortfeasor.

Question 10

A defense for defamation is that the defaming statement arose from privileged communications.

Question 11

Touching can constitute part of a battery only if it causes physical injury.

Question 12

Defamatory remarks are presumed false unless a defendant can prove their truth.

Question 13

Purchasing,even innocently,something that has been stolen is considered conversion.

Question 14

As a cause of action,injurious falsehood is similar to defamation of character.

Question 15

Many times a battery follows an assault.

Question 16

An assault is an illegal touching of another.

Question 17

The news media are liable for the defamatory untruths they print about public officials and public figures even if the defendants prove that they were published without malice or without any disregard for the truth.

Question 18

False imprisonment is a tort of negligence.

Question 19

Legally,a tort is any civil wrong other than a breach of contract.

Question 20

In disparagement cases,a plaintiff must establish the falsity of a defendant's statements.

Question 21

Injurious falsehood usually applies to character or reputation rather than a product or business.

Question 22

Juries frequently use state-adopted life expectancy tables and present-value discount tables to help them determine the amount of compensatory damages to award.

Question 23

Brooke walks up to Kevin,a complete stranger,and demands that Kevin pay her $1,000 or she will hurt him.In this case,Brooke commits a(n)______.

A) battery
B) assault
C) disparagement
D) fraud
E) conversion

Question 24

Tony has admired Ann for months,but he has never talked to her.One day,Tony walks up to Ann and gives her a hug.Ann is angry and decides to sue Tony.In this case,Tony has committed the tort of ______.

A) duress
B) conversion
C) battery
D) negligence
E) fraud

Question 25

Production defects arise when products are not manufactured to a manufacturer's own standards.

Question 26

Design defects occur when a product is manufactured according to a manufacturer's standards,but the product injures a user due to its unsafe design.

Question 27

Claude finds out that Gina is responsible for his being fired.In a fit of rage,Claude attacks Gina when she walks home.In this case,Gina can sue Claude for ______.

A) assault
B) battery
C) duress
D) libel
E) invasion of privacy

Question 28

Adoption of the comparative negligence principle seems to lead to more frequent and larger awards for plaintiffs.

Question 29

Penta Corp.convinces the employees of its competitor,Gordon Inc.to break their contracts with Gordon and join Penta.In this case,Penta Corp.has committed the tort of injurious falsehood.

Question 30

It is important to a successful assumption-of-the-risk defense that the assumption was voluntary.

Question 31

Misuse is a defense that defendants commonly raise in product liability cases.

Question 32

Punitive or exemplary damages do not apply to willful and wanton negligence.

Question 33

Teresa,the manager at Victory Corp.,warns Samuel who performs poorly throughout the year that he would lose his job if he did not perform well.Later that evening,Samuel sends Teresa an e-mail from an anonymous address in anger,threatening to harm her.The next day,Samuel realizes his mistake and apologizes to Teresa.In this case,Teresa can sue Samuel for ______.

A) assault
B) battery
C) conversion
D) wanton negligence
E) fraud

Question 34

______ is usually defined as the desire to bring about certain or substantially likely results.

A) Tort
B) Dereliction
C) Intent
D) Negligence
E) Malpractice

Question 35

In business,negligence can occur when employees cause injury to customers or others.

Question 36

Which of the following statements is true of tort law?

A) It deals with criminal cases rather than civil cases.
B) It typically deals with breach of contract.
C) It exists to protect people from being tried twice for the same crime.
D) It requires an agreement between the parties involved to resolve a wrong.
E) It sets limits on how people can act and use their resources.

Question 37

Common carriers,transportation companies licensed to serve the public,are strictly liable for misconduct of the shipper,such as improper packaging.

Question 38

In most states,the courts impose strict liability in tort for types of activities they call ultrahazardous.

Question 39

Assumption of the risk can arise from an express agreement.

Question 40

In its application for proximate causation,foreseeability has come to mean that the plaintiff must have been one whom a defendant could reasonably expect to be injured by a negligent act.

Question 41

The security guard at MV-Store suspects Roberta of shoplifting and detains her.His suspicion is based solely on the fact that she is dressed differently than the store's typical customer.The security guard finds nothing illegal in Roberta's belongings.Roberta is furious and decides to sue MV-Store.In this case,Roberta is most likely to file a(n)______ lawsuit against MV-store.

A) malicious prosecution
B) false arrest
C) false imprisonment
D) trespass
E) invasion-of-privacy

Question 42

If defamation is oral,it is called ______.

A) duress
B) slander
C) libel
D) hearsay
E) assault

Question 43

The intentional unjustified confinement of a nonconsenting person is known as ______.

A) negligence
B) false imprisonment
C) prior restraint
D) malicious prosecution
E) duress

Question 44

______ is the wrongful exercise of dominion and control over the personal resources that belong to another.

A) Libel
B) Garnishment
C) Conversion
D) Rescission
E) Injunction

Question 45

Which of the following statements is true of defamation?

A) Written defamation is called slander.
B) If defamation is oral, it is called libel.
C) Corporations cannot sue for defamation.
D) Defamation suits can be brought by employees against current or former employers.
E) The news media can be sued for defamation even if the reported statements are true as it constitutes an invasion of privacy.

Question 46

Statner,a doctor,reveals sensitive medical information about Ray,his patient,to the media.As a result,Ray is subject to sympathetic attitude and discrimination at work.He decides to sue Statner.Which of the following statements is true in this case?

A) Statner has not committed a tort for which Ray can sue.
B) Statner has intentionally interfered with Ray's contractual obligations.
C) Statner can be sued for invasion of privacy.
D) Statner can be sued for libel.
E) Statner has defamed Ray and will have to pay damages.

Question 47

Jason borrows Matt's car for a road trip.He meets with an accident on his trip and damages Matt's car.Jason then returns the car to Matt stating that the accident is not his fault and that he is not going to pay for damages.In this scenario,Matt can sue Jason for the tort of ______.

A) conversion
B) willful negligence
C) comparative fault
D) battery
E) fraud

Question 48

To enter another's land without consent or to remain there after being asked to leave constitutes the tort of ______.

A) assault
B) conversion
C) battery
D) trespass
E) invasion of privacy

Question 49

False arrest is also called ______.

A) conversion
B) false imprisonment
C) embezzlement
D) malicious prosecution
E) battery

Question 50

Which of the following statements is true of fraud?

A) Fraud is only applicable for the intentional misrepresentation of property.
B) The victim of a fraud need not be injured in any way for it to be a tort as long as the victim can prove that the defendant committed the fraud.
C) Fraud can be proved by giving evidence that one was harmed by another failing to disclose a material hidden fact.
D) Fraud is only applicable in cases involving financial transactions in business settings.
E) Fraud is always a tort and not a crime.

Question 51

A group of students stay back at their school late into the night to party.The security guard finds the students and asks them to leave,but they refuse to do so and threaten the security guard with violence to silence him.This is an example of the tort of ______.

A) trespass
B) willful negligence
C) libel
D) invasion of privacy
E) duress

Question 52

Larry sells a truck to Tim.He does not mention to Tim that the truck has a faulty engine.The truck breaks down after a week,and Tim has to replace the engine,which costs him $2,000.In this case,Tim can sue Larry for the tort of ______.

A) fraud
B) trade disparagement
C) larceny
D) negligence
E) conversion

Question 53

Barry,the CEO of Trenton Corp.,claims that their competitor,BMN Inc.,simply produces a modified version of Trenton's product.He also publicly claims that BMN's products are poor in quality.If the claims made by Barry are untrue,BMN Inc.can sue Barry for the tort of ______.

A) fraud
B) injurious falsehood
C) battery
D) larceny
E) malicious prosecution

Question 54

Written defamation,or defamation published over radio or television,is termed ______.

A) hearsay
B) libel
C) battery
D) slander
E) assault

Question 55

Which of the following acts is an example of conversion?

A) Zainab borrowing an annual report from a firm's library
B) Donald returning Larry's car in the same condition as it was when he had borrowed it
C) Scott publishing untrue statements about his manager in their company's newsletter
D) Ruth purchasing a cell phone from Sandra without knowing that Sandra had stolen it
E) Gerome, a doctor, revealing sensitive patient information to the media without obtaining the patient's consent

Question 56

John rents a movie from a video store,but instead of returning it,he lends it to Sam who accidentally loses it.In this case,John commits the tort of ______.

A) conversion
B) theft
C) battery
D) trespass
E) invasion of privacy

Question 57

Jim,a restaurant manager,punches a customer for his uncouth behavior toward a waiter.In this scenario,the customer can sue Jim for ______.

A) assault
B) fraud
C) battery
D) libel
E) duress

Question 58

Which of the following acts is an example of malicious prosecution?

A) A patient files a suit against his doctor for malpractice.
B) A storekeeper detains a customer under the suspicion of shoplifting.
C) A newspaper publishes incriminating information about a public official.
D) An employer fires his employee for pulling a prank on him.
E) A student gets her classmate arrested by falsely accusing her of drug peddling.

Question 59

A(n)______ is an intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury.

A) duress
B) fraud
C) conversion
D) libel
E) slander

Question 60

Many advertisers have been required to pay damages to individuals when pictures of them have been used without authorization to promote products.In such situations,which of the following torts has been committed by the advertisers?

A) assault
B) defamation
C) battery
D) invasion of privacy
E) malicious prosecution

Question 61

FG Tires Corp.supplies 2000 tires to a car manufacturing company of which 100 are defective.In this case,FG Tires is most likely to be prosecuted on the basis of ______.

A) assumption of risk
B) comparative responsibility
C) compensatory negligence
D) contributory negligence
E) strict products liability

Question 62

Strict products liability applies to ______.

A) medical practitioners
B) retail sellers
C) accountants
D) media personnel
E) attorneys

Question 63

______ is a catchall phrase for the legal responsibility for injury-causing behavior that is neither intentional nor negligent.

A) Strict liability
B) Negligence
C) Assumption of risk
D) Comparative fault
E) Cause in fact

Question 64

The contributory negligence defense allows a defendant to

A) reduce damages awarded a plaintiff who has played a role in causing his/her injury.
B) absolutely bar a plaintiff from recovery, if the plaintiff contributed to his/her own injury.
C) request for rescission as a legal remedy.
D) disqualify a plaintiff from petitioning for a writ of certiorari.
E) prevent the judge from applying ratio decidendi.

Question 65

In a negligence suit,a plaintiff must prove that

A) a defendant actually caused the injury.
B) a defendant could have caused the harm.
C) a defendant knew the potential for injury.
D) a defendant has published untrue statements about the plaintiff.
E) a defendant had a malicious intent.

Question 66

The negligence of professionals is called ______.

A) trespass
B) malpractice
C) battery
D) fraud
E) assault

Question 67

Which of the following acts is an example of willful and wanton negligence?

A) An employer intentionally induces the employees of another company to break their employment contract.
B) A politician delivers a speech defaming a public figure using false statements about that person.
C) A newspaper publishes articles about the personal life of a celebrity.
D) A drunk driver meets with an accident causing injury to the passengers in that car.
E) A doctor injects a patient with a high dosage of steroids causing the patient to suffer from adverse side effects.

Question 68

Which of the following terms represents the proposition that a negligent party is legally liable only for the foreseeable risk that they cause?

A) actual cause
B) proximate cause
C) establishment cause
D) negligent cause
E) injurious cause

Question 69

Which of the following torts consists of the publication of untrue statements that disparage a business owner's product or its quality?

A) assault
B) false imprisonment
C) trespass
D) battery
E) injurious falsehood

Question 70

Caroline invites Kylie,her colleague,to her house.Caroline legally owns a baby alligator as a pet.While she is visiting,the alligator escapes its cage and bites Kylie.In this case,which of the following statements is most likely to be true?

A) Kylie cannot sue Caroline as she assumed the risk voluntarily.
B) The court is likely to impose contributory negligence on Caroline.
C) The court is likely to impose strict liability on Caroline.
D) Kylie can only sue Caroline if the incident occurred outside Caroline's house.
E) Caroline can use the assumption of risk defense to prove that she is not guilty.

Question 71

Which of the following is one of the primary defenses to an allegation of negligence?

A) comparative responsibility
B) duty of care
C) proximate causation
D) causation in fact
E) unreasonable behavior

Question 72

Antonio and Fred are playing soccer when Fred accidently kicks Antonio's shin during a pass.Antonio is seriously injured and is unable to play for at least six months.If Antonio sues Fred,which of the following defenses is Fred most likely to use?

A) cause in fact
B) assumption-of-the-risk
C) statute of repose
D) strict liability
E) proximate cause

Question 73

Jack injures his ankle and is taken to a hospital.Airi,a doctor,applies a cast to Jack's injured ankle.Airi warns Jack not to exert pressure on his injured leg until the cast is removed.Jack ignores Airi's advice and injures his leg again when playing basketball while still having the cast.Jack files a malpractice suit against Airi claiming that she did not set the cast properly.Which of the following defenses is Airi most likely to use in this scenario?

A) contributory negligence
B) private necessity
C) retaliation
D) absolute truth
E) consent

Question 74

The ______ defense arises from a plaintiff's knowing and willing undertaking of an activity made dangerous by the negligence of another.

A) causation in fact
B) implied-in-fact
C) comparative negligence
D) assumption-of-the-risk
E) fraud

Question 75

______ takes place when one who has a duty to act reasonably acts carelessly and causes injury to another.

A) Negligence
B) Assault
C) Trespass
D) Racketeering
E) Conversion

Question 76

Which of the following statements is true of comparative negligence?

A) It completely bars a plaintiff from recovering any damages.
B) It requires a plaintiff and a defendant to settle their dispute through arbitration.
C) It allows a plaintiff to claim only punitive damages but not actual damages.
D) It allows a plaintiff to claim damages without establishing proximate causation and causation in fact.
E) It compares a plaintiff's fault with a defendant's and reduces the damage award proportionally.

Question 77

One of the tort reforms proposed or passed by the states includes providing for the presumption of reasonableness defense in product design cases in which the product meets ______.

A) the state-of-the-art
B) the statute of repose
C) comparative fault
D) comparative responsibility
E) assumption of risk

Question 78

Injurious falsehood,a common business tort,is sometimes called ______.

A) false imprisonment
B) duress
C) trade disparagement
D) trade discouragement
E) battery

Question 79

One of the applications of proximate cause doctrine to cases where a plaintiff sues for negligence require:

A) the plaintiff and a defendant to agree to an arbitration.
B) the injury to be caused directly by a defendant's negligence.
C) the injury to be caused by a defendant's comparative fault.
D) the plaintiff to prove a defendant's contributory negligence.
E) a defendant to prove that he or she assumed the risk voluntarily.

Question 80

Under comparative principles,a plaintiff's contributory negligence

A) does not bar recovery.
B) relieves a defendant from any liability for injury to the plaintiff.
C) leads to assumption of the risk.
D) increases the amount of damages to be paid by a defendant.
E) creates a case for only nominal recovery.