Deck 4: Tort Law

Question 1

False imprisonment occurs when a person restrains another intentionally and without justification.

Answer 1

True

Question 2

Fraud occurs only when there is reliance on a statement of opinion.

Answer 2

False

Question 3

Defamation is one person's use of another's name without permission.

Answer 3

False

Question 4

Intentional torts result from the breach of a duty to act reasonably (fault without intent).

Question 5

The courts do not consider legitimate competitive behavior permissible if it results in the breaking of a contract.

Question 6

A common defense to intentional torts against persons is consent.

Question 7

Wrongfully taking personal property without the owner's permission is conversion.

Question 8

The use of a person's likeness for commercial purposes without permission is an invasion of privacy.

Question 9

Disparagement of property is another term for slander of quality.

Question 10

Any lawful contract can potentially form the basis for an action based on wrongful in-terference with a contractual relationship.

Question 11

A failure to return personal property is disparagement of property even if the rightful owner consented to the initial taking.

Question 12

For a tort to be considered intentional,the tortfeasor must have an evil or harmful motive.

Question 13

Statements made by in judicial proceedings are NOT privileged communications and may be the basis for defamation.

Question 14

Very few states have limited the amount of damages that can be awarded in tort cases.

Question 15

A party cannot recover damages for severe emotional distress absent a show-ing of physical injury.

Question 16

To commit an intentional tort,one person must intend to harm a certain person.

Question 17

Through tort law,society compensates those who suffer injuries as a result of others' wrongful conduct.

Question 18

Class-action lawsuits are suits in which a number of persons join together to bring an action.

Question 19

The public disclosure of private facts about a person is an invasion of privacy.

Question 20

If it can be shown that a trespass to land was warranted,a complete defense exists.

Question 21

Proximate cause exists when the connection between an act and an in-jury is strong enough to justify imposing liability.

Question 22

To avoid liability for negligence,a business owner must protect its pa-trons against all risks.

Question 23

Harm must be foreseeable to be considered the proximate cause of an injury in negligence.

Question 24

Louis-larger and stronger than Mica-threatens to hit Mica before hitting and injuring him.Mica files a suit against Louis for assault and battery.Mica will most likely recover for

A)assault and battery.
B)assault but not battery.
C)battery but not assault.
D)neither assault nor battery.

Question 25

An assumption of risk defense does not require that a risk be voluntarily assumed.

Question 26

Under the theory of negligence,the duty of care requires a careless act.

Question 27

The Class Action Fairness Act of 2005

A)shifted jurisdiction over certain class-action lawsuits from the state courts to the federal courts.
B)shifted jurisdiction over certain class-action lawsuits from the federal courts to the state courts.
C)made forum shopping punishable by large fines.
D)limited the amount of damages that could be awarded in a medical malpractice suit.

Question 28

Persons who keep wild animals are strictly liable for any harm inflicted by the animals.

Question 29

To determine whether a duty of care has been breached,a judge asks how a reasonable person would have acted in the same circumstances.

Question 30

Some risks are obvious but that does not necessarily excuse a business owner from the duty to protect customers from foreseeable harm.

Question 31

Ike pushes Joan,who falls and breaks her arm.Ike is liable for the injury

A)if Ike intended to push Joan.
B)only if Ike did not intend to break Joan's arm.
C)only if Ike had a bad motive for pushing Joan.
D)only if Ike intended to break Joan's arm.

Question 32

Under the "danger invites rescue" doctrine,a person who tries to rescue another individual from harm is liable for any injuries to that individual.

Question 33

Mary waits outside Julia's house and hits Julia with a baseball bat as Julia leaves the house.When Julia sues Mary for battery,Mary will be considered

A)a victim.
B)a tortfeasor.
C)a plaintiff.
D)a reasonable person.

Question 34

Under a dram shop act,liability can be imposed without proof of negligence.

Question 35

Failure to live up to a standard of care may be an act or an omission.

Question 36

Liz trespasses on Mega Corporation's property.Through the use of rea-sonable force,Mega's security guard Ned detains Liz until the police ar-rive.Mega is liable for

A)assault.
B)battery.
C)false imprisonment.
D)none of the choices.

Question 37

The extreme risk of an activity is a defense against imposing strict liability.

Question 38

Under the doctrine of comparative negligence,only the plaintiff's negligence is taken into consideration.

Question 39

Self-defense is a defense to negligence.

Question 40

If no harm results from an allegedly negligent act,there is no liability.

Question 41

Cook's Pantry Appliances,a retail store,must use reasonable care on its premises to warn its patrons of

A)all risks.
B)hidden risks.
C)obvious risks.
D)no risks.

Question 42

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity.This is

A)appropriation.
B)conversion.
C)wrongful interference with a contractual relationship.
D)no tort.

Question 43

Jackie distributes a handbill throughout her neighborhood accusing her neighbor Ked of being a convicted sex offender.The statement is defamatory if

A)a neighbor repeats it.
B)Ked suffers emotional distress.
C)the statement is true.
D)the statement is false.

Question 44

Susan takes her car to Ken's repair shop and asks him to fix the car's brakes.Ken completes the work and sends Susan a bill for $100.Susan refuses to pay so Ken refuses to return Susan's car.Susan can probably successfully sue Ken for

A)battery.
B)conversion.
C)trespass to property.
D)none of the choices.

Question 45

Jim is an appliance salesperson.To make a sale,he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is

A)fraud if the statement is the truth.
B)fraud if Jim believes that this statement is not true.
C)fraud if Jim is stating his opinion,not the facts.
D)not fraud.

Question 46

Obie accuses Portia,a broker with QT Financial Services,of fraudulently inducing him to invest in Risky Development Company,whose stock price declines in value.The reliance that gives rise to liability for fraud requires

A)a subjective statement.
B)misrepresentation of a fact knowing that it is false.
C)puffery.
D)seller's talk.

Question 47

Kelly is injured when she slips and falls on Layla's sidewalk.To determine whether Layla owed a duty of care to Kelly,Layla is subject to the standard of

A)a realistic person.
B)a reasonable person.
C)a recognizable person.
D)a reliable person.

Question 48

Roger wants Andy to work late on a project.He tells Andy that the morally correct thing to do is to stay late at the office and work on the project.Andy feels obligated to stay and work late due to the moral pressure from Roger.Andy stays late at the office,even though he does not want to.Andy can sue Roger for

A)false imprisonment.
B)battery.
C)defamation.
D)no tort.

Question 49

Manuel is walking past Thomas's house when he hears a smoke alarm going off.He also hears a child calling for help and sees smoke coming from a window.Manuel rushes into Thomas's house,finds the child and brings it outside.If Thomas sues Manuel for trespass to land,Manuel's defense will probably be

A)assisting someone in danger.
B)consent.
C)self-defense.
D)the reasonable person defense.

Question 50

Bella owns a farm in Colorado.Doyle drives his sport utility vehicle off a highway and onto Bella's land.Doyle commits trespass if he

A)does not have Bella's permission to drive on the property.
B)drives onto the property for recreational purposes.
C)harms the property in a material way.
D)harms the property in any way.

Question 51

Glen falsely accuses Hu of stealing from Island Tours,Inc.,their employer.Glen's statement is NOT defamatory if

A)only Hu hears it.
B)a third party hears it.
C)the statement is published.
D)the statement is a lie.

Question 52

Lizzie,a clerk at a Movies Unlimited store,takes a DVD player from the store without permission.Lizzie is liable for

A)appropriation.
B)benefiting an employee.
C)conversion.
D)wrongful interference with a business relationship.

Question 53

Barbara is selling her car.She knows that the brakes do not work.When a potential buyer asks Barbara if there are any problems with the car,Barbara assures the buyer that there are no problems.The buyer purchases the car based on the assurance that there is nothing wrong with it.Barbara may be liable to the buyer for

A)assault.
B)defamation.
C)fraudulent misrepresentation.
D)invasion of privacy.

Question 54

Nico is a passenger in a car driven by Owen,whose reckless driving causes an accident,injuring himself.Nico,uninjured,accompanies Owen to Parkside Hospital in an ambulance.The ambulance is hit by a car driven by Quin,and Nico is injured.Nico files a suit against Owen,alleging negligence.The element most likely to be a question for the court to decide is

A)causation in fact.
B)proximate cause.
C)the duty of care.
D)the injury requirement.

Question 55

As a joke,Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam.Jem may have committed

A)appropriation.
B)conversion.
C)disparagement of property.
D)trespass to personal property.

Question 56

Jane develops a new color of lipstick.To market her lipstick,Jane uses a computer design program to show a famous model using Jane's lipstick.Jane does not ask the model's permission.The model can sue Jane for

A)battery.
B)fraudulent misredefamation.presentation.
C)defamation.
D)invasion of privacy.

Question 57

In newspaper ads,Lo-Price Autos falsely accuses Hi-Value Vehicles,a competitor,of selling stolen cars.Hi-Value's sales decrease.Lo-Price has most likely committed

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

Question 58

Dom,an EZ Baked Goods salesperson,follows Flora,a salesperson for Goody Pastries,Inc.,as she attempts to make sales to food stores.Dom solicits each of Flora's customers.Dom is most likely liable for wrongful inter-ference with a

A)bargaining relationship.
B)business relationship.
C)contractual relationship.
D)customer relationship.

Question 59

Bette backs out of City Parking Garage,colliding with Dill's car.Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as

A)a blameless person.
B)a faultless person.
C)a realistic person.
D)a reasonable person.

Question 60

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)emotion.
B)fact.
C)illusion.
D)opinion.

Question 61

Duffy is a passenger in a car that Caleb is driving when an accident occurs.Both Caleb and Duffy are emotionally rattled,but neither is physically hurt.Caleb is not liable to Dufy on a negligence theory because

A)both parties were emotionally rattled.
B)Caleb apparently did not intend to cause an accident.
C)Duffy must have been comparatively negligent.
D)Duffy was not injured.

Question 62

Richard is an avid baseball fan and attends baseball games whenever he can.Richard considers himself an expert on all things,including risks,related to baseball.One day a ball flies into the stands,hits Richard in the head and seriously injures him.Richard can probably successfully win a case against the sports stadium based on

A)negligence.
B)breach of duty of care.
C)defamation.
D)none of the choices.

Question 63

Ralph,a van driver for Speedy Delivery Company,causes a multi-vehicle accident on a city street.Ralph and Speedy are liable to

A)all those who were injured.
B)only those who were uninsured.
C)only those whose injuries could have been reasonably foreseen.
D)only those whose vehicles were closest to Ralph's van.

Question 64

Liu enters Mountain Triathlon,an athletic competition in which Liu has never competed.Regarding the risk of injury,Liu assumes the risks

A)attributable to the triathlon in any way.
B)different from the risks normally associated with the triathlon.
C)greater than the risks normally associated with the triathlon.
D)normally associated with the triathlon.

Question 65

A Rhode Island state statute requires machinery in industrial plants to include automatic shut-off switches accessible to each employee working on the machine.Steel Company's equipment does not have the switches.Trudy,a Steel employee,suffers an injury that an accessible shut-off switch would have prevented.Trudy's best theory for recovery is

A)assault.
B)assumption of risk.
C)invasion of privacy.
D)negligence.

Question 66

Jean is playing a video game on a defective disk that melts in her game player,starting a fire that injures her hands.Jean files a suit against K-Tech,Inc.,the game's manufacturer.K-Tech is held liable under the doctrine of strict liability.A significant appli-cation of this doctrine is in the area of

A)cyber torts.
B)intentional torts.
C)product liability.
D)unintentional torts.

Question 67

Precise Engineering Corporation has a contract with Quik Mart Stores to provide customized software for Quik's inventory control system.Retail Outlets,Inc.,Quik's competitor,induces Sam,a Precise subcon-trac-tor who is writing code for the Quik software,to delay delivery of the code for one week.As a result,Precise's delivery of the software is delayed,and Quik sustains $500,000 in lost profits.On what ground could Quik recover damages from Retail Outlets?

Question 68

After two years of research and the investment of considerable funds,Coast-to-Coast Company (CC) develops a new product that it hopes will produce substantial profits.CC learns that a competitor,National Sales,Inc.,has made and begun to sell a nearly identical prod-uct.CC learns from a reliable source that National paid a CC employee to obtain the plans for CC's product while it was in development.What legal re-course does CC have against National?

Question 69

Frank slips and falls on Guy's Harbor Tour Boat and is injured.Frank files a suit against Guy's for $500,000.If Frank is 20 percent at fault and Guy's is 80 percent,under the "50 percent rule" comparative neg-ligence principles,Frank would recover

A)$0.
B)$250,000.
C)$400,000.
D)$500,000.

Question 70

Ichiro is injured in a two-car accident and sues Heather,the driver of the other vehicle,alleging negligence.Heather claims that Ichiro was driving more carelessly than she was.Comparative negligence may reduce Ichiro's recovery

A)even if Ichiro was only slightly at fault.
B)only if Ichiro and Heather were equally at fault.
C)only if Ichiro was less at fault than Heather.
D)only if Ichiro was more at fault than Heather.

Question 71

George has a badly infected right foot.Herb,George's physician,prescribes amputation.George agrees.During the operation,Herb amputates the left foot.In George's suit against Herb,George's best theory for recovery is

A)assumption of risk.
B)negligence per se.
C)res ipsa loquitur.
D)strict liability.

Question 72

An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons.Jack's Fun Park fails to maintain its equipment.Keely,a patron,is injured.Jack's has committed

A)abuse of process.
B)battery.
C)false imprisonment.
D)negligence.