Deck 7: Intentional Torts

Question 1

The Restatement Third, Torts, completed and approved in 2004, covers torts that involve economic loss not resulting from physical harm to persons or property.

Answer 1

False

Question 2

Only the intentional destruction of personal property and not the use of the property in an unauthorized manner can give rise to a cause of action for conversion.

Answer 2

False

Question 3

Under constitutional privilege, a public official or public figure must prove that the defendant published the defamatory and false comment with knowledge of the comment's falsity or in reckless disregard of the truth.

Answer 3

True

Question 4

The law of torts is primarily statutory law.

Question 5

In order to sue for battery, a plaintiff must prove that he or she has received a physical injury.

Question 6

The purpose of tort law is to punish the wrongdoer.

Question 7

Brad doesn't like Carl and especially dislikes Carl's new felt hat, so he intentionally knocks it off Carl's head in order to embarrass Carl.Brad has committed a battery.

Question 8

Arthur offers Bob, an employee of Carol, a yearly salary of $10,000 more than Bob receives under the contractual relationship between Bob and Carol.Arthur knows about the contract between Bob and Carol and knows that the contract should run for another five years, but Arthur badly wants Bob to work for him.Arthur probably is liable to Carol for intentional interference with contractual relations.

Question 9

All conversions are trespasses but not all trespasses are conversions.

Question 10

Each person is legally responsible for the damages proximately caused by his or her tortious conduct, and businesses that conduct activities through employees are also liable for the torts their employees commit in the course of employment.

Question 11

Qualified privilege depends on proper use of the privilege.

Question 12

Moore, an employee of Lewpenski Motors, fraudulently tells Tolson, a prospective car buyer, that the used car he is considering has never been in an accident.If Tolson buys the car in reliance on Moore's false statement, both Moore and Lewpenski Motors are liable to Tolson for damages based on the fraudulent misrepresentation.

Question 13

In only a minority of states a jury may award punitive damages if a defendant's tortious conduct is intentional and outrageous.

Question 14

John and Megan are at a crowded theater.In the press of people exiting the theater, John accidentally steps on Megan's big toe and breaks it.Megan can sue John for the tort of battery.

Question 15

Tim and his friend are playing catch in the back yard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks the window.This is trespass to real property, even if Tim himself does not go onto the property to get the ball.

Question 16

Minors under the age of 18 are not held liable for their intentional torts.

Question 17

Sam goes to the movies one Friday evening.The movie is boring and Sam falls asleep.At 2
a.m., the security guard locks the building.Sam awakens the next morning when the cleaning crew opens the door.Sam can sue for false imprisonment.

Question 18

Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to business interests.

Question 19

Al, the bus driver on a cross-country Greyhound, kisses Susie, a passenger, while she sleeps.Al could be sued for battery.

Question 20

The same act can be both a tort and a crime.

Question 21

The terms "nuisance" and "trespass to real property" refer to the same tort.

Question 22

For purposes of defamation, a publication includes non-written, verbal communication to third parties.

Question 23

Defenses of absolute, conditional, and constitutional privilege apply to defamation and also to publication of any matter that is an invasion of privacy.

Question 24

Malicious prosecution and wrongful civil proceedings impose liability for damages caused by improperly brought proceedings, including harm to reputation, credit, or standing, emotional distress, and expenses of defense.

Question 25

A letter sent to someone falsely accusing her of being a murderer constitutes the tort of defamation.

Question 26

Intentional infliction of emotional distress will protect a person from rudeness if the conduct was intended to cause emotional distress.

Question 27

Intent, as used in tort law, requires an evil motive.

Question 28

In the Ferrell v.Mikula case, the court of appeals held that the essential elements of a false imprisonment action are detention and its unlawfulness, but that malice and want of probable cause need not be shown.

Question 29

Infliction of emotional distress occurs when a person by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person.

Question 30

Invasion of privacy is in reality a collection of four distinct torts.

Question 31

Punitive damages is a term referring to damages that will merely compensate victims for the harm they have suffered, but will cost defendants more money than they have.

Question 32

The cause of action of infliction of emotional distress protects a person from abusive language by a supervisor.

Question 33

A person cannot be guilty of trespass unless he or she intended to violate the other's rights.

Question 34

The tort of defamation is best defined as the unreasonable public disclosure of private facts.

Question 35

For purposes of intentional torts, a person can have the intent to cause harm if he believes the harm is substantially certain to occur even if he or she doesn't desire that such harm occur.

Question 36

The law of torts reallocates losses caused by human misconduct.

Question 37

To help sell the product, a book publisher used a well-known commentator's name and her quote on the back book jacket of a new release without the commentator's knowledge or permission.No tort was involved since there was no injury to anyone.

Question 38

The tort of appropriation protects a person's exclusive right to exploit the value of her identify.

Question 39

The law provides no protection from harm to a person's right of dignity.

Question 40

Pointing an unloaded gun at someone who believes it is loaded and threatening to shoot constitutes an assault.

Question 41

Tim and Steve are roughhousing in Tim's parents' front yard when Steve intentionally pushes Tim onto the neighbor's property.In this case:

A)Tim is a trespasser.
B)Steve is a trespasser.
C)Tim and Steve are both trespassers.
D)None of the above.

Question 42

The tort of __________ is a false communication, which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.

A)false light
B)intrusion
C)defamation
D)disparagement

Question 43

The tort of false light imposes liability if the matter in question is objectionable to a reasonable person, but is not necessarily defamatory.

Question 44

The major distinction between trespass to personal property and conversion is whether the exercise of dominion or control was intentional.

Question 45

The Hometown News snapped a picture of Tim as he was sleeping under a tree in the park on a warm spring day.They printed the picture on the front page of the paper.The Hometown News is guilty of:

A)intrusion.
B)false light.
C)appropriation.
D)It is unlikely that the Hometown News is guilty of any tort.

Question 46

Barnhart, an employer in control of an electronic bulletin board, is protected under the Communications Decency Act from liability for online defamatory statements made by employees.

Question 47

Which of the following can be raised as a defense to a claim of defamation?

A)That the Internet service provider was publishing information originating from a third party.
B)That there was a constitutional privilege to comment about the plaintiff who is a public figure and that the statement was made without malice.
C)That there was a conditional privilege to publish a defamatory statement in order to protect a legitimate self-interest.
D)All of the above.

Question 48

Franco has the permission of George to walk across his yard on the way to school.If Franco brings twenty of his friends across the yard, and they stop to play ball:

A)Franco is not guilty of trespass to real property, because he had George's permission to cross the yard.
B)Franco's friends are not guilty of trespass to real property, because they were with Franco.
C)Franco is guilty of trespass to real property, because he walked across the yard.
D)Franco and his friends are guilty of trespass to real property, because they played ball in George's yard.

Question 49

In some instances the same facts will give rise to an action for both false light and defamation.

Question 50

One of the principal objectives of tort law is to prevent future harms and losses.

Question 51

Smith, a witness in a lawsuit against Weaver, made a defamatory statement about Weaver at trial because she was jealous of Weaver and wanted her to be found guilty.Smith has the absolute privilege to make such a statement, so Weaver cannot successfully sue Smith for defamation.

Question 52

All batteries are immediately preceded by an assault.

Question 53

Unauthorized use of another person's name for one's own benefit is an invasion of the person's right to privacy.

Question 54

Tort law gives persons relief from civil wrongs or injuries to their person and property but not their economic interests.

Question 55

The tort of nuisance includes only the trespassory invasion of real property.

Question 56

Misuse of procedure can occur even when the plaintiff succeeds in the litigation.

Question 57

A major difference between trespass to personal property and conversion is that the latter does not require intent to harm whereas trespass does.

Question 58

A privilege may result in immunity from tort liability.

Question 59

Tort liability is civil liability that is voluntarily assumed.

Question 60

A defamatory communication that is spoken or oral is designated as libel.

Question 61

Arnold wrote a defamatory letter regarding Bill which he did not show to anyone, but which he posted on a bulletin board in the laundromat.Arnold has committed:

A)the tort of slander.
B)the tort of libel.
C)neither libel nor slander, because there has been no publication of the letter.
D)the tort of false light.

Question 62

Anita included Bob's name and photograph in a list of the FBI's top ten criminals.Bob has never been convicted of any crime and is horrified by the thought of being considered a criminal.Anita's action:

A)is defamation.
B)is false light.
C)is nuisance.
D)could be either defamation or false light.

Question 63

In the Philip Morris USA v.Williams case, the U.S.Supreme Court held that:

A)the Due Process Clause forbids a state from using a punitive damages award to punish a defendant for injury it inflicts on nonparties.
B)courts may not award punitive damages in negligence cases; the defendant must have acted purposefully.
C)the punitive damage award was "grossly excessive" in this case.
D)punitive damages serve a narrower function than compensatory damages.

Question 64

Which one of the following is NOT one of the torts included within invasion of privacy?

A)Nuisance.
B)Intrusion.
C)Appropriation.
D)False light.

Question 65

The intentional dispossession or unauthorized use of the personal property of another is known as:

A)conversion.
B)trespass to personal property.
C)fraud.
D)stealing.

Question 66

Cameron doesn't like Bradley, so at a cocktail party he spread untrue rumors about Bradley's lifestyle.These rumors harm Bradley's reputation in the community.Cameron:

A)is guilty of libel.
B)is guilty of slander.
C)cannot be subject to a defamation suit brought by Bradley.
D)is protected by the First Amendment to the Constitution.

Question 67

Harms or injuries that are tortious may be inflicted:

A)intentionally.
B)negligently.
C)without fault.
D)In all of the above ways.

Question 68

The tort of public disclosure of private facts requires:

A)publication.
B)private information about either an individual or a corporation.
C)a false statement.
D)that the matter made public would be highly offensive and objectionable to a reasonable person.

Question 69

Most states have statutes protecting merchants from charges of false imprisonment when detaining suspected shoplifters as long as the merchant detains the suspect:

A)without physical discomfort.
B)with probable cause, in a reasonable manner, and for not more than a reasonable time.
C)for no more than 30 minutes.
D)in a way that will not cause embarrassment or physical injury to the suspect.

Question 70

A radio communication that meets the test of defamation may also be categorized as:

A)false light.
B)slander.
C)libel.
D)intrusion.

Question 71

Litigation for the tort of disparagement may include:

A)a demand for those monetary losses that indirectly result from the impairment of the marketability of the property disparaged.
B)a demand for expenses for the cost of notifying customers of the falsity of the publication.
C)Both (a) and (b).
D)None of the above.

Question 72

Invasion of privacy consists of:

A)appropriation.
B)intrusion.
C)public disclosure of private facts.
D)All of the above are invasions of privacy.

Question 73

Bodily contact that is harmful or offensive can give rise to the tort of:

A)assault.
B)battery.
C)defamation.
D)appropriation.

Question 74

Ashley wrote a defamatory letter regarding Brian which she mailed to Brian, but which she did not show to anyone else.Ashley has committed:

A)the tort of slander.
B)the tort of libel.
C)neither libel nor slander, because there has been no publication of the letter.
D)the tort of false light.

Question 75

Two absolute defenses to the tort of defamation are:

A)truth and self-defense.
B)truth and privilege.
C)privilege and self-defense.
D)truth and defense of property.

Question 76

Arthur fires a gun in the middle of the desert.He intends to fire the gun, but has no reason to believe anyone else is in the area.If the bullet hits Bob, who happens to be riding his ATV across the desert:

A)Arthur has committed the tort of assault.
B)Arthur has committed the tort of battery.
C)it is unlikely that Arthur has the necessary intent to commit a tort.
D)Arthur has committed the tort of intentional infliction of emotional distress.

Question 77

Three torts comprise the misuse of legal procedure.They include:

A)malicious prosecution.
B)slanderous prosecution.
C)fraudulent misrepresentation.
D)All of the above.

Question 78

Which of the following is not a principal objective of tort law?

A)To compensate persons who sustain harm or loss resulting from another's conduct.
B)To punish the person who committed the tort.
C)To place the cost of compensating victims only on those parties who should bear it.
D)To prevent future harms and losses.

Question 79

With respect to the tort of conversion, which of the following statements is true?

A)Conversion is an intentional exercise of dominion over another's real property that so seriously interferes with the right of control as to justly require the payment of damages.
B)All conversions are nuisances.
C)All trespasses are conversions.
D)None of the above.

Question 80

Mark threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim.The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office.Mark:

A)cannot be liable to the secretary for any torts because he did not intend to hurt her.
B)can be sued by the secretary for her injuries based on an intentional tort cause of action because Mark's intent to harm the agent is transferred to the secretary.
C)has committed a crime, but he is not liable for any torts.
D)has committed the tort of intrusion.