Deck 5: Torts and Strict Liability

Question 1

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

Answer 1

False

Question 2

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

Answer 2

True

Question 3

Disparagement of property is another term for slander of quality.

Answer 3

True

Question 4

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

Question 5

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

Question 6

Self-defense is a defense to an allegation of both assault and battery.

Question 7

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

Question 8

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

Question 9

A party cannot recover damages for severe emotional distress absent a showing of physical injury.

Question 10

The courts consider legitimate competitive behavior permissible only if it does not result in the breaking of a contract.

Question 11

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

Question 12

Defense of others is a defense to an allegation of battery, but not assault.

Question 13

The use of a person's likeness for commercial purposes without permission is appropriation.

Question 14

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

Question 15

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

Question 16

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

Question 17

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

Question 18

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

Question 19

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

Question 20

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

Question 21

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 22

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 23

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

Question 24

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 25

Mary is angry with Julia so she 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)tortfeasor.
C)plaintiff.
D)unreasonable person.

Question 26

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 27

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

Question 28

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

Question 29

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

Question 30

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

Question 31

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

Question 32

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 33

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

Question 34

An Internet service provider cannot be held liable for disseminating others' defamatory remarks.

Question 35

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 36

Self-defense is a defense to negligence.

Question 37

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

Question 38

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

Question 39

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

Question 40

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

Question 41

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 42

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 43

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 44

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 misrepresentation.
C)defamation.
D)appropriation.

Question 45

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 46

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 47

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 48

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 49

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 50

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 51

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 52

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 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.The buyer may be able to sue Barbara for

A)assault.
B)defamation.
C)fraudulent misrepresentation.
D)appropriation.

Question 54

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 55

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 56

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 57

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 58

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 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 holistic person.
D)a reasonable person.

Question 60

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 61

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 62

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 63

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 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

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 66

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 67

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 68

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 subcontractor 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 69

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 product.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 recourse does CC have against National?

Question 70

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.

Question 71

Oakley posts a defamatory remark about Pierre in "Roominate," an online social network maintained by SocNet, Inc., an Internet service provider.Most likely to be held liable for the remark will be

A)Oakley.
B)Pierre.
C)Roominate.
D)SocNet.

Question 72

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 Duffy 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.