Deck 4: Torts and Cyber Torts

Question 1

Good intention is a complete defense to conversion.

Answer 1

False

Question 2

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

Answer 2

True

Question 3

Disparagement of property is another term for slander of quality.

Answer 3

True

Question 4

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

Question 5

The public disclosure of private facts about a person is not an invasion of privacy if it is done without the person's knowledge or consent.

Question 6

If an actor's conduct creates no risk,there is no negligence.

Question 7

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

Question 8

Tortfeasor is the term for a person who commits a tort.

Question 9

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

Question 10

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

Question 11

Punitive damages are intended to punish a wrongdoer and deter others.

Question 12

Publishing false information about another's product is conversion.

Question 13

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

Question 14

The purpose of tort law is to provide remedies when various protected interests have been invaded.

Question 15

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

Question 16

An individual's right to privacy includes the exclusive use of his or her identity.

Question 17

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

Question 18

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

Question 19

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

Question 20

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

Question 21

For purposes of establishing negligence,causation in fact exists if an injury would have occurred even without the defendant's act.

Question 22

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

Question 23

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

Question 24

Glen falsely accuses Hu of stealing from Island Tours,Inc. ,their employer.Glen's statement is defamatory only if

A)a third party hears it.
B)Hu has not been caught.
C)the statement is puffery.
D)the statement is true.

Question 25

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 26

Under the doctrine of comparative negligence,both the plaintiff's and the defendant's negligence are taken into consideration.

Question 27

The extreme risk of an activity is a primary basis for imposing strict liability.

Question 28

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

Question 29

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

Question 30

An Internet service provider cannot be held liable for disseminating defamatory remarks under any circumstances.

Question 31

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

Question 32

Dru tells his Excel Company coworkers that Fiona,Excel's office manager,is stealing from their employer.The statement is defamatory only if

A)a coworker believes it.
B)Fiona feels as if she were falsely imprisoned.
C)the statement is true.
D)the statement is false.

Question 33

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

Question 34

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

Question 35

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 36

Self-defense is a defense to negligence.

Question 37

Under the doctrine of strict liability,liability is imposed strictly according to fault.

Question 38

Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.

Question 39

Jaqy distributes a handbill among her neighbors accusing one of them-Ked-of being a convicted sex offender.The statement is defamatory only if

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

Question 40

The doctrine of negligence per se applies if an event causing harm does not normally occur in the absence of negligence.

Question 41

Lew angrily accuses Mandy,a broker with New Financial Services,of fraudulently inducing him to invest in Open Pit Oil Company,whose wells are dry.The reliance that gives rise to liability for fraud is normally based on a statement of

A)emotion.
B)fact.
C)opinion.
D)puffery.

Question 42

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

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

Question 43

Toni files a suit against Universal Media Corporation for defamation.Actual malice must be shown for recovery of damages if Toni is

A)a corporate officer.
B)a non-employee.
C)a private individual.
D)a public figure.

Question 44

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 interference with

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

Question 45

Reaching for a bottle of soda from a display in a Bargain Mart store,Cody slips in a puddle of spilled soda and falls,suffering an injury.Bargain Mart's employees are not aware of the spilled soda until Cody falls.In a suit against Bargain Mart,Cody will most likely

A)lose,because Bargain Mart's employees were not aware of the spill.
B)lose,because Cody should have exercised more care.
C)win,because Bargain Mart can recover from the soda bottler.
D)win,because the spilled soda was foreseeable.

Question 46

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 47

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 48

Liz trespasses on Mega Corporation's property.Through the use of reasonable force,Mega's security guard Ned detains Liz until the police arrive.Mega is liable for

A)assault and battery.
B)false imprisonment.
C)intentional infliction of emotional distress.
D)none of the choices.

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

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

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 52

Dian,a clerk at an Entertainment Unlimited store,takes a DVD player from the store without permission.Dian is liable for

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

Question 53

Sam,an engineer,supervises the construction of a new bridge.When the bridge collapses due to faulty construction,Sam is sued by those injured in the collapse.As a professional,Sam is held to the same standard of care as

A)ordinary persons.
B)other engineers.
C)other professionals,including doctors,dentists,and lawyers.
D)those injured in the collapse of the bridge.

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)none of the choices.

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)intentional infliction of emotional distress.
D)trespass to personal property.

Question 56

Leon files a suit against Moira,a medical doctor,alleging negligence.As a physician,Moira is held to the standard of

A)a blameless individual.
B a faultless ordinary person.
C)a reliable professional.
D)a reasonable physician.

Question 57

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 58

Joy invites Ken into her apartment.Ken commits trespass to land if he

A)enters the apartment with fraudulent intent.
B)harms the apartment in any way.
C)makes disparaging remarks about Joy to others.
D)refuses to leave when Joy asks him to go.

Question 59

In newspaper ads,Lo-Price Autos falsely accuses My-T Value Vehicles,a competitor,of selling stolen cars.My-T'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 60

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 reliable person.
D)a reasonable person.

Question 61

Drake pushes Evon into the path of an oncoming car driven by Flip.Gina tries to rescue Evon.Drake is liable for any injuries to

A)Evon and Flip but not Gina.
B)Evon and Gina but not Flip.
C)Evon,Flip,and Gina.
D)none of the parties.

Question 62

Jean is playing a computer game on a bad disk that melts in her drive,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 application of this doctrine is in the area of

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

Question 63

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.Key,a patron,is injured.Jack's has committed

A)a dram shop act.
B)contributory negligence.
C)negligence per se.
D)res ipsa loquitur.

Question 64

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 is

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

Question 65

Nico is a passenger in a car driven by Owen,whose negligence 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,injuring Nico.Nico files a suit against Owen,whose best defense is

A)assumption of risk.
B)contributory negligence.
C)negligence per se.
D)superseding cause.

Question 66

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 67

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

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

Question 68

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 negligence principles,Frank would recover

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

Question 69

After two years of research and an investment of a substantial amount of money,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 when it was in development.What legal recourse does CC have against National?

Question 70

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 71

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 72

Clyde enters Desert Decathlon,an athletic competition in which Clyde has often competed.Regarding the risk of injury,Clyde assumes the risks

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