Deck 6: Intentional Torts

Question 1

An unauthorized scan of a bank account cannot be an invasion of privacy.

Answer 1

False

Question 2

An illegal search can be an invasion of privacy.

Answer 2

True

Question 3

False imprisonment occurs when a person is restrained by another intentionally and without justification.

Answer 3

True

Question 4

Tort is a French word for "wrong."

Question 5

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

Question 6

The purpose of tort law is to punish criminal wrongdoers.

Question 7

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

Question 8

Tort is a French word for "court."

Question 9

To commit an intentional tort, a person must intend to perform an act that causes harm.

Question 10

A written defamatory statement must be communicated to a third party to be actionable.

Question 11

One cannot recover damages for severe emotional distress absent a show?ing of per?sonal injury.

Question 12

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

Question 13

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

Question 14

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

Question 15

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

Question 16

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

Question 17

Defamation involves wrongfully hurting a person's good reputation.

Question 18

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

Question 19

Slander involves the oral communication of defamatory language.

Question 20

False imprisonment is a tort only if the confinement or restraint is justified.

Question 21

Unintentionally causing a party to break a contract may constitute wrong?ful interference with a contractual relationship.

Question 22

If a person believes that he or she is entitled to certain goods, the tort of conversion cannot occur even if the belief is mistaken.

Question 23

The use of a person's likeness for commercial purposes without permis?sion is not an invasion of privacy.

Question 24

An artisan's lien is a defense to a charge of trespass to personal property.

Question 25

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

Question 26

There are no statutes regulating the use of spam.

Question 27

Publishing false information about another's product is conversion.

Question 28

Federal law prohibits sending unsolicited commercial e-mail to randomly generated e-mail addresses.

Question 29

Bona fide competitive behavior can constitute wrongful interference with a contractual relationship.

Question 30

Publishing false information about another's product is trade libel.

Question 31

Disparagement of property is another term for appropriation.

Question 32

An Internet service provider is not normally liable for its users' defamatory remarks.

Question 33

Normally, fraud occurs only when there is reliance on a statement of truth.

Question 34

To commit trespass to land, a person must harm the land.

Question 35

Puffery is fraud.

Question 36

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

Question 37

An Internet service provider cannot be held liable in tort for disseminating his or her own defamatory remarks.

Question 38

Federal law permits the use of unsolicited commercial e-mail but prohibits certain types of spamming activities.

Question 39

Bob pushes Carol. Carol falls and breaks her arm. Bob is liable for the injury

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

Question 40

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

Question 41

Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass only 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 42

Lew angrily accuses Meg, 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 43

Great Tans, Inc., uses, in its radio ads, a recording by Holly, who owns the rights, without paying for the use. Over time, the song comes to be asso?ci?ated with Great Tans. In Holly's suit against Great Tans, the firm is most likely liable for

A) appropriation.
B) conversion.
C) wrongful interference with a customary relationship.
D) none of the choices.

Question 44

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 45

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 46

Clem, a Delite Dairy salesperson, follows Edna, a salesperson for Festive Foods, a Delite competitor, as Edna visits stores to make sales. Clem solicits each of Edna's customers. Clem is most likely liable for

A) conversion.
B) trespass to personal property.
C) wrongful interference with a business relationship.
D) none of the choices.

Question 47

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 48

Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina

A) did not actually shoplift.
B) had not shoplifted in the past.
C) had probable cause to leave the premises.
D) was detained for an unreasonably long time.

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

Jane enters onto Sam's property to help someone in danger. If Sam charges Jane with trespass to land, Jane has

A) no defense.
B) a possible defense.
C) a partial defense.
D) a complete defense.

Question 51

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 52

Best Computers, a computer store, takes unethical steps to divert the customers of Cyber Goods, an adjacent competing store. Best may be liable for

A) appropriation.
B) wrongful interference with a business relationship.
C) wrongful interference with a contractual relationship.
D) none of the choices.

Question 53

Variety Auto Maker, Inc., uses, in its television ads, a recording by Wendy. For this use, Variety pays a fee to the owner of the rights to the recording. Over time, the song comes to be associated with Variety's products. Wendy re?sents this association and sues Variety. Variety has committed

A) appropriation.
B) wrongful interference with a business relationship.
C) wrongful interference with a contractual relationship.
D) none of the choices.

Question 54

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 suffers emotional distress.
C) the statement is true.
D) the statement is false.

Question 55

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) a business relationship.
C) a contractual relationship.
D) a customer relationship.

Question 56

At Scrumptious Cafe, Tyler believes that he was overcharged and shoves Uma, a waiter. Uma sues Tyler, alleging that the shove was a battery. Tyler is liable if

A) Scrumptious did not overcharge Tyler.
B) the shove was offensive.
C) Tyler acted out of malice.
D) Uma did not wait on Tyler.

Question 57

Ann believes that Burt is about to hit her. To prevent harmful contact in this situation, Ann may use

A) any force.
B) any force, except force that is likely to cause death.
C) force that is reasonably necessary.
D) no force.

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

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 60

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 61

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

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

Question 62

April posts a defamatory note about Brad in an online newsgroup maintained by Comp Online, Inc., an Internet service provider. Most likely to be held liable for the remark is

A) April and Comp USA.
B) April only.
C) Comp USA only.
D) neither April nor Comp USA.

Question 63

Elin participates in an off-road vehicle race on Freedom Ranch land, with Freedom's consent for the two days of the race. During the race, Elin's vehicle breaks down. She leaves it on Freedom's land for ten days before removing it. Elin has committed

A) trespass to invitation.
B) trespass to land.
C) trespass to personal property.
D) none of the choices.

Question 64

Phil invites Quinn onto his land. Quinn commits trespass if

A) Phil asks Quinn to leave and Quinn refuses.
B) Quinn enters the property in the evening.
C) Quinn makes disparaging remarks about Phil to third parties.
D) the property is damaged during the visit.

Question 65

Macro, Inc., believes that NuCode Corporation is using Macro's trade secrets on NuCode's server. Macro removes the server from the premises of Online Service Company (a third party) without NuCode's consent. Macro's most likely successful defense against a charge of conversion would be

A) good intention.
B) mistaken belief.
C) necessity.
D) privilege.

Question 66

Fred files a suit against Gail for conversion of property that Fred asserts he owns. Gail will not be liable if she can show that

A) Fred does not intend to use the property.
B) Fred has no interest in the property. c Gail has no interest in the property.
D) Gail intended to return the property.

Question 67

Delta Corporation uses a bot to continually comb the Web site of Gamma, Inc., for information and its updates. Under the reasoning of the court in Case 6.2, Register.com, Inc. v. Verio, Inc., if Delta has committed a tort, it is most likely because

A) Delta got caught.
B) Delta's activities could lead to a crash of Gamma's computer system.
C) Gamma did not foresee this use of a bot.
D) Gamma's activities led to Delta's use of this bot.

Question 68

Bill enters onto Cindy's property to help Dora, who is in danger. Cindy charges Bill with trespass to land. Bill has

A) a complete defense.
B) a partial defense.
C) a possible defense.
D) no defense.

Question 69

Copy Cat, Inc., uses a bot to continually comb the Web site of Deals Galore Company. In line with the decision of the court in Case 6.2, Register.com, Inc. v. Verio, Inc., Copy Cat has most likely committed

A) assault.
B) conversion.
C) trespass to personal property.
D) no tort.

Question 70

Quin, a clerk at PC Computer Store, takes a computer from the store without PC's permission. Quin is liable for conversion

A) if he damages the computer.
B) if he does not have a good reason for taking the computer.
C) if he fails to prevent a theft of the computer from his possession.
D) under any circumstances.

Question 71

City Times, a newspaper, knowingly publishes an article falsely stating that the inventory of Walco, a discount store, consists of stolen goods. City Times is liable for

A) defamatory mischief.
B) malicious mischief.
C) slander of quality.
D) slander of title.

Question 72

As a joke, Fran hides Gary's business law textbook so that he cannot find it during the week before the exam. Fran is liable for

A) appropriation.
B) disparagement of property.
C) trespass to personal property.
D) wrongful interference with a business relationship.

Question 73

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

A) appropriation.
B) conversion.
C) disparagement of property.
D) wrongful interference with a business relationship.

Question 74

Ian steals a business law textbook from Jules. Kris, who does not know that the book is stolen, buys it from Ian. Kris has committed

A) conversion.
B) disparagement of property.
C) no tort.
D) wrongful interference with a business relationship.

Question 75

Direct Marketing, Inc., floods the e-mail boxes of the employees of Eagle Products Corporation with unsolicited ads to the extent that the employees cannot e-mail each other. Direct has most likely committed

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

Question 76

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 77

In newspaper ads, Little Used Autos falsely accuses Mighty Value Vehicles, a competitor, of selling stolen cars. Mighty's sales decrease. Little 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 78

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 79

Beta Services (BS) is an Internet service provider. On a BS online bulletin board, Carl, a BS customer, posts a defamatory remark about Delta Company. Delta could successfully file a suit against

A) BS only.
B) BS or Carl.
C) Carl only.
D) neither BS nor Carl.

Question 80

Cody writes a defamatory article about Delia. The article is disseminated through the print media, via newspapers, and online, via an Internet service provider (ISP). Most likely to be liable for the article are Cody and

A) neither the ISP nor the newspapers.
B) the ISP and the newspapers.
C) the ISP only.
D) the newspapers only.