Deck 12: Torts and Cyber Torts

Question 1

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

Answer 1

True

Question 2

False imprisonment is a legal term for "privilege to detain."

Answer 2

False

Question 3

Some risks are obvious but,with respect to the duty of care required to establish negligence,a warning is always necessary.

Answer 3

False

Question 4

A person may not be liable for a defamatory statement if he or she enjoys a privilege.

Question 5

The purpose of tort law is to punish criminal wrongdoers.

Question 6

Competitive behavior is wrongful interference if it results in the breaking of a contract.

Question 7

A business that invites persons to come onto its premises is charged with a duty to exercise reasonable care to protect those invitees.

Question 8

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

Question 9

Causation in fact exists if an injury would not have occurred without the defendant's act.

Question 10

Repeated annoyances coupled with threats are sufficient to recover for the infliction of emotional distress.

Question 11

Assumption of risk can be raised as a defense in a negligence suit.

Question 12

Negligence per se may occur on the violation of a statute.

Question 13

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

Question 14

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

Question 15

Defense of others is a defense to an allegation of battery.

Question 16

The law establishes limits to liability for negligence through the concept of proximate cause.

Question 17

In many states,the plaintiff's negligence is a defense that may be raised in a negligence suit.

Question 18

Malicious prosecution can occur if a party initiates a lawsuit out of malice.

Question 19

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

Question 20

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

Question 21

Levon leaves his truck at MakeRight Vehicle Shop for repair.When Levon refuses to pay for the work,MakeRight refuses to give him possession of the truck.MakeRight has committed

A)malicious prosecution.
B)no tort.
C)trespass to personal property.
D)wrongful interference with a contractual relationship.

Question 22

Superior Health Club's marketing strategies entice many of Tone-Up Exercise Club's members to change clubs.After less than a year in business,Superior surpasses Tone-Up in numbers of members.Superior is liable for

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

Question 23

Hilliard,a clerk at a Games Unlimited store,takes a video game player from the store without permission.Hilliard is liable for

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

Question 24

Pier shops in a Rowdy Ranch & Farm Store store.Enticed by a display,Pier takes an item to examine it and,when she is done,places it on the floor.Tanner,a consumer enticed by the same display,does not see the item on the floor,trips over it,falls,and suffers an injury.With respect to the danger,Rowdy had

A)a duty to advise its patrons that they assume all such risks.
B)a duty to discover and remove the hazard.
C)a duty to carry insurance to cover such risks.
D)no duty.

Question 25

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 26

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

A)appropriation.
B)wrongful interference with a business relationship.
C)intentional infliction of ethical distress.
D)conversion.

Question 27

Leo slips and falls in Mornin' Breakfast Café and is injured.Leo files a suit against Mornin' for $50,000.If Leo is 20 percent at fault and Mornin' is 80 percent,under a contributory negligence doctrine,Leo would recover

A)$0.
B)$25,000.
C)$40,000.
D)$50,000.

Question 28

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

A)a subjective,not an objective,statement.
B)misrepresentation of a fact knowing that it is false.
C)puffery.
D)seller's talk.

Question 29

Oak Valley Mall contains two video game stores,Pirates Pick and Game Quest.Pirates's manager Ryan stands in the mall near Game Quest's entrance to divert customers to his store.Game Quest's manager Sara asks Ryan to leave.He refuses.Ryan has committed

A)conversion.
B)no tort.
C)trespass to land.
D)wrongful interference with a business relationship.

Question 30

A Rhode Island state statute imposes fines on tire repair businesses whose pneumatic equipment does not include automatic shut-off switches to protect employees.Bob's Brakes & Tires,Inc. ,does not have the switches on its equipment.Carter,a Bob's employee,suffers an injury that a shut-off switch would have prevented.Carter's best theory for recovery is

A)assumption of risk.
B)a dram shop act.
C)a Good Samaritan statute.
D)negligence per se.

Question 31

Nesbit publishes in a newspaper an account of the sex life of Merinda,who is not a public figure.The information is true.This is most likely

A)an invasion of privacy.
B)defamation.
C)trespass to personal property.
D)wrongful interference with a contractual relationship.

Question 32

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

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

Question 33

Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident,and Elin is injured.Liability may be imposed on Dirk for Elin's injury if Dirk's driving is

A)neither the causation in fact nor the proximate cause of the injury.
B)only the causation in fact of the injury.
C)only the proximate cause of the injury.
D)the causation in fact and the proximate cause of the injury.

Question 34

Teresa is a celebrity.Without her permission,Sinclair Enterprises includes in an ad an image that resembles her.Sinclair does not use Teresa's name or actual likeness.This is most likely

A)appropriation.
B)conversion.
C)no tort.
D)slander of quality.

Question 35

Field Trenchers Inc.initiates a lawsuit against its competitor Master Excavators Inc.out of malice and without probable cause.Master suffers a loss of profits due to the litigation,but Field loses the suit.Field is most likely liable for

A)abuse of process.
B)malicious prosecution.
C)no tort.
D)wrongful interference with a business relationship.

Question 36

Taylor slips and falls in Urban Mall and is injured.She files a suit against the mall for $500,000.Under a "pure" comparative negligence rule,Taylor could recover damages

A)only if both parties were equally at fault.
B)only if Taylor was less than 50 percent at fault.
C)only if Taylor was more than 51 percent at fault.
D)under any circumstances.

Question 37

Molly shoots Norm with Opal's pistol.The proximate cause of Norm being shot is most likely attributable to

A)Molly and Opal.
B)Molly only.
C)Opal only.
D)neither Molly nor Opal.

Question 38

Federico enters Gunther's property to read an electric meter.Gunther charges Federico with trespass to land.Federico has

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

Question 39

Drake pushes Evon into the path of an oncoming car driven by Flip.Gina tries to rescue Evon,but the car hits both of them.Drake is liable for the injuries of

A)Evon and Gina.
B)Evon only.
C)Gina only.
D)neither Evon nor Gina.

Question 40

Joe sees Karo floundering in Lake Rough Waters.Joe is liable on the ground of negligence

A)if Joe attempts to rescue Karo and Karo drowns.
B)if Joe does not attempt to rescue Karo and Karo drowns.
C)if Joe does not attempt to rescue Karo whether or not Karo drowns.
D)under no circumstances.

Question 41

Stanford Engineering,Inc. ,and Cornell Code Corporation market competitive software products.Stanford launches an advertising campaign claiming that Cornell,instead of testing its software before it is marketed,has its customers "test" the software by using it.Cornell knows this is not true but begins to lose sales to Stanford.On what grounds could Cornell sue Stanford for injury to Cornell's reputation?

Question 42

A water pipe bursts,flooding an Invidious Workplace Company utility room and tripping the circuit breakers on a panel in the room.Invidious contacts Jordan,a licensed electrician with five years experience,to check the damage and turn the breakers back on.Without testing for short circuits,which Jordan knows that she should do,she tries to switch on a breaker.Jordan is electrocuted and disabled,but survives to sue Invidious for damages,alleging negligence.What might Invidious claim in defense?