Deck 6: A: Intentional Torts and Privacy

Question 1

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

Answer 1

False

Question 2

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

Answer 2

True

Question 3

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

Answer 3

True

Question 4

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

Question 5

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

Question 6

Using the authority of a court,a plaintiff can obtain from an Internet service provider the identity of a person responsible for a defamatory message.

Question 7

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

Question 8

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

Question 9

The purpose of tort law is to punish criminal wrongdoers.

Question 10

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

Question 11

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

Question 12

Puffery is fraud.

Question 13

Defamation involves wrongfully hurting a person's good reputation.

Question 14

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

Question 15

A failure to return personal property is conversion only if the rightful owner did not consent to the initial taking.

Question 16

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

Question 17

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

Question 18

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

Question 19

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

Question 20

Tort is a French word for "wrong."

Question 21

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 22

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 23

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 24

Superior Health Club's mar?keting strate?gies 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 25

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 26

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 27

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 28

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 29

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 30

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 31

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 32

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 33

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 most likely committed

A)appropriation.
B)conversion.
C)intentional infliction of emotional distress.
D)trespass to personal property.

Question 34

Drew 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 35

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 36

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 37

Dian,a clerk at an Entertainment Unlimited store,takes a video game 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 38

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 39

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 40

Louis-larger and stronger than Mica-threatens to hit Mica and then hits and injures 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)not assault or battery.

Question 41

Omega Communications,Inc. ,is an Internet service provider.Product Promotions,Inc. ,spams Omega's customers,some of whom then cancel Omega's services.On what tort theory might Omega recover damages from Product Promotions?