Question 1

A disparagement is an untrue statement made by one person or business about the products, services, property, or reputation of another business.

Accepted Answer

A disparagement is specifically an untrue statement made about another business.

Question 2

Reasonable person standard is a test used to determine whether a tort is intentional or unintentional.

Accepted Answer

The reasonable person standard is used to determine whether the defendant's actions were negligent or not, not whether a tort was intentional or unintentional. Intentional torts involve a deliberate act with the intent to cause harm, whereas unintentional torts involve an act that causes harm but was not intended.

Question 3

A threat of future harm or moral pressure is not considered false imprisonment.

Accepted Answer

A threat of future harm or moral pressure does not physically restrain or confine a person, and therefore does not meet the legal definition of false imprisonment.

Question 4

If the defendant's act caused the plaintiff's injuries, there is causation in fact

Accepted Answer

This statement is true. Causation in fact, also known as actual causation, refers to the idea that the defendant's conduct was the cause-in-fact of the plaintiff's injury. In other words, the injury would not have occurred "but for" the defendant's actions.

Question 5

If a person did not have knowledge that his representation of facts was false, he is still liable for fraud.

Accepted Answer

For a claim of fraud to be valid, there must be an intention to deceive. If a person genuinely believed their representation was true, they cannot be held liable for fraud due to the lack of fraudulent intent.

Question 6

Intentional misrepresentation occurs when a wrongdoer deceives another person out of money, property, or something else of value.

Accepted Answer

Intentional misrepresentation, also known as fraud or deceit, involves deliberate deception for financial gain. It can include lying, concealing information, or making false promises to induce someone to give up something of value.

Question 7

Assault and battery are mutually exclusive torts that do not occur together.

Accepted Answer

Assault and battery can occur together or separately. Assault is the act of threatening someone with bodily harm or attempting to cause fear of bodily harm, while battery is the actual physical contact with another person that results in harm or offense. It is possible for someone to commit assault without committing battery and vice versa, but it is also possible for both torts to occur in the same incident.

Question 8

John watches his brother being killed in a road accident. The perpetrator was driving under the influence of alcohol. John can recover damages for negligent infliction of emotional distress for the mental trauma he suffered from watching his brother die.

Accepted Answer

John can recover damages for negligent infliction of emotional distress as he witnessed the accident and suffered mental trauma from it. The fact that the perpetrator was driving under the influence of alcohol strengthens John's case.

Question 9

Direct physical contact, such as intentionally hitting someone with a fist, is considered battery.

Accepted Answer

Direct physical contact intended to harm or offend someone is considered battery.

Question 10

If a magazine publishes a false statement about a public personality, it is liable for invasion of the right to privacy.

Accepted Answer

A false statement published about a public personality would fall under defamation, not invasion of privacy. Invasion of privacy pertains to the unauthorized disclosure of personal information or intrusion into someone's private life.

Question 11

Causation in fact refers to a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

Accepted Answer

Causation in fact is the concept that the negligent party's actions were the actual cause of the harm or damage suffered by the victim. It does not refer to a point where the negligent party is no longer legally responsible for the consequences of their actions.

Question 12

If a plaintiff is injured, the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

Accepted Answer

The damages recoverable in a personal injury case depend on the impact of the injury on the plaintiff's life, including medical bills, lost wages, pain and suffering, and other related expenses. The severity of the injury and its impact on the plaintiff's ability to work or perform daily activities can also affect the amount of damages awarded.

Question 13

Jessica files a frivolous lawsuit against Thomas claiming emotional distress because he plucked flowers from her garden without her permission. The judge exonerates Thomas who can now sue Jessica for malicious prosecution.

Accepted Answer

This is because Jessica filed a frivolous lawsuit and the judge exonerated Thomas, meaning that he was found not liable for the emotional distress that Jessica claimed. As a result, Thomas can now sue Jessica for malicious prosecution.

Question 14

Disparagement refers to the liability of a professional who breaches his or her duty of ordinary care.

Accepted Answer

Disparagement refers to making untrue statements that harm the reputation of another person or business. It is not related to the liability of a professional who breaches their duty of ordinary care, which falls under the legal concept of malpractice.

Question 15

If a newspaper review calls a commercially successful actor talentless, it is liable for defamation of character.

Accepted Answer

Opinions expressed in a newspaper review are generally considered protected speech under the First Amendment, even if they are negative. As long as the review does not make false factual statements about the actor's abilities or character, it is not considered defamation. Additionally, the actor would have to prove that the statement caused them actual harm in order to have a valid defamation claim.

Question 16

In a lawsuit for malicious prosecution, the original defendant sues the original plaintiff.

Accepted Answer

In a lawsuit for malicious prosecution, the defendant in the original case (who was wrongly prosecuted) sues the plaintiff in the original case (the one who initiated the wrongful prosecution).

Question 17

If a shoplifting suspect is detained for an unreasonably long time and is found to be innocent, the merchant is liable for the tort of malicious prosecution.

Accepted Answer

The correct tort in this context would be false imprisonment, not malicious prosecution. Malicious prosecution involves wrongfully subjecting someone to the criminal justice process.

Question 18

Actual physical contact is not necessary for a tort to be considered an assault.

Accepted Answer

According to legal definition, an assault can be considered as an intentional act that causes another person to fear that they will be subjected to imminent physical harm, regardless of whether or not physical contact actually occurs. Therefore, actual physical contact is not necessary for an act to be considered an assault.

Question 19

If a defendant makes an untrue statement of fact about the plaintiff and the statement was intentionally or accidentally published to a third party, the defendant is held liable for misappropriation of the right to publicity.

Accepted Answer

The statement should be about the plaintiff's identity, not just any untrue statement of fact. This would lead to liability for defamation, not misappropriation of the right to publicity.

Question 20

Res ipsa loquitor is a tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care.

Accepted Answer

Res ipsa loquitor is a tort in which the injury itself is evidence of negligence, without the need for a specific statute or ordinance violation.

Quiz 6: Torts and Strict Liability