Question 1

Publication of false information about another's property is not a tort.

Accepted Answer

Publication of false information about another's property can be considered a tort under defamation or slander of title, depending on the nature of the falsehood and the harm it causes.

Question 2

A person who enters into a risky situation, knowing the risk involved, can nevertheless recover for a resulting injury or harm for reasons of public policy.

Accepted Answer

The answer of A person who enters into a risky...

Question 3

A wrongful action that interferes with a person's legal right to personal property can support a tort action in trespass.

Accepted Answer

Trespass to chattels is a tort wherein the wrongful interference with someone's personal property can give rise to a legal action for damages or other remedies.

Question 4

An economically injurious falsehood about a business's product can support a tort action for disparagement of property.

Accepted Answer

Disparagement of property, also known as trade libel or slander of goods, is a tort action that can be brought when an economically injurious falsehood is made about a business's product or services, causing financial loss to the business.

Question 5

If no legally recognized injury or harm results from a given negligent act, there is nothing to compensate-in effect, no tort exists.

Accepted Answer

In tort law, for a claim to be actionable, there must be a legally recognized injury or harm; without such harm, there is no basis for a claim, effectively meaning no tort exists.

Question 6

Liability for injuries based on proportionate negligence is allowed by most states.

Accepted Answer

Most states allow for liability for injuries to be determined based on proportionate negligence, meaning each party's financial responsibility is proportional to their degree of fault in causing the injury.

Question 7

When someone suffers injury because of another's failure to live up to a required duty of care, negligence occurs.

Accepted Answer

Negligence happens when someone fails to fulfill their duty of care towards others, which results in injury or damage to another person.

Question 8

Ciera is injured when a roofing tile breaks free, falls from the roof of a building, and strikes her. If Ciera brings a successful tort action against the building's owner, she may be awarded special damages to compensate her for

Accepted Answer

Special damages refer to compensation for specific monetary losses incurred by the plaintiff, such as medical expenses, lost wages, and other quantifiable financial losses directly resulting from the defendant's actions.

Question 9

The standard of reasonable care for a professional is the same as that of an ordinary person.

Accepted Answer

The standard of reasonable care for a professional is higher than that of an ordinary person because professionals are expected to have specialized knowledge and skills in their field of expertise.

Question 10

A defendant cannot be liable for negligence unless he or she intended to harm the plaintiff.

Accepted Answer

Negligence does not require intent to harm; it involves harm caused by carelessness or failure to act as a reasonably prudent person would under similar circumstances.

Question 11

If an owner consents to the taking of his or her property, a failure to return cannot be a tort.

Accepted Answer

Consent to the taking of property does not necessarily negate the possibility of a tort if the property is not returned as agreed. This could lead to a tort of conversion or trespass to chattels, depending on the circumstances.

Question 12

A landlord is expected to use reasonable care to ensure that his or her tenants are not harmed in common areas.

Accepted Answer

Landlords have a legal duty to maintain common areas in a reasonably safe condition to prevent harm to tenants and their guests. This includes regular maintenance and addressing known hazards.

Question 13

For those who have suffered injuries as a result of the wrongful conduct of others, through tort law, society supports

Accepted Answer

Tort law primarily aims to provide compensation to victims for the injuries they have suffered due to the wrongful conduct of others, rather than imposing criminal penalties like fines, imprisonment, or death.

Question 14

Taking personal property from its owner, without permission or just cause, is trespass-retaining it is conversion.

Accepted Answer

Trespass to chattels involves the unauthorized taking or use of someone else's personal property, while conversion involves unlawfully retaining possession of someone else's property, depriving them of its use or ownership.

Question 15

A truck with defective brakes runs off the street and crashes into Lima's home, damaging the property and injuring her. In a successful tort action against the truck's owner for gross negligence, Lima may be awarded punitive damages to

Accepted Answer

Punitive damages are awarded not to compensate the plaintiff for losses (which is the purpose of compensatory damages) but rather to punish the defendant for particularly egregious or reckless behavior and to deter the defendant and others from committing similar acts in the future.

Question 16

Foreseeability is the test for proximate cause.

Accepted Answer

Foreseeability is a key component in determining proximate cause in tort law, as it assesses whether the harm caused was a foreseeable result of the defendant's actions.

Question 17

A business firm has a duty to exercise reasonable care to protect its business invitees.

Accepted Answer

A business firm has a legal obligation to ensure the safety of its business invitees by exercising reasonable care to protect them from harm while they are on the premises. This includes addressing potential hazards and maintaining a safe environment.

Question 18

Don interferes with the business interests of Erin in a way not permitted by law, and Erin's business is harmed as a result. To be liable to Erin for the commission of an intentional tort, Don must have

Accepted Answer

Don must have intended to commit the act for it to be considered an intentional tort. The specific intent to harm Erin's business, or acting with an evil or harmful motive, is not a necessary element for establishing liability for an intentional tort.

Question 19

Rita brings a tort action against Santo and proves all of the elements of the claim. Santo's successful defense will

Accepted Answer

A successful defense in a tort action releases the defendant from partial or full liability for the alleged tortious act. This means that if Santo successfully defends against Rita's claim, he would not be held responsible for the harm alleged in the lawsuit.

Question 20

Proximate cause exists if "but for" a wrongful act, an injury would not have occurred.

Accepted Answer

The answer of Proximate cause exists if "but for" a...

Quiz 6: Tort Law