Question 1

All batteries are immediately preceded by an assault.

Accepted Answer

This statement is false. Batteries can be installed in devices without any assault taking place.

Question 2

Franco has the permission of George to walk across his yard on the way to school. Franco now brings twenty of his friends across the yard, and they stop to play ball. In this case:

Accepted Answer

While Franco had George's permission to walk across the yard, he did not have permission for his friends to come and play ball. Therefore, both Franco and his friends are guilty of trespassing on George's property.

Question 3

A major difference between trespass to personal property and conversion is that the latter does not require intent to harm whereas trespass does.

Accepted Answer

The statement is incorrect. Trespass to personal property does not require intent to harm either. Both torts can be committed without intent to harm, but conversion is typically considered a more serious offense as it involves a greater interference with ownership rights.

Question 4

The tort of nuisance includes only the trespassory invasion of real property.

Accepted Answer

The tort of nuisance includes both trespassory and non-trespassory invasions of real property. Non-trespassory invasions include things like noise pollution, odors, and vibrations.

Question 5

Tort liability is civil liability that is voluntarily assumed.

Accepted Answer

Tort liability is civil liability that is imposed by law as a result of harm caused to another person or their property due to a negligent or intentional act. It is not voluntarily assumed.

Question 6

Tort law gives persons relief from civil wrongs or injuries to their person and property but not their economic interests.

Accepted Answer

Tort law can provide relief for economic injuries such as loss of income, damage to property or business, and other economic damages resulting from a civil wrong.

Question 7

One of the principal objectives of tort law is to prevent future harms and losses.

Accepted Answer

Tort law aims to deter people from engaging in actions that could harm others in the future, in order to prevent future harms and losses.

Question 8

X knows that Y has offered to sell wheat to Z at a certain price per bushel. Hoping to get Z for a customer, X offers Z wheat at $.50 less a bushel than Y offered. X gets the contract. X is liable to Y for the tort of interference with contractual relations.

Accepted Answer

X is not liable to Y for the tort of interference with contractual relations because there was no existing contract between Y and Z that X interfered with; Y had only made an offer to Z, which Z had not accepted, thus no contractual relation had been established for X to interfere with.

Question 9

If Smith works for Jones under an informal arrangement by which there is no contract stating dates for beginning or ending the relationship, Brown Co. could induce Smith to quit her job with Jones and come to work for Brown Co. without liability to Jones.

Accepted Answer

Since there is no contract stating a specific period for the working relationship between Smith and Jones, Brown Co. can hire Smith without any legal liability towards Jones. However, it may still be ethically questionable for Brown Co. to actively induce Smith to leave her current job.

Question 10

Misuse of procedure can occur even when the plaintiff succeeds in the litigation.

Accepted Answer

Even if the plaintiff succeeds in the litigation, misuse of procedure can still occur if they abused or manipulated the legal process in a way that was unethical or unfair to the defendant. Winning a case does not necessarily mean that the plaintiff's actions throughout the litigation were above reproach.

Question 11

A privilege may result in immunity from tort liability.

Accepted Answer

Certain privileges, such as governmental, judicial, and legislative privileges, may result in immunity from tort liability.

Question 12

The tort of false light imposes liability if the matter in question is objectionable to a reasonable person, but is not necessarily defamatory.

Accepted Answer

The tort of false light is similar to defamation, but it differs in that it does not require that the statement in question be false, only that it creates a false impression that is objectionable to a reasonable person. This can include things like misrepresenting someone's religion, political beliefs or sexual orientation.

Question 13

Which of the following can be raised as a defense to a claim of defamation?

Accepted Answer

All of the options listed can be raised as potential defenses against a claim of defamation. Option A refers to the defense of being a third-party publisher, commonly known as the Communications Decency Act (CDA) immunity. Option B refers to the defense of fair comment or opinion based on the constitutional privilege of free speech. Option C refers to the defense of qualified privilege, which allows for the publication of defamatory statements in certain circumstances, such as protecting a legitimate self-interest.

Question 14

Tim and Steve are roughhousing in Tim's parents' front yard when Steve intentionally pushes Tim onto the neighbor's property. The trespasser(s) is/are:

Accepted Answer

Steve intentionally pushed Tim onto the neighbor's property, making him the trespasser. Tim is not at fault in this situation.

Question 15

The tort of __________ is a false communication, which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.

Accepted Answer

Defamation is the tort of making a false statement that harms someone's reputation by lowering the respect in which they are held. False light refers to publicizing false information that might be damaging or embarrassing to someone. Intrusion involves invading someone's privacy. Disparagement is making false or exaggerated statements that harm someone's business or product.

Question 16

Perkins commits a battery against Connors. If the government brings a criminal action against Perkins, Connors cannot bring a civil tort action against Perkins for the same battery because this would constitute double jeopardy.

Accepted Answer

Double jeopardy applies only to criminal punishments, not to civil actions. Connors can still bring a civil tort action against Perkins for the same battery even if the government brings a criminal action against Perkins.

Question 17

The Hometown News snapped a picture of Tim as he was sleeping under a tree in the park on a warm spring day. If the paper printed the picture on the front page:

Accepted Answer

Tim was in a public place, and the picture was taken during the daytime. He had no expectation of privacy in this situation. Therefore, it is unlikely that the Hometown News is guilty of any tort.

Question 18

A defamatory communication that is spoken or oral is designated as libel.

Accepted Answer

A defamatory communication that is spoken or oral is designated as slander, while libel is a defamatory communication that is written or published.

Question 19

In some instances the same facts will give rise to an action for both false light and defamation.

Accepted Answer

False light and defamation both involve false or misleading statements that harm a person's reputation or cause emotional distress. Therefore, it is possible for the same set of facts to give rise to a claim for both false light and defamation.

Question 20

Sheena knowingly and falsely tells Jenn that an automobile she is trying to sell has never been in a flood. In reliance upon Sheena's statement, Jenn buys the car. Sheena is liable to Jenn for fraudulent misrepresentation.

Accepted Answer

Sheena made a knowingly false statement and Jenn relied on that statement to make a purchase, which constitutes fraudulent misrepresentation.

Quiz 7: Intentional Torts