Question 1

Which of the following is a correct statement regarding intentional torts and negligent torts?

Accepted Answer

Unlike intentional torts,which result from a person willfully taking actions that are likely to cause injury,negligent torts involve the failure to exercise reasonable care to protect another's person or property.

Question 2

Under a conditional privilege,a party will not be held liable for defamation unless the false statement was made ________.

Accepted Answer

Under a conditional privilege,a party will not be held liable for defamation unless the false statement was made with actual malice.A statement is made with actual malice if it is made with either knowledge of its falsity or reckless disregard for its truth.

Question 3

________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Accepted Answer

Nominal damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case where there were no compensable damages suffered by the plaintiff.A plaintiff may receive nominal damages by simply failing to prove actual damages.

Question 4

Of the following,who would typically be public figures for the purposes of the public figure privilege to actions for defamation?

Accepted Answer

Public figures are individuals who are in the public eye,typically politicians and entertainers.Because these individuals have a significant impact on our lives,we want to encourage free discussion about them,so we do not hold people liable for making false statements about them as long as the statements were not made with malice.

Question 5

Which of the following is not a privacy tort?

Accepted Answer

Invasion of privacy torts protect the individual's right to keep certain things out of public view even if they are true.The four privacy torts are: a)false light; b)public disclosure of private facts; c)appropriation for commercial gain; and d)intrusion on an individual's affairs or seclusion.

Question 6

________ damages are awarded to punish the defendant.

Accepted Answer

Punitive damages are awarded to punish the defendant.They are given only when the defendant's conduct is extremely outrageous.The purposes of punitive damages are both to punish the defendant and to deter him and others who are similarly situated from engaging in that kind of activity again.In awarding punitive damages,juries usually consider the egregiousness or willfulness of the tort and the wealth of the defendant.Obviously,the more wrongful the nature of the defendant's act,the greater the desire to send a message that such behavior will not be tolerated; and the greater the wealth of the defendant,the higher the damages must be to actually punish the defendant.

Question 7

Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?

Accepted Answer

The Communications Decency Act of 1996 gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others.

Question 8

Which is not an example of slander per se?

Accepted Answer

A written poster hanging in the school cafeteria which states that the principal stole money from the school treasury would constitute libel rather than slander per se.

Question 9

Which of the following is not an intentional tort against economic interests?

Accepted Answer

Intentional torts against economic interests include disparagement,intentional interference with contract,unfair competition,misappropriation,and fraudulent misrepresentation.Conversion is an intentional tort against property.

Question 10

Which of the following is not a typical type of compensatory damage?

Accepted Answer

Compensatory damages are typically awarded for pain and suffering,costs of repairing damaged property,medical expenses,and lost wages.Surprisingly,attorney fees are not recoverable as compensatory damages,despite the fact that most plaintiffs could not bring an action against the tortfeasor without hiring an attorney.Because the plaintiffs in personal injury cases must usually pay their attorneys anywhere from one-third to one-half of their recovery,some argue that compensatory damages fail to meet the intended goal of properly compensating victims.

Question 11

To recover damages in a case of slander,the plaintiff must prove ________ damages.

Accepted Answer

To recover damages in a case of slander,the plaintiff must prove special damages; that is,the plaintiff must show specific monetary loss that resulted from the defamatory statements.

Question 12

Which of the following is an absolute defense to defamation?

Accepted Answer

Truth is an absolute defense to defamation.In other words,one cannot be held liable for defamation,regardless of whether damages result,if the statement made was the truth.

Question 13

Bob,who has a large trust fund,is angry with Alice because she stopped dating him.Alice ran a successful dog grooming shop,and Bob decided to open a dog grooming shop next door solely to run her out of business because he was angry over the break-up.Which of the following is a correct statement regarding Bob's liability,if any,to Alice?

Accepted Answer

The tort of unfair competition is the act of competing with another not to make a profit,but for the sole purpose of driving the other party out of business.

Question 14

Assume Bob is driving and suddenly has an unexpected heart attack,causing him to run over a student crossing the street and breaking the student's leg.Which of the following is a correct statement regarding Bob's liability to the student?

Accepted Answer

Negligence involves the defendant's failure to exercise reasonable care to protect another's person or property.In the instant case,it would be difficult for the student (the plaintiff)to prove that the Bob (the defendant)failed to exercise reasonable care.The fact that Bob had an unexpected heart attack,resulting in the accident,does not demonstrate that Bob failed to exercise reasonable care.

Question 15

When a(n)________ privilege exists,one cannot be sued for defamation for any false statements made,regardless of intent or knowledge of the falsity of the claim.

Accepted Answer

When an absolute privilege exists,one cannot be sued for defamation for any false statements made,regardless of intent or knowledge of the falsity of the claim.Absolute privilege arises in only a limited number of circumstances.

Question 16

Under which of the following situations does the tort of trespass to realty occur?

Accepted Answer

The tort of trespass to realty,also called trespass to real property,occurs when a person intentionally: a)enters the land of another without permission; b)causes an object to be placed on the land of another without the landowner's permission; c)stays on the land of another when the owner tells him to depart; or d)refuses to remove something he placed on the property that the landowner asked him to remove.

Question 17

A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as ________.

Accepted Answer

Slander of title is a business tort that occurs when false published statements are related to the ownership of business property.

Question 18

In order to establish a claim for negligence,the plaintiff must prove that:

Accepted Answer

In order to establish a claim for negligence,the plaintiff must prove four elements: a)the defendant owed the plaintiff a legal duty; b)the defendant breached the legal duty he or she owed to the plaintiff; c)the defendant caused the plaintiff harm; and d)the plaintiff sustained damages as a result of the defendant's wrongful actions.

Question 19

A person who commits a tort is often referred to as the ________.

Accepted Answer

In a tort action,the person who committed the wrongful action is often referred to as the tortfeasor.

Question 20

Which of the following is true regarding the tort of fraudulent misrepresentation?

Accepted Answer

To establish that a fraudulent misrepresentation exists,a party must demonstrate all of the following: a)A party knowingly,or with reckless disregard for the truth,misrepresented material facts and conditions; b)The party intended to have other parties rely on the misrepresentations; c)The injured party reasonably relied on the misrepresentations; d)The injured party suffered damages because of relying on the misrepresentations; and e)A direct link exists between the injuries suffered and reliance on the misrepresentations.

Quiz 7: Tort Law