Deck 10: Torts Affecting Business

Question 1

Defamatory remarks are presumed false unless the defendant can prove their truth.

Answer 1

True
Explanation: Defamatory remarks are presumed false unless the defendant can prove their truth.

Question 2

False imprisonment involves intentional unjustified confinement of a nonconsenting person.

Answer 2

True
Explanation: Claims of false imprisonment stem most frequently in business from instances of shoplifting. This tort is the intentional unjustified confinement of a nonconsenting person.

Question 3

Individuals as well as corporations are allowed to sue for defamation.

Answer 3

True
Explanation: Individuals as well as corporations are allowed to sue for defamation.

Question 4

A defendant can be found liable for a strict liability tort even though the defendant neither intentionally nor negligently caused the harm.

Question 5

An assault is an illegal touching of another.

Question 6

Defamation is the publication of untrue statements about another that hold up that individual's character or reputation to contempt and ridicule.

Question 7

Your roommate is away for the weekend and you take her Accounting 101 book to study in the library. You have not taken her permission but you intend to return the book before she returns so you don't think that it would matter. While you are in the library, the book is stolen. In this situation, your roommate can sue you for battery.

Question 8

Injurious falsehood is also called false imprisonment.

Question 9

Written defamation, or defamation published over radio or television, is termed slander.

Question 10

Touching can constitute a battery only when it causes physical injury.

Question 11

You can commit a civil assault without committing a civil battery.

Question 12

One is not liable for another's injury unless he or she has a duty toward the person injured.

Question 13

The tort of trespass arises only when a defendant damages the property of the plaintiff.

Question 14

You are guilty of the tort of conversion if you purchase stolen goods, even if you didn't know that they are stolen.

Question 15

Injurious falsehood involves the publication of untrue statements that disparage the business owner's product or its quality.

Question 16

Malicious prosecution arises from causing someone to be arrested criminally without proper grounds.

Question 17

Rita was drunk while driving her car and she hit Ana's car. This makes Ana a tortfeasor.

Question 18

News media are protected under the First Amendment when they publish information about public figures and public officials.

Question 19

A tort is any civil wrong other than a breach of contract.

Question 20

If a professor, during a class, accuses a student of being a thief when in truth the student had never stolen anything in his life, the professor is guilty of libel.

Question 21

It is important to a successful assumption-of-the-risk defense that the assumption was voluntary.

Question 22

Many advertisers and marketers have been required to pay damages to individuals when pictures of them have been used without authorization to promote products. In this situation, which of the following torts was committed by the advertisers and marketers?

A) Assault
B) Defamation
C) Battery
D) Invasion of privacy
E) Malicious prosecution

Question 23

Teresa, the manager at Victor Co., warned Gray, who has performed poorly throughout the year that he would lose his job if he did not perform well. Later that evening, Gray is angry with Teresa and sends her an e-mail from an anonymous address, threatening to harm her when she is on her way home tomorrow. The next day, Gray realizes his mistake, and attempts to apologize to Teresa, who was petrified after reading the mail and spent the entire night in office. Teresa can sue Gray for:

A) assault.
B) battery.
C) conversion.
D) false arrest.
E) fraud.

Question 24

False arrest is also called:

A) tresspass.
B) battery.
C) invasion of privacy.
D) malicious prosecution.
E) assault.

Question 25

The majority of states impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons. The acts imposing this liability are called dram shop acts.

Question 26

Tony has admired Ann for months, but he has never talked to her. One day, Tony walks up to Ann and gives her a hug and a kiss. Ann is angry and decides to sue Tony. Tony has committed the tort of:

A) duress.
B) conversion.
C) battery.
D) negligence.
E) fraud.

Question 27

"Proximate cause" represents the proposition that those engaged in activity are legally liable only for the foreseeable risk that they cause.

Question 28

Meeting federal standards immunizes manufacturers from strict products liability suits.

Question 29

For a successful assumption-of-the-risk defense, assumption of the risk may be implied from the circumstances, or it can arise from an express agreement.

Question 30

Statner is going through Ray's personal files and finds out that his colleague Ray is being treated to cure depression by a therapist. While Ray has kept this as a secret due to personal reasons, Statner has informed everyone in office about Ray's condition. As a result, Ray faces sympathetic and discriminatory attitudes at work. He decides to sue Statner. Which of the following is true in this case?

A) Statner has not committed a tort for which Ray can sue.
B) Statner has interfered intentionally with Ray's contractual obligations to the company.
C) Statner can be sued for invasion of privacy.
D) Statner can be sued for assault and battery.
E) Statner has defamed Ray, for which he will be held liable, and will have to pay damages.

Question 31

The defense comparative negligence absolutely bars the plaintiff from recovery if the plaintiff's own fault contributed to the injury.

Question 32

During an ice hockey game, Claude silently skates up to Gordie from behind and hits him over the head with his stick. Claude is promptly thrown out of the game and suspended by the league. Gordie is not injured because he is wearing a helmet. If Gordie sues Claude, Claude would be guilty of:

A) assault.
B) battery.
C) intentional infliction of mental distress.
D) undue influence.
E) invasion of privacy.

Question 33

The negligence of professionals is called malpractice.

Question 34

Brooke has fallen asleep on the beach. Eight guys get into a circle around her and one gets real close and screams, "snake" into her ear. When she jumps up screaming in fright, they all start laughing at her. What tort have they committed?

A) Battery
B) Assault
C) Disparagement
D) Defamation
E) Conversion

Question 35

Frequent, abusive, threatening phone calls by creditors are most likely to provide the basis for a claim of _____.

A) invasion of privacy
B) malicious representation
C) misrepresentation
D) false imprisonment and malicious prosecution
E) intentional infliction of mental distress

Question 36

Negligence takes place when one who has a duty to act reasonably acts carelessly and causes injury to another.

Question 37

_____ is usually defined as the desire to bring about certain results.

A) Tort
B) Crime
C) Intent
D) Negligence
E) Duty

Question 38

Compensatory damages are sometimes called exemplary damages.

Question 39

Strict liability is a catchall phrase for the legal responsibility for injury-causing behavior that is either intentional or negligent.

Question 40

Which of the following is true of tort law?

A) The law of tort itself is criminal rather than civil.
B) Tort law typically deals with breach of contract.
C) It protects people from being tried twice for the same crime.
D) It provides compensation to those workers who have been injured on the job.
E) It sets limits on how people can act and use their resources.

Question 41

Mega-mart suspects Roberta of shoplifting, solely because she is dressed differently than their typical customer, so store officials detain her. They find nothing improper in Roberta's belongings. Roberta most likely will file a ________ lawsuit against Mega-store.

A) malicious prosecution
B) battery
C) false imprisonment
D) trespass
E) invasion of privacy

Question 42

Which of the following torts arises from causing someone to be arrested criminally without proper grounds?

A) Invasion of privacy
B) Battery
C) Assault
D) Malicious prosecution
E) Trespassing

Question 43

Which of the following statements is true concerning defamation?

A) Written defamation is called slander.
B) If defamation is oral, it is called libel.
C) Corporations are not allowed to sue for defamation.
D) Defamation suits can be brought by employees against current or former employers.
E) News media can be sued for defamation even if the reported statements are true.

Question 44

Injurious falsehood is sometimes called:

A) false imprisonment.
B) duress.
C) trade disparagement.
D) trade discouragement.
E) battery.

Question 45

John rents a movie from Video Rental Co. but instead of returning it he lends it to Sam in whose care the movie is destroyed. What tort did John commit?

A) Conversion
B) Theft
C) Battery
D) Trespass
E) Invasion of privacy

Question 46

The intentional unjustified confinement of a non-consenting person is known as:

A) invasion of privacy.
B) false imprisonment.
C) battery.
D) malicious prosecution.
E) defamation.

Question 47

Which of the following is an example of wilful and wanton negligence?

A) An employer intentionally induces the employees of another company to break the employment contract.
B) A politician delivers a speech defaming a public figure using false statements about that person.
C) A newspaper publishes articles about the personal life of a celebrity.
D) A drunk driver meets with an accident during which the passengers in the car get injured.
E) A doctor accidently injects a patient with a wrong medicine, causing the patient to suffer adverse medical reactions.

Question 48

To enter another's land without consent or to remain there after being asked to leave constitutes the tort of _____.

A) assault
B) malicious prosecution
C) battery
D) trespass
E) invasion of privacy

Question 49

Which of the following terms represents the proposition that those engaged in an activity causing negligence are legally liable only for the foreseeable risk that they cause?

A) Actual cause
B) Proximate cause
C) Unforseeable cause
D) Negligent cause
E) Injurious cause

Question 50

The wrongful exercise of dominion (power) and control over the personal (nonland) resources that belong to another is known as _____.

A) trespassing
B) disparagement
C) conversion
D) invasion
E) defamation

Question 51

Oral defamation is called:

A) gossip.
B) slander.
C) libel.
D) hearsay.
E) assault.

Question 52

Written defamation, or defamation published over radio or television, is termed _____.

A) hearsay
B) libel
C) battery
D) slander
E) assault

Question 53

Customers refusing to leave a store after being asked to do so is an example of _____.

A) trespass
B) assault
C) invasion of privacy
D) conversion
E) battery

Question 54

Which of the following torts consists of the publication of untrue statements that disparage a business owner's product or its quality?

A) Assault
B) False imprisonment
C) Trespass
D) Battery
E) Injurious falsehood

Question 55

If an employee steels something from his employer then he is most likely to be prosecuted for the tort of _____.

A) conversion
B) assault
C) trespass
D) battery
E) invasion of privacy

Question 56

Which of the following is an example of conversion?

A) An employee borrowing the annual report from the firm's library.
B) Donald returns Larry's car in the same condition as it was in when he had borrowed it.
C) Scott publishes untrue statements about his manager in the company's newsletter.
D) Ruth purchases a cell phone from Sandra, not knowing that Sandra stole the cell phone.
E) Donna has left her horse in Terry's care, who cares for it and rides it without Donna's permission.

Question 57

A _____ is an intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury.

A) negligence
B) fraud
C) conversion
D) battery
E) assault

Question 58

In a negligence suit, a plaintiff must prove that:

A) the defendant actually caused the injury.
B) the defendant could have caused the harm.
C) the plaintiff knew the potential for injury.
D) the defendant has published untrue statements about the plaintiff.
E) the defendant had a malicious intent.

Question 59

Which of the following torts takes place when one who has a duty to act reasonably acts carelessly and causes injury to another?

A) Negligence
B) Assault
C) Trespass
D) Battery
E) Defamation

Question 60

The negligence of professionals is called _____.

A) trespass
B) malpractice
C) battery
D) fraud
E) assault

Question 61

Kylie hosts a party inviting her best friend Minnie as well. Minnie is aware that Kylie has a pet dog, and is also friendly with it. However, during the party, Kylie's dog attacks Minnie, injuring her. Minnie holds Kylie responsible for the attack and files a suit against her. Which of the following defenses can Kylie use against the suit?

A) Assumption-of-the-risk
B) Statute of response
C) Strict liability
D) Willful and wanton negligence
E) False imprisonment

Question 62

Antonio and Fred were playing soccer when Fred accidently kicks Antonio's shin instead of the football during a pass. Antonio is seriously injured and will not be able to play for at least six months. If Antonio sues Fred, which of the following defenses can Fred use?

A) Cause in fact
B) Assumption-of-the-risk
C) Statute of response
D) Strict liability
E) False imprisonment

Question 63

In a fit of a store manager hits a customer with a wrench. Discuss the suit the customer can file against the store manager.

Question 64

Suppliers of defective parts can be prosecuted on the basis of _____.

A) assumption-of-the-risk
B) trespass
C) compensatory negligence
D) assault
E) strict products liability

Question 65

Tracy worked as the personal assistant to James, the marketing head of Hector Co. James had proposed marriage to her, which she turned down. An angry James burdened Tracy with a lot of work, humiliated her in meetings, and made offensive advances that made her feel uncomfortable. Tracy became anxious and worrisome, which resulted in constant headaches, and rising blood pressure due to stress. Eventually, James fired her based on inefficiency. Tracy decides to file a lawsuit against James for the humiliation he caused her. Discuss on what grounds Tracy can recover damages from James.

Question 66

A journalist of an entertainment magazine enters the home of a celebrity without prior permission in the absence of the celebrity. He searches the house for personal information that would not have been published till now, and that can be his big story for the upcoming issue. The next month, the celebrity reads the article published about his personal life, and sues the journalist for defamation. Considering that the facts published by the journalist are true, analyze how the celebrity can bring a successful lawsuit against the journalist and the magazine.

Question 67

Which of the following terms represents the legal responsibility for injury-causing behavior that is neither intentional nor negligent?

A) Strict liability
B) Battery
C) Assumption-of-the-risk
D) Comparative fault
E) Cause in fact

Question 68

The majority of states impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons. The acts imposing this liability are called _____ acts.

A) contributory negligence
B) dram shop
C) conversion
D) false imprisonment
E) statute of response

Question 69

Which of the following is true of comparative negligence?

A) It completely bars the plaintiff from recovering any damages.
B) It allows the plaintiff and the defendant to settle the dispute through arbitration.
C) It allows the plaintiff to claim only putive damages but not actual damages.
D) It allows the plaintiff to claim damages only if a proximate causation is established.
E) It compares the plaintiff's and the defendant's fault and reduces the damage award proportionally.

Question 70

Which of the following is most likely to occur when the proposition of contributory negligence is applied?

A) A plaintiff can recover both punitive and actual damages.
B) Damages are awarded in proportion to the plaintiff's and the defendant's fault.
C) The plaintiff does not recover any damages due to his/her fault that caused the injury.
D) Damages are awarded to a plaintiff only if the plaintiff can prove that he or she used proper care for his or her own safety.
E) A plaintiff is awarded only punitive damages in case contributory negligence is established.

Question 71

A mother watches her child play on the street, when the child is hit by a car while playing, and the mother files a lawsuit for damages against the driver. Which of the following is true of this case?

A) The mother can claim punitive and actual damages, since the driver is liable for willful and wanton negligence.
B) The mother is liable for punitive damages only and the driver is liable for negligence.
C) The mother can claim a part of damages from the driver under comparative negligence.
D) The driver is liable for assault and battery, and the mother can claim actual damages.
E) The driver will be held liable for proximate causation of the accident.

Question 72

Which of the following defenses absolutely bars a plaintiff from recovery?

A) Comparative negligence
B) Contributory negligence
C) Partial negligence
D) Proximate negligence
E) Actual negligence

Question 73

Discuss the difference between assault and battery.

Question 74

A statute of _____ specifies a period of time following a product sale after which a plaintiff would lose their right to bring a law suit for product related injuries.

A) repose
B) repast
C) repentance
D) reproach
E) reform

Question 75

Strict products liability applies to which of the following parties?

A) Medical practitioners
B) Commercial sellers
C) Accountants
D) Media personnel
E) Attorneys

Question 76

In the case contributory negligence, the defense of _____ arises from the plaintiff's knowing and willing undertaking of an activity made dangerous by the negligence of another.

A) cause in fact
B) statute of repose
C) comparative negligence
D) assumption-of-the-risk
E) contractual obligation

Question 77

Which of the following defenses used in the case of strict product liability states that the product met the prevailing industry standards at the time of its manufacture?

A) State-of-the-art
B) Statute of repose
C) Contributory negligence
D) Comparative negligence
E) Assumption-of-the-risk

Question 78

Punitive damages are also called _____ damages.

A) exemplary
B) compensatory
C) medical
D) extensive
E) contributory

Question 79

Which of the following is true of punitive damages?

A) Juries award punitive damages to all cases tried and proven for negligence.
B) The key to award punitive damages is the degree of suffering by the plaintiff.
C) Punitive damages are awarded if the motive of the defendant is proved to be malicious or fraudulent.
D) They are also called complementary damages.
E) They are awarded only in the case of assault.

Question 80

Name and explain the three main categories of torts.