Question 1

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 2

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

Accepted Answer

The reasonable person standard is not used to determine whether a tort is intentional or unintentional, but rather it is a standard used to assess negligence in a tort case.

Question 3

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 an example of a frivolous lawsuit, which is a lawsuit with no legal basis. In this case, the judge found Thomas innocent of causing emotional distress, which means Jessica had no valid reason to file the lawsuit. Therefore, Thomas can sue Jessica for malicious prosecution, which is the wrongful institution of legal proceedings against another person without probable cause.

Question 4

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

Accepted Answer

Causation in fact, also known as "but for" causation, is the idea that the plaintiff's injury would not have occurred "but for" the defendant's actions. In other words, if the defendant had not done what they did, the plaintiff would not have been injured. Therefore, if the defendant's act caused the plaintiff's injuries, there is causation in fact.

Question 5

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 refers to the direct link between the negligent party's actions and the resulting harm or damages. The negligent party remains legally responsible for the consequences of his or her actions throughout the chain of events.

Question 6

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

Accepted Answer

This statement is true. The damages recoverable in a personal injury case are determined by the impact of the injury on the plaintiff's life, including their ability to work, enjoy their hobbies or daily activities, and their overall quality of life.

Question 7

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 restrict someone's freedom of movement, which is a necessary element of false imprisonment. Therefore, it is not considered false imprisonment.

Question 8

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 9

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

Accepted Answer

In a lawsuit for malicious prosecution, the original defendant (who was wrongly accused) can sue the original plaintiff (who brought the false charges).

Question 10

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

Accepted Answer

Opinions expressed in reviews are generally protected under the First Amendment's right to free speech. As long as the review is not making false factual statements that harm the actor's reputation, it is not considered defamation.

Question 11

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 loquitur is a tort doctrine in which the facts of the case imply negligence. It does not require the violation of a statute or ordinance.

Question 12

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

Accepted Answer

Assault and battery are two distinct torts that can occur separately or together. Assault refers to the intentional act of causing the victim to fear an imminent harmful or offensive contact, while battery involves the intentional act of making harmful or offensive physical contact with the victim. It is possible for someone to commit assault without committing battery, and vice versa.

Question 13

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 in a magazine about a public personality would typically be grounds for a defamation lawsuit, not an invasion of privacy lawsuit. Invasion of privacy typically involves the unauthorized use of someone's name or likeness for commercial gain or the intrusion into someone's private life without their consent.

Question 14

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 or commercial value, not just any untrue statement of fact. Misappropriation of the right to publicity occurs when a person's identity or likeness is used without their permission for commercial purposes.

Question 15

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

Accepted Answer

Assault can occur even without physical contact if actions or threats create fear of imminent harmful or offensive contact.

Question 16

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

Accepted Answer

Disparagement refers to making false or misleading statements that harm someone's reputation or business. It is not directly related to a professional's duty of care, but rather to defamation or business torts.

Question 17

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, involves deception with the purpose of gaining something of value from the victim. This can include money, property, or other assets.

Question 18

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 defined as an untrue statement made by one person or business about the products, services, property, or reputation of another business.

Question 19

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 if he can prove that he suffered severe emotional distress as a result of witnessing the accident and that the defendant's conduct was the cause of his distress. In this case, the defendant's drunk driving was the cause of John's emotional distress, and therefore, he may be able to recover damages.

Question 20

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

Accepted Answer

Direct physical contact intentionally made with the aim of harming someone is recognized legally as battery.

Quiz 5: Intentional Torts and Negligence