Question 1

Adam decided to play a practical joke on Linda,a co-worker.As Linda was leaving the office one night,Adam,wearing a mask,stepped out from behind some bushes.He pointed a handgun made out of licorice at her and demanded her purse.He then pushed the candy gun to her head and told her if she told anybody he'd kill her.Linda was very scared during the whole incident.She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back.
-Did Adam commit the tort of intentional infliction of emotional distress?

Accepted Answer

Adam intentionally and with purpose scared Linda by pointing a fake gun at her head and threatening her with death. His conduct was extreme and outrageous, and it caused Linda to suffer severe emotional distress, which is enough to meet the elements of intentional infliction of emotional distress tort. The fact that Adam intended it to be a practical joke does not excuse his actions or make it less intentional.

Question 2

E-trex,Inc.wanted Prince,a professional basketball player,to endorse its products.Prince, however,was not interested.E-trex was not deterred and hired a person who looked and sounded liked Prince for its commercials.

Accepted Answer

E-trex's conduct of hiring someone who looks and sounds like Prince for its commercials raises the issue of commercial exploitation. It may create confusion among the consumers that the product is endorsed by Prince, which is misleading and exploitative. However, this does not fall under the categories of defamation, interference with contract, or interference with prospective advantage.

Question 3

Which of the following is a valid defense to a defamation claim?

Accepted Answer

All of the above defenses are valid to a defamation claim. If the statement is true, it cannot be considered defamation. If the statement is an opinion, it falls under the category of protected speech under the First Amendment. If the statement was only made to the plaintiff and not to any third parties, it cannot be regarded as defamation as there is no publication.

Question 4

Angela sued Tom for battery.Angela was awarded $30,000 for future medical expenses.Five years after the award,Angela realizes that her medical expenses will far exceed $30,000.Under the single recovery principle:

Accepted Answer

The answer of Angela sued Tom for battery.Angela was awarded...

Question 5

Jane Doe and Nancy Roe v Lynn Mills dealt with what issue?

Accepted Answer

The case of Jane Doe and Nancy Roe v Lynn Mills involved the issue of intentional infliction of emotional distress.

Question 6

In awarding punitive damages,a court must consider:

Accepted Answer

In awarding punitive damages, a court must consider all of the above factors - the reprehensibility of the defendant's conduct, the ratio between the harm suffered and the award, and the difference between the punitive award and any civil penalties used in similar cases. These factors help ensure that the punitive damages are reasonable and serve their intended purpose of punishing the defendant and deterring future similar conduct.

Question 7

The amount of money that will restore a person who suffers damages to the position he was in before the injury is called

Accepted Answer

Compensatory damages are designed to compensate the injured party for the harm suffered and the amount of money awarded should restore the person to the position he was in before the injury. Putative damages are awarded in addition to compensatory damages as a form of punishment for the defendant. Consequential damages are losses that result from the injuries, such as lost income or medical expenses. Economic damages are a type of compensatory damages that include measurable financial losses such as medical bills, lost wages, and property damage.

Question 8

What are the elements of Slander

Accepted Answer

Slander involves making a false oral statement about someone to a third party, intending to harm their reputation.

Question 9

The elements in a defamation case are:

Accepted Answer

A defamatory statement must be made (oral or written) that is false and communicated to others, which causes injury to the reputation of the person who is the subject of the statement.

Question 10

Trein,Inc.entered into a one-year,$1 million contract with Mia,a sports celebrity,to promote Trein's products.E-presto Inc.,a competitor of Trein,was interested in having Mia promote its products and knew of her contract with Trein.E-presto offered Mia a three-year,$5 million contract.Mia left Trein and signed with E-presto.Which statement is correct?

Accepted Answer

E-presto is liable for tortious interference with a contract. E-presto knew of Mia's contract with Trein and intentionally induced Mia to breach her contract by offering her a more lucrative contract. This is a clear case of tortious interference with a contract. Mia can also be held liable for breach of contract, but she is not the one who interfered with the contract between Trein and herself.

Question 11

What is the ratio for a putative damage to be awarded?

Accepted Answer

The ratio for a putative damage to be awarded varies depending on the case and jurisdiction. However, option B is a commonly used ratio where the punitive damages awarded can be up to 9 times the amount of compensatory damages.

Question 12

Which of the following is a true statement about tort reform?

Accepted Answer

While many states have passed tort reform measures, it is not true that almost all have limited jury awards. Additionally, the statement in option C is not supported by statistics - medical malpractice awards are not the primary driver of healthcare costs. Option B is the only true statement, as Congress has indeed considered tort reform legislation but has yet to pass any such bills into law.

Question 13

The single recovery system

Accepted Answer

The answer of The single recovery system
...

Question 14

A salesclerk at Sparkle Jewelry Store observed a customer remove a ring from a display case and put it in his pocket.In most states,Sparkle:

Accepted Answer

In most states, a salesclerk can reasonably detain a customer if there is suspicion of shoplifting. However, the detainment must be done with reasonable force and only for a reasonable amount of time until the police arrive.

Question 15

Rodney was employed by Deluxe Discount Store.Rodney's manager directed him to check the prices of dog food at Huge Savings Store.The manager of Huge Savings Store saw Rodney writing down prices and asked him to leave.Rodney,fearful that he would be fired by Deluxe,refused to leave.Rodney committed the tort of:

Accepted Answer

Rodney committed the tort of trespass by remaining on the Huge Savings Store property after being asked to leave by the manager.

Question 16

What are the elements of Interference with a contract?

Accepted Answer

All the elements listed are required for a claim of interference with a contract. There must be an existing contract, the plaintiff must have suffered some form of injury, and the defendant must have intentionally induced one of the parties to breach the contract.

Question 17

An intentional tort involves conduct in which:

Accepted Answer

The answer of An intentional tort involves conduct in which:
...

Question 18

When can a jury award punitive damages?

Accepted Answer

Punitive damages can be awarded by a jury for reprehensible conduct, such as intentional wrongdoing, fraud, or malice. It is meant to punish the defendant and deter others from engaging in similar behavior.

Answer: B 
 Punitive damages can also be awarded when the defendant engaged in a hazardous activity, such as manufacturing a faulty product or operating a dangerous machinery. The purpose is to deter the defendant and others from engaging in such activities in the future.

Answer: D 
 Punitive damages cannot be awarded simply because the actual damages do not amount to enough. Punitive damages are reserved for cases where the defendant's conduct is particularly reprehensible or hazardous.

Choice C is not a valid option because pain and suffering damages are separate from punitive damages and are meant to compensate the victim for physical or emotional harm.

Question 19

Don was standing in a cafeteria line holding a plate.Tim was upset with Don.Tim turned Don around and grabbed the plate out of Don's hand.Tim then held the plate up and threatened to break it over Don's head.Tim has committed:

Accepted Answer

Tim has committed both an assault and a battery. Assault is the act of creating fear of an imminent harmful or offensive contact, and battery is the actual harmful or offensive contact. In this scenario, Tim has created fear in Don by threatening to break the plate over his head, which is an assault. He has also followed through with the act of forcefully taking the plate out of Don's hand, which is a battery.

Question 20

Howson won a lawsuit against Hardwick for intentionally inflicting emotional distress.The jury awarded Howson $500,000 in compensatory damages.It also awarded Howson $4 million in punitive damages because Hardwick was quite wealthy and the jury thought a large amount was necessary for Hardwick to feel the punishing effects of the judgment.How does the jury's award fit into the guidelines offered by the U.S.Supreme Court?

Accepted Answer

The answer of Howson won a lawsuit against Hardwick for...

Quiz 5: Intentional Torts and Business Torts