Question 1

Taking or using someone's personal property without consent is referred to as

Accepted Answer

Conversion is the legal term for taking or using someone's personal property without their consent. It is a type of civil theft and can result in a lawsuit for damages. Fraud involves deceit or intentional misrepresentation, negligence involves a failure to exercise reasonable care, and trespassing involves entering someone's property without permission. None of these fully capture the act of taking someone's personal property without consent.

Question 2

Public officials can win a defamation case only by proving the defendant's actual malice.

Accepted Answer

Public officials have a higher burden of proof in defamation cases and must prove that the defendant acted with actual malice or reckless disregard for the truth. This standard was established by the Supreme Court in the landmark case New York Times Co. v. Sullivan.

Question 3

The First Amendment guarantee of freedom of speech is an absolute right.

Accepted Answer

While the First Amendment protects free speech, there are limitations and exceptions, such as speech that incites violence or defamatory statements.

Question 4

A tort is a violation of a duty imposed by the civil law.

Accepted Answer

This is the basic definition of a tort in civil law. A tort can include actions that cause harm or injury to another person or their property, and the duty violated can vary depending on the circumstances of the case.

Question 5

A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse.In most states,Braybon's will be able to detain the customer for suspicion of shoplifting.

Accepted Answer

In most states, store employees have the right to detain a customer if they have reasonable suspicion that the customer has stolen or is attempting to steal merchandise. However, the laws regarding shoplifting vary by state, so it is possible that in some states Braybon's may not have the authority to detain the customer.

Question 6

Lori works for Big Corporation.The existing contract between Lori and Big Corporation can be terminated at will by either party.Richard,the owner of a small store,offers to pay Lori much more money if she will leave Big Corporation and work for his store.When Lori starts to work for Richard,Big Corporation correctly claims Richard is liable for tortious interference with a contract.

Accepted Answer

Since the contract between Lori and Big Corporation can be terminated at will by either party, Richard's offer to Lori and her acceptance of that offer do not constitute tortious interference with a contract. Tortious interference requires the existence of a valid contractual relationship that is breached due to the interference of a third party, which is not applicable in this scenario of an at-will employment contract.

Question 7

Dewayne sold a space heater to Vivian,telling her it would heat a 200-square-foot area,even though he knew it would effectively heat only about one third of that space.Dewayne is liable for the intentional tort of fraud.

Accepted Answer

Dewayne made a false statement with the intent to deceive Vivian in order to gain a sale, which meets the requirements for the intentional tort of fraud.

Question 8

Working out some frustrations after a bad game,Jessica angrily hits a baseball and then sees it is flying toward the umpire.She yells,"Watch out!" The umpire ducks and the ball misses him.Since there was no physical contact,no assault or battery occurred.

Accepted Answer

In legal terms, assault can occur without physical contact if an action intentionally causes another person to fear imminent harmful or offensive contact. In this scenario, the act of angrily hitting a baseball towards the umpire and causing fear of imminent harm constitutes assault, regardless of the actual miss. Battery requires physical contact, so while there was no battery, there was an assault.

Question 9

In an advertisement,FreshAir,Inc.stated that its air freshener lasted for 3 hours while the competitor's Smell Sweet lasted for only 36 minutes.In fact,Smell Sweet freshens the air for more than 2 hours.FreshAir has not violated the Lanham Act because the First Amendment's guarantee of freedom of speech applies.

Accepted Answer

FreshAir, Inc. has made a false claim about its product's performance compared to the competitor's product. This violates the Lanham Act, which prohibits false advertising. The First Amendment's guarantee of freedom of speech does not protect false or misleading commercial speech.

Question 10

In order for a plaintiff to win a case involving intentional infliction of emotional distress,she must prove the defendant acted in an extreme and outrageous manner.

Accepted Answer

To win a case involving intentional infliction of emotional distress, the plaintiff must prove that the defendant's conduct was extreme and outrageous.

Question 11

Ahmi was a witness in a lawsuit.When asked why he fired Rana,Ahmi replied,"Rana was fired for willful misconduct." Indeed,Rana had not engaged in any misconduct.Rana will be able to successfully sue Ahmi for defamation based on what Ahmi said in court.

Accepted Answer

The answer of Ahmi was a witness in a lawsuit.When...

Question 12

Jim told his manager,Lana,that a co-worker,Diane,had been in prison for theft.Lana checked into the matter and when she learned that Diane had served time in prison for theft,she fired her.

Accepted Answer

Jim is not liable for defamation because defamation requires the statement to be false. Since Diane did indeed serve time in prison for theft, Jim's statement to Lana was true, and truth is a complete defense against defamation.

Question 13

There are four elements to a defamation case and the plaintiff in any kind of lawsuit must prove one of the four elements to prevail.

Accepted Answer

The plaintiff in a defamation case must prove all four elements to prevail. The four elements are: 1) a false and defamatory statement was made about the plaintiff, 2) the statement was communicated to a third party, 3) the plaintiff was injured by the statement, and 4) the statement was made with either negligence or intent.

Question 14

A witness testifying in a court or legislature may never be sued for defamation.

Accepted Answer

This is known as "absolute privilege" and is necessary to ensure that witnesses are able to testify truthfully without the fear of being sued for defamation.

Question 15

Shortly after Brian started to work at Trevit,Inc.,a co-worker,Ann,began asking him out.Brian said no.Nevertheless,Ann persisted.One day Ann playfully but intentionally touched Brian "below the belt." Which statement is correct?

Accepted Answer

Ann committed the tort of battery by intentionally and offensively touching Brian in a sensitive area without his consent.

Question 16

A national magazine published an article about a famous television star.The television personality is upset because the information contained in the story is not correct.If the actress sues the magazine,

Accepted Answer

In order for the actress to successfully sue the magazine for defamation, she must show that the magazine either knew the story was false or acted with reckless disregard of the facts. This is the standard for proving actual malice, which is necessary for a public figure like a television star to succeed in a defamation lawsuit. Additionally, even if the story was false, the magazine may be able to assert a defense of truth if they can demonstrate that they acted with reasonable care in verifying the information before publishing it.

Question 17

If Gloria threw a rock that hit Merle,she is liable for an intentional tort of battery only if she intended to injure or harm Merle.

Accepted Answer

Gloria can be liable for the intentional tort of battery if she intended the act itself (throwing the rock) that resulted in harmful or offensive contact, regardless of whether she intended to injure or harm Merle. Intent to cause the specific harm is not necessary for battery.

Question 18

Which of the following statements about torts is correct?

Accepted Answer

A tortious act may also be a criminal act, but they are not always the same. A tort is a civil wrong that causes harm or injury to another person or their property, while a crime is a violation of the law that may result in punishment by the government. Some acts may be both a tort and a crime, such as assault, theft, or fraud. A contract dispute, however, is not a tortious act. It is a disagreement between parties over the terms or performance of a contract.

Question 19

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

Accepted Answer

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous, in addition to compensating the plaintiff for damages suffered.

Question 20

The single recovery principle requires a court to settle a matter once and for all by awarding a lump sum for past and future expenses.

Accepted Answer

The statement accurately describes the single recovery principle.

Quiz 8: Intentional Torts and Business Torts