Question 1

A sports fan,injured by a hockey puck that flew into the stands during an NHL game,would be subject to the defense of assumption of the risk if she files suit to recover for her injuries.

Accepted Answer

Assumption of the risk is a legal defense that can be used when a person participates in a known risky activity voluntarily and is aware of the risks involved. Attending a hockey game and the possibility of being hit by a puck is considered a known risk, so the injured sports fan would likely be subject to the defense of assumption of the risk if she files a lawsuit to recover for her injuries.

Question 2

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,she will need to show that:

Accepted Answer

In order to prove defamation, the television star would need to show that the magazine either knew the story was false or acted with reckless disregard of the facts. This is known as actual malice and is a higher standard than negligence. Option A refers to a history of reckless behavior, but that is not required to prove actual malice. Options C and D relate to negligence, which is not sufficient to prove defamation.

Question 3

Lori works for Big Corporation as an "at will" employee.Richard,owner of a small store,offers to pay Lori much more money if she will leave Big Corp and work for his store.When Lori starts to work for Richard,Big Corp correctly claims Richard is liable for tortuous interference with a contract.

Accepted Answer

In an "at will" employment, there is no contract preventing Lori from leaving Big Corp, so Richard is not liable for tortious interference with a contract.

Question 4

In order for a plaintiff to prevail in a suit for slander,the plaintiff generally must prove some injury.

Accepted Answer

In order to prevail in a lawsuit for slander, the plaintiff typically must prove that the false statement caused them some form of harm or injury, such as damage to their reputation or loss of economic opportunities.

Question 5

A tort action differs from a contract action in which of the following ways?

Accepted Answer

A tort action involves an obligation that arises due to a wrongful act or omission that causes harm or injury to another person, regardless of any pre-existing agreement or relationship between the parties. In contrast, a contract action involves an obligation that arises from a pre-existing agreement or promise between the parties. Therefore, the difference between a tort action and a contract action lies in how the obligation is created, not how it is enforced. Monetary damages can be awarded in both tort and contract actions.

Question 6

Tom was exposed to asbestos on his job in an demolition project.In a lawsuit against his employer,the court must decide the full extent of both present and future damages rather than allowing Tom to return to court years later if medical problems develop at that time.

Accepted Answer

This statement is true. In a lawsuit regarding exposure to asbestos, it is important for the court to determine both present and future damages as asbestos-related illnesses may take years to develop and it may not be feasible to bring Tom back to court later on.

Question 7

Robert was a witness in a lawsuit.When asked why he fired Eva,Robert replied,"she was fired for stealing money from my office." Indeed,Eva had not stolen any money.Eva will be able to successfully sue Robert for defamation based on what he said in court.

Accepted Answer

Statements made in court are typically protected by absolute privilege, meaning they cannot be the basis for a defamation lawsuit.

Question 8

Krista,the Director of Sales at Trein,Inc.,had supervised Rex's work for eight years.Rex applied for a job at E-presto,Inc.E-presto called Krista for a recommendation.In giving the recommendation,Krista will be protected from a claim of defamation by a qualified privilege provided she acts in good faith.

Accepted Answer

A qualified privilege protects a person making a recommendation based on personal knowledge and good faith, from being sued for defamation. As Krista has supervised Rex's work for eight years, she has personal knowledge about his work and can give a recommendation in good faith.

Question 9

A salesclerk at Manny's Record Store observed a customer look at a classic heavy metal LP from the 1970s and discretely put it in her backpack.Manny's can detain the customer for suspicion of shoplifting without being held liable for false imprisonment.

Accepted Answer

According to common law, a store owner or employee may detain a customer for a reasonable amount of time if they have reasonable cause to suspect the customer of shoplifting. As long as the suspicion was reasonable and the detention was for a reasonable amount of time, the store owner or employee will not be held liable for false imprisonment. However, if there was no reasonable suspicion or if the detention was excessive, the store owner or employee could face legal consequences for false imprisonment.

Question 10

Opinion is generally a valid defense in a defamation lawsuit because it cannot be proven to be true or false.

Accepted Answer

Opinion is a subjective statement based on personal beliefs and cannot be proven true or false, making it generally not actionable in a defamation lawsuit. However, there are some situations where opinions can cross the line into defamation, such as if they are presented as facts or contain false implications or insinuations.

Question 11

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

Accepted Answer

All of the above options are valid defenses to a defamation claim. A statement cannot be defamatory if it is true, and opinions usually cannot be proven true or false, and therefore, are not actionable. Additionally, if the statement was made only to the plaintiff and not to any third party, it cannot constitute defamation since defamation requires publication to a third party.

Question 12

Res ipsa loquitur shifts the burden of proof from the defendant to the plaintiff to prove factual cause and foreseeable type of harm in order to establish negligence.

Accepted Answer

Res ipsa loquitur is a legal doctrine that allows a plaintiff to establish a defendant's negligence without direct evidence. In a res ipsa loquitur case, it is still the plaintiff's burden to prove negligence and causation, but the doctrine allows the plaintiff to rely on circumstantial evidence to establish a rebuttable presumption of negligence. However, the burden of proof still remains with the plaintiff throughout the case.

Question 13

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

Accepted Answer

A tort is a civil wrong, whereas a crime is a violation of criminal law. It is a common misconception that torts are the same as crimes, but they are two distinct legal concepts.

Question 14

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

Accepted Answer

The answer of If Gloria threw a rock which hit...

Question 15

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 their losses.

Question 16

In a tort case:

Accepted Answer

In a tort case, the injured party (or plaintiff) seeks compensation for damages caused by the defendant's wrongdoing or negligence. The plaintiff cannot send the defendant to jail as that is a criminal matter. The basis of the suit is not an agreement between the parties, but rather the harm caused by the defendant's actions. Therefore, only option A is correct.

Question 17

The elements in a defamation case are:

Accepted Answer

The elements in a defamation case include a defamatory statement, falseness, communication, and injury.

Question 18

An Internet service provider may not be held liable for defamation based on a posting on its bulletin board.

Accepted Answer

Section 230 of the Communications Decency Act provides immunity protection to internet service providers (ISPs) from liability for third-party content on their platform, including postings on their bulletin boards. However, if the ISP is involved in publishing or creating the defamatory content, they may be held liable.

Question 19

Written defamation is called "libel."

Accepted Answer

Written defamation is indeed called "libel," while spoken defamation is called "slander."

Question 20

Rick sold an air conditioner to Vivian,telling her it would easily cool a 400-square-foot room,even though he knew its effective cooling capacity was about 200 square feet.Rick is liable for the intentional tort of fraud.

Accepted Answer

Rick intentionally lied to Vivian about the air conditioner's capabilities in order to induce her to buy it. This is a clear case of fraud, and Rick can be held liable for any damages Vivian suffers as a result of his deception.

Quiz 6: Torts