Question 1

The Restatement Third, Torts, completed and approved in 2004, covers torts that involve economic loss not resulting from physical harm to persons or property.

Accepted Answer

False

Question 2

Only the intentional destruction of personal property and not the use of the property in an unauthorized manner can give rise to a cause of action for conversion.

Accepted Answer

The use of personal property in an unauthorized manner can also give rise to a cause of action for conversion. Conversion occurs when someone intentionally interferes with someone else's property in a way that deprives them of their right to use or possess it. This can happen through destruction of the property or through using it in a way that the owner did not authorize.

Question 3

Under constitutional privilege, a public official or public figure must prove that the defendant published the defamatory and false comment with knowledge of the comment's falsity or in reckless disregard of the truth.

Accepted Answer

This is the standard for proving defamation against a public official or public figure under the constitutional privilege afforded by the First Amendment. They must show that the defendant acted with actual malice in making the defamatory statement, meaning they knew it was false or had a reckless disregard for the truth.

Question 4

The law of torts is primarily statutory law.

Accepted Answer

The law of torts is primarily common law, which is developed through judicial decisions rather than statutes. However, many jurisdictions have also enacted statutes that address specific torts or provide remedies for certain types of harm.

Question 5

In order to sue for battery, a plaintiff must prove that he or she has received a physical injury.

Accepted Answer

A plaintiff can sue for battery even if there is no physical injury. Battery occurs when someone intentionally touches another person without their consent, and it can include actions such as hitting, pushing, or spitting on someone. The plaintiff may be able to recover damages for emotional distress or other harm caused by the battery, even if there are no physical injuries.

Question 6

The purpose of tort law is to punish the wrongdoer.

Accepted Answer

The purpose of tort law is not to punish the wrongdoer, but rather to provide compensation to the victim for the harm or loss caused by the wrongdoer. Punishment is the role of criminal law.

Question 7

Brad doesn't like Carl and especially dislikes Carl's new felt hat, so he intentionally knocks it off Carl's head in order to embarrass Carl.Brad has committed a battery.

Accepted Answer

Intentionally touching someone without their consent is considered battery, and knocking off Carl's hat is a form of unwanted physical contact.

Question 8

Arthur offers Bob, an employee of Carol, a yearly salary of $10,000 more than Bob receives under the contractual relationship between Bob and Carol.Arthur knows about the contract between Bob and Carol and knows that the contract should run for another five years, but Arthur badly wants Bob to work for him.Arthur probably is liable to Carol for intentional interference with contractual relations.

Accepted Answer

Arthur intentionally offered Bob a salary that would induce him to breach his existing employment contract with Carol. As a result, Arthur has interfered with Carol's contractual relations with Bob, and could be held liable for damages.

Question 9

All conversions are trespasses but not all trespasses are conversions.

Accepted Answer

This is because conversion involves taking someone else's property and using it as one's own, which is a clear and intentional violation of their property rights. However, not all trespasses necessarily involve taking or using someone else's property - they may simply involve crossing onto someone else's property without permission. Therefore, all conversions are trespasses (because they involve a taking of property), but not all trespasses are conversions.

Question 10

Each person is legally responsible for the damages proximately caused by his or her tortious conduct, and businesses that conduct activities through employees are also liable for the torts their employees commit in the course of employment.

Accepted Answer

This is the principle of vicarious liability where a business can be held liable for the actions of its employees while they are conducting activities in the course of their employment. Each person is also responsible for their own tortious conduct and any damages resulting from it.

Question 11

Qualified privilege depends on proper use of the privilege.

Accepted Answer

Qualified privilege is a legal right that allows individuals to communicate information without fear of being sued for defamation, as long as the information is provided in good faith and for a justifiable purpose. However, this privilege is not absolute and can be lost if the privilege is abused or misused. Therefore, qualified privilege depends on proper use of the privilege.

Question 12

Moore, an employee of Lewpenski Motors, fraudulently tells Tolson, a prospective car buyer, that the used car he is considering has never been in an accident.If Tolson buys the car in reliance on Moore's false statement, both Moore and Lewpenski Motors are liable to Tolson for damages based on the fraudulent misrepresentation.

Accepted Answer

Both Moore and Lewpenski Motors can be held liable for the fraudulent misrepresentation made by their employee, which induced Tolson to make the purchase.

Question 13

In only a minority of states a jury may award punitive damages if a defendant's tortious conduct is intentional and outrageous.

Accepted Answer

In the majority of states, a jury may award punitive damages if a defendant's tortious conduct is intentional and outrageous, as punitive damages are designed to punish particularly egregious behavior and deter similar conduct in the future.

Question 14

John and Megan are at a crowded theater.In the press of people exiting the theater, John accidentally steps on Megan's big toe and breaks it.Megan can sue John for the tort of battery.

Accepted Answer

Battery requires intentional contact or harm, and John stepping on Megan's toe was accidental, not intentional.

Question 15

Tim and his friend are playing catch in the back yard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks the window.This is trespass to real property, even if Tim himself does not go onto the property to get the ball.

Accepted Answer

Trespass to real property refers to the intentional interference with someone else's property, including throwing objects onto their land. In this case, even though Tim did not physically enter the neighbor's yard, he interfered with their property by throwing the ball over the fence and breaking a window.

Question 16

Minors under the age of 18 are not held liable for their intentional torts.

Accepted Answer

Minors can be held liable for intentional torts, but their level of liability may be modified due to their age and maturity level.

Question 17

Sam goes to the movies one Friday evening.The movie is boring and Sam falls asleep.At 2
a.m., the security guard locks the building.Sam awakens the next morning when the cleaning crew opens the door.Sam can sue for false imprisonment.

Accepted Answer

False imprisonment requires intentional confinement or restraint by another person. In this scenario, Sam was not intentionally confined by the security guard, but rather fell asleep during the movie and was accidentally locked inside. Therefore, there is no case for false imprisonment.

Question 18

Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to business interests.

Accepted Answer

Disparagement involves making false or misleading statements about a business's products or services, which can harm its reputation and sales. Defamation, on the other hand, involves making false or harmful statements about an individual that can damage their personal reputation.

Question 19

Al, the bus driver on a cross-country Greyhound, kisses Susie, a passenger, while she sleeps.Al could be sued for battery.

Accepted Answer

Kissing someone without their consent is considered physical contact, which constitutes battery.

Question 20

The same act can be both a tort and a crime.

Accepted Answer

This is true. The same act can be both a violation of civil law (a tort) and a violation of criminal law (a crime). For example, if someone steals from another person, they can be sued in a civil court for the tort of theft and charged with a crime in a criminal court for the same act.

Quiz 7: Intentional Torts