Question 1

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 compensate the victim for their losses or injuries caused by the wrongdoer's actions. Punishment for the wrongdoer is typically handled in criminal law.

Question 2

Damages awarded in excess of normal compensation in order to punish a defendant for a serious civil wrong are known as punitive damages.

Accepted Answer

Punitive damages are intended to punish defendants for their wrongdoings, and are awarded in addition to normal compensation.

Question 3

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

Accepted Answer

This is true. A tort is a civil wrong that causes harm or injury to another person, while a crime is a criminal act that is punishable by law. Some actions can be both a tort and a crime, such as assault or defamation. The victim can sue for damages in a tort case and the perpetrator can be prosecuted in a criminal case.

Question 4

The law of torts is primarily made up of statutory law.

Accepted Answer

The law of torts is primarily made up of common law, which is developed by courts through their decisions in individual cases, rather than statutory law created by legislatures. However, there are some statutory laws that also relate to torts, such as product liability laws and medical malpractice laws.

Question 5

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

Accepted Answer

Intentionally knocking off Jordan's hat from his head without his permission is an unwanted touching or physical contact, which constitutes battery.

Question 6

BB,Inc.fires an employee and then,when asked for a reference on him,negligently makes some untrue statements,which prevent him from finding a job.BB is liable for defamation.

Accepted Answer

Defamation is a statement that harms a person's reputation. If BB, Inc. made untrue statements about the employee that prevented him from finding a job, it could be considered defamation.

Question 7

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

Accepted Answer

Battery involves a non-consensual and intentional physical contact with another person. In this case, Al deliberately kisses Susie without her consent while she is asleep, which can qualify as battery and can result in legal action.

Question 8

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

Accepted Answer

A plaintiff does not necessarily have to prove physical injury in order to sue for battery. Battery can also encompass any offensive, harmful or unwanted touching or physical contact, regardless of whether or not it causes physical injury.

Question 9

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 10

Arthur offers Bob,an employee of Carl,a yearly salary of $10,000 more than Bob receives under the contractual relationship between Bob and Carl.Arthur knows about the contract between Bob and Carl 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 Carl for intentional interference with contractual relations.

Accepted Answer

Arthur is intentionally offering Bob a salary that he knows is more than what Bob is receiving under his current contract with Carl, with the intention of getting Bob to break that contract and work for him instead. This constitutes intentional interference with contractual relations, and Carl would have grounds to pursue legal action against Arthur.

Question 11

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

This is true as both Moore and Lewpenski Motors can be held liable for the fraudulent misrepresentation made by their employee, Moore.

Question 12

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

Accepted Answer

Minors can be held liable for their intentional torts, but the level of responsibility may differ from an adult's. The court may consider factors such as age, maturity, and knowledge of the consequences of their actions.

Question 13

Pamela,without authorization,eavesdrops on a conversation between Mark and Elise.Pamela has not committed the tort of intrusion unless she makes the conversation public.

Accepted Answer

The tort of intrusion upon seclusion or privacy does not require that the information obtained through unauthorized access or eavesdropping be made public. The mere act of intruding into someone's private conversations or activities without consent can be enough to constitute the tort.

Question 14

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

Accepted Answer

Disparagement is when someone makes a false or misleading statement that harms the reputation or business interests of a company or product. Defamation, on the other hand, is when someone makes a false or misleading statement that harms the reputation of an individual or group.

Question 15

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 known as the actual malice standard, which applies to public officials and public figures in defamation cases. They must prove that the defendant acted with either knowledge of the falsity of the statement or reckless disregard for its truth. This standard was established by the Supreme Court in the case of New York Times Co. v. Sullivan.

Question 16

Qualified privilege depends on proper use of the privilege.

Accepted Answer

Qualified privilege is a legal protection that allows someone to share information without fear of being sued for defamation as long as they have a legitimate reason for sharing the information and do so in a proper manner. If they abuse the privilege by sharing false or malicious information, they can still be held liable for defamation. Therefore, qualified privilege does depend on proper use of the privilege.

Question 17

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 18

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 involves being intentionally and unlawfully confined without consent or justification. In this scenario, Sam fell asleep voluntarily and wasn't intentionally confined by the security guard. Therefore, he cannot sue for false imprisonment.

Question 19

All conversions are trespasses but not all trespasses are conversions.

Accepted Answer

This statement is true. A conversion is a type of trespass that involves taking someone else's property and using it as your own. However, not all trespasses involve taking someone else's property. For example, walking on someone's lawn without permission may be a trespass but it is not a conversion.

Question 20

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 any intentional interference with someone else's property without their consent. In this case, Tim threw the ball into the neighbor's yard, which is considered interference with their property. The fact that Tim did not physically enter the neighbor's property does not change the fact that he trespassed on their real property.

Quiz 7: Intentional Torts