Question 1

If a shoplifting suspect is detained for an unreasonably long time and is found to be innocent, the merchant is liable for the tort of malicious prosecution.

Accepted Answer

The correct tort in this context would be false imprisonment, not malicious prosecution. Malicious prosecution involves wrongfully subjecting someone to the criminal justice process.

Question 2

Explain the torts of appropriation and invasion of the right to privacy with examples.

Accepted Answer

The answer of Explain the torts of appropriation and invasion...

Question 3

A disparagement is an untrue statement made by one person or business about the products, services, property, or reputation of another business.

Accepted Answer

A disparagement is defamatory statement that is false and harms the reputation of another business or person.

Question 4

If a person did not have knowledge that his representation of facts was false, he is still liable for fraud.

Accepted Answer

For a claim of fraud to be valid, there must be an intention to deceive. If a person genuinely believed their representation was true, they cannot be held liable for fraud due to the lack of fraudulent intent.

Question 5

How is assault different from battery?

Accepted Answer

The answer of How is assault different from battery?...

Question 6

Direct physical contact, such as intentionally hitting someone with a fist, is considered battery.

Accepted Answer

Battery is defined as any intentional physical contact that is harmful or offensive to another person, without that person's consent. This can include hitting someone with a fist, as well as other forms of physical contact such as pushing, slapping, or grabbing.

Question 7

A bystander who suffers severe emotional distress on witnessing a heinous crime can claim damages for intentional infliction of emotional distress.

Accepted Answer

The answer of A bystander who suffers severe emotional distress...

Question 8

In a lawsuit for malicious prosecution, the original defendant sues the original plaintiff.

Accepted Answer

In a lawsuit for malicious prosecution, the original defendant sues the original plaintiff for wrongfully initiating a legal proceeding against them without probable cause and with malicious intent.

Question 9

Jessica files a frivolous lawsuit against Thomas, claiming emotional distress because he plucked flowers from her garden without her permission. The judge exonerates Thomas who can now sue Jessica for malicious prosecution.

Accepted Answer

Malicious prosecution refers to the act of wrongfully or maliciously instituting a criminal or civil case. If Thomas was exonerated, it means that there was no basis for Jessica's lawsuit and it may be considered frivolous. Therefore, Thomas may have grounds to sue Jessica for the malicious prosecution.

Question 10

If a magazine publishes a false statement about a public personality, it is liable for invasion of the right to privacy.

Accepted Answer

A false statement published about a public figure would likely be considered defamation, not invasion of privacy. Public figures must meet a higher standard to prove defamation, which includes showing that the false statement was made with actual malice (knowledge that it was false or reckless disregard for the truth). Invasion of privacy typically refers to intrusion upon a person's solitude or private life, appropriation of a person's name or likeness, or public disclosure of private facts.

Question 11

Monica told a prospective patient that a certain cosmetic surgeon had been banned from practicing by the American Medical Council, but this is untrue. Is Monica liable for intentional tort? Why or why not?

Accepted Answer

The answer of Monica told a prospective patient that a...

Question 12

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Accepted Answer

The doctrine described in the question is the doctrine of unintentional torts, also known as negligence. Negligence holds that a person is responsible for harm that is the foreseeable consequence of their actions, as long as they had a duty to prevent that harm and failed to take reasonable steps to do so. The other options listed are specific types of torts with their own requirements for liability.

Question 13

Intentional misrepresentation occurs when a wrongdoer deceives another person out of money, property, or something else of value.

Accepted Answer

Intentional misrepresentation, also known as fraud, occurs when someone deliberately deceives another person in order to gain something of value, such as money or property. This can involve making false statements, concealing important information, or otherwise misleading the victim.

Question 14

Disparagement refers to the liability of a professional who breaches his or her duty of ordinary care.

Accepted Answer

Disparagement refers to making false or misleading statements about a competitor's products or services, which is a type of business tort. It is not related to the liability of a professional who breaches his or her duty of ordinary care.

Question 15

Assault and battery are mutually exclusive torts that do not occur together.

Accepted Answer

Assault and battery are two distinct torts, but they often occur together. Assault refers to the intentional creation of a reasonable apprehension of harm, while battery involves the intentional or harmful physical contact with another person. In some cases, an assault may lead to a battery. Therefore, assault and battery may occur together as part of the same incident or sequence of events.

Question 16

If a newspaper review calls a commercially successful actor talentless, it is liable for defamation of character.

Accepted Answer

A newspaper review is an opinion piece and is protected under freedom of speech. As long as the review is not making false statements of fact about the actor, it does not constitute defamation. Being commercially successful does not automatically make someone talented, so an opinion that someone is talentless is not a statement of fact that can be proven false.

Question 17

If a defendant makes an untrue statement of fact about the plaintiff and the statement is intentionally or accidentally published to a third party, the defendant is held liable for misappropriation of the right to publicity.

Accepted Answer

The scenario described is actually defamation, not misappropriation of the right to publicity. Misappropriation of the right to publicity involves using someone's name, image, or likeness for commercial purposes without their consent.

Question 18

A threat of future harm or moral pressure is not considered false imprisonment.

Accepted Answer

A threat of future harm or moral pressure is not considered false imprisonment, as false imprisonment typically involves physically restricting someone's freedom of movement.

Question 19

If a woman is informed of her husband being run over by a bus the previous night, she can recover damages for negligent infliction of emotional distress.

Accepted Answer

The answer of If a woman is informed of her...

Question 20

Malicious prosecution is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.

Accepted Answer

Malicious prosecution is a tort that allows a person to recover for damages caused by a wrongful prosecution or lawsuit filed without probable cause. Emotional distress is a potential component of damages, but it is not the only type of damages available, and it is not the primary focus of the claim. It is not a claim for negligence, as malice or ill will is an essential element of the tort.

Quiz 5: Intentional Torts and Negligence