Chap 7
Identify the torts that are collectively called invasion of privacy torts. (Check all that apply.)
Appropriation for commercial gain Public disclosure of private facts False light Intrusion on an individual's affairs or seclusion
Which of the following is an inaccurate statement regarding battery? Multiple choice question. Assault and battery are always synonymous. Almost any unwanted, intentional contact constitutes battery. Even if contact is intended as a joke, if a reasonable person would be offended, the contact can constitute battery. Even contacts that are harmless, if unwanted, are batteries.
Assault and battery are always synonymous.
Which of the following is a true statement regarding assault?
Assault does not require actual bodily contact.
Which of the following need not be proved by a plaintiff to bring a successful claim of intentional interference with contract? Multiple choice question. The defendant intentionally undertook steps to cause one of the parties to breach the contract. The defendant was a third-party beneficiary of the contract between two parties. The defendant knew of the existence of the contract and its terms. A valid and enforceable contract between two parties existed.
The defendant was a third-party beneficiary of the contract between two parties.
______-liability torts occur when a defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.
Strict
Torts against persons are ______ acts that harm an individual's physical or mental integrity.
intentional
Torts are most commonly classified as ______ torts.
intentional, negligent, or strict-liability
Which of the following is not an example of trespass to realty? Multiple choice question. intentionally causing a victim to experience severe emotional distress intentionally causing an object to be placed on the land of another without the landowner's permission intentionally entering the land of another without permission intentionally staying on the land of another when the owner says to leave
intentionally causing a victim to experience severe emotional distress
If defamation is published in a permanent form, it is known as ______.
libel
A(n) ______ tort occurs when a defendant is careless to someone else's detriment.
negligent
Using one's property in a manner that causes a neighbor to be subjected to flooding, vibrations, excessive noise, or smoke could lead to a(n) ______ claim.
nuisance
A person commits trespass to ______ by temporarily exerting control over another's personal property or interfering with the true owner's right to use the property.
personalty
Trespass to personal property is also called trespass to ______.
personalty
Which of the following is not a defense in an action for battery? self-defense defense of others assault consent
assault
Assault is an example of a(n) ______ tort.
intentional
Four distinct torts, collectively called invasion of privacy torts, protect an individual's right to _____.
keep certain things out of public view even if they are true
Which of the following is not a required element of battery? Multiple choice question. offensive (to the victim) unwanted (by the victim) intentional (by the defendant) negligent (by the defendant)
negligent (by the defendant)
Defamation that is made orally is called ___________.
slander
If a defendant commits a(n) ______ tort, he or she is liable for the plaintiff's damages without any requirement for the plaintiff to prove that the defendant was negligent.
strict-liability
A ______ is commonly defined as a wrong or injury to another, other than breach of contract.
tort
Which of the following is a recognized category of intentional torts? Multiple choice question. torts against social responsibility torts against ethics torts against economic interests torts against public policy
torts against economic interests
Tort is a French word meaning ______.
wrong
A(n) ______ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.
assault
______ occurs when a person permanently removes personal property from the owner's possession and control.
Conversion
Categories of intentional torts include all but which of the following? Multiple choice question. torts against property torts against social responsibility torts against persons torts against economic interests
torts against social responsibility
______ occurs when one uses intentional deceit to facilitate personal gain.
Fraudulent misrepresentation
______ is the intentional publication of a false statement harmful to an individual's reputation.
Defamation
______ torts occur when a defendant takes an action intending that certain consequences will result or knowing certain consequences are likely to result.
Intentional
______ occurs when someone intentionally takes an action that causes a person to breach a contract she or he has with another.
Intentional interference with contract
Which of the following is an accurate statement regarding negligence?
Negligence involves the failure to exercise reasonable care to protect another's person or property.
______ torts occur when a defendant acts in a way that subjects other people to an unreasonable risk of harm.
Negligent
Which of the following is the most common defense to battery? Multiple choice question. consent defense of property self-defense defense of others
self-defense
Which of the following is NOT an accurate statement regarding disparagement? Multiple choice question. Disparagement and unfair competition can be used interchangeably. Disparagement involves tarnishing a business's or product's reputation. Disparagement is an intentional tort against economic interests. Disparagement is similar to defamation.
Disparagement and unfair competition can be used interchangeably.
In the context of defamation, what does "intentional publication" mean?
communicating a false statement about someone to a third party
Which of the following is not a tort classification? Multiple choice question. intentional negligent strict-liability felony
felony
Torts against ______ are intentional acts that harm an individual's physical or mental integrity.
persons
A _____ nuisance occurs when a person uses his or her property in an unreasonable manner that harms a neighbor's use or enjoyment of his or her property.
private
Trespass to realty is also called trespass to ______.
real property
When conversion occurs, the true owner can ______.
recover damages for the full value of the converted item plus any additional damages that resulted from the loss
Libel can occur ______.
in a magazine or a newspaper