MBA 650- Ch 9

Under the doctrine of __________, the plaintiff may recover only the proportionate amount of damages attributable to the defendant's negligence. a. comparative negligence b. contribution c. contributory negligence d. indemnity

a. comparative negligence

Which of the following is true regarding assault? a. Assault is an intentional, nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent. b. Assault is a negligent, nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent. c. Assault is an intentional, nonconsensual act of offensive contact. d. Assault is a negligent, nonconsensual act of harmful or offensive contact.

a. Assault is an intentional, nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent.

Written defamation is known as a. libel. b. slander. c. malicious intent. d. invasion of privacy.

a. libel.

Spoken defamation is known as a. slander. b. malicious intent. c. libel. d. invasion of privacy.

a. slander.

Any untrue statement shared with a third party that is published or publicly spoken which causes injury to another's good name, reputation, or character is known as which of the following? a. Defamation b. Libel c. Slander d. A false accusation

a. Defamation

Bob carelessly underinflated the tires on his car. While switching lanes on an interstate highway, Bob's tire comes loose from his car. The tire flies through traffic and hits a retaining wall. The retaining wall collapses, and a piece of it falls onto a gas pump located at a gas station next to the highway. The gas pump, due to the impact, lit on fire which then caused a forest fire. The forest fire burned down Carol's house half of a mile away. Will Carol be able to recover her losses due to Bob's negligence? a. Probably not, since it would be hard for Carol to show that there was proximate cause in this case. b. Probably, since Bob had a duty to protect Carol's from her house burning down. c. Probably not, since it would be hard for Carol to show case in fact in this case. d. Probably, since Bob initially caused the chain of events that resulted in Carol's house burning down.

a. Probably not, since it would be hard for Carol to show that there was proximate cause in this case.

A professional athlete injured during practice is deemed to have consented to the physical contact attendant to practice. a. True b. False

a. True

A single set of facts may give rise to claims under more than one tort. a. True b. False

a. True

Assumption of risk is a defense to the tort of negligence. a. True b. False

a. True

States have limited the doctrine of joint and several liability for tort defendants by adopting a contributory regime which allocates the amount of damages awarded according to the percentage of responsibility each defendant has in the plaintiff's injuries. a. True b. False

a. True

The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization is trespass to land. a. True b. False

a. True

Todd files a suit against United Media Corporation for defamation. Actual malice must be shown for recovery of damages if Todd is: a. a public figure. b. a corporate officer. c. a non-citizen. d. a private individual.

a. a public figure.

Which of the following is true regarding battery? a. Battery is the negligent, nonconsensual, harmful, or offensive contact with the plaintiff's body or with something in contact with it. b. Battery is the intentional, nonconsensual, harmful, or offensive contact with the plaintiff's body or with something in contact with it. c. Battery is the negligent, consensual, harmful, or offensive contact with the plaintiff's body or with something in contact with it. d. Battery is the intentional, consensual, harmful, or offensive contact with the plaintiff's body or with something in contact with it.

b. Battery is the intentional, nonconsensual, harmful, or offensive contact with the plaintiff's body or with something in contact with it.

Malin told Parker that Parker could park a farm tractor on Malin's land but only for one month. Two months later, Malin is annoyed because the farm tractor is still in the same place; and Parker refuses to move it. Which of the following causes of action, if any, would Malin have against Parker? a. Negligence b. Trespass c. Trespass and nuisance, but not negligence d. Nuisance

b. Trespass

The tort of negligence does not include the element of a. fault. b. intent. c. duty. d. causation.

b. intent.

A tort is a type of civil or criminal wrong. a. True b. False

b. False

Any word or action intended to make another person apprehensive of immediate physical harm is battery. a. True b. False

b. False

In most states shopkeepers who detain and later release a shoplifter may be held liable for false imprisonment even if the detention was reasonable and based on reasonable cause. a. True b. False

b. False

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct are known as equitable damages. a. True b. False

b. False

The tort of conversion requires that the defendant know that the goods belonged to the plaintiff. a. True b. False

b. False

Trespass to personal property and conversion are different names for the same tort. a. True b. False

b. False

Which of the following is true regarding respondeat superior? a. A principal may not be held liable for either the contracts or torts of its agent unless the principal expressly authorizes the agent's actions. b. A principal may be liable for only the torts of its agents, not the contracts. c. A principal may be liable for not only the contracts but also the torts of its agents. d. A principal may be liable for only the contracts of its agents, not the torts

c. A principal may be liable for not only the contracts but also the torts of its agents.

If an injury would have most likely occurred even without the interference of the defendant, the plaintiff cannot establish which of the following? a. Causation in law b. Proximate cause c. Actual cause d. Probable cause

c. Actual cause

Jennifer decides to go skydiving. Kevin, who is a professional skydiver, agrees to take her and informs her of the risks associated with skydiving. When Jennifer jumps her parachute does not open properly and she is injured. What is Kevin's best defense against liability for Jennifer's injuries? a. He has no defense. b. Strict liability c. Assumption of the risk d. Superseding cause

c. Assumption of the risk

Which of the following describes the monetary award equivalent to the actual value of injuries or damage sustained by an aggrieved party? a. Punitive damages b. Inequitable damages c. Compensatory damages d. Equitable damages

c. Compensatory damages

The two broad classifications of torts are: a. common law torts and statutory torts. b. None of these answers are correct. c. intentional torts and negligence. d. civil torts and criminal torts.

c. intentional torts and negligence.

An employer may be held liable for the __________ of employees acting __________, if the employer __________ to use care in hiring competent employees. a. criminal conduct, within the scope of employment, breached its own duty b. intentional conduct, within the scope of employment, did not breach its duty c. tortious conduct, outside the scope of employment, breached its own duty d. criminal conduct, within the scope of employment, did not breach its duty

c. tortious conduct, outside the scope of employment, breached its own duty

The most common defense raised by defendants charged with an intentional tort is that the plaintiff consented to the defendant's act. a. True b. False

a. True

Trespass may occur below the surface of land. a. True b. False

a. True

A civil wrong resulting in injury to a person or property with the subjective desire to cause the consequences of the act is known as: a. a civil tort. b. an intentional tort. c. a criminal tort. d. an unintentional tort

b. an intentional tort.

One of the reasons for the doctrine of respondeat superior is that: a. employees should not be held liable for their own torts while acting in the scope of employment. b. employers are usually in a better financial position to bear the loss. c. only employers with fifty or more employees should be liable for torts committed by their employees while in the scope of employment. d. no employee will commit a tort in the scope of employment unless authorized to do so by the employer; hence, the employer should be held liable.

b. employers are usually in a better financial position to bear the loss.

In an email to Tonia, Claude wrote, "Melissa is very stupid. She has a low IQ, as has been shown in several private IQ tests that I have administered. I can't understand why a smart person like you would associate with her." In fact, Melissa has a very high IQ, which the IQ tests showed. Claude's statement is an example of: a. slander per quod. b. libel per se. c. slander per se. d. libel per quod.

b. libel per se.

Grant tells Heather that Ian, her husband, is a convicted criminal. Based on this, Heather files for divorce against Ian. Ian, in fact, has never been arrested in his life. Ian may successfully sue Grant for: a. a false accusation. b. slander. c. libel. d. fraudulent misrepresentation

b. slander.

Concept Computers, a computer store, takes unethical steps to divert the customers of Digit All Goods, an adjacent competing store. Concept may be liable for: a. appropriation. b. wrongful interference with a prospective business advantage. c. wrongful interference with contractual relations. d. None of these answers are correct.

b. wrongful interference with a prospective business advantage.

______ is the publication of statements derogatory to the quality of the plaintiff's business, to the business in general, or to the plaintiff's personal affairs in order to discourage others from dealing with him or her. a. Critical falsehood b. Malicious derogatorism c. Disparagement d. Defamation

c. Disparagement

What does the term respondeat superior mean? a. Let the servant or master answer. b. The master was negligent. c. Let the master answer. d. Let the servant answer.

c. Let the master answer

CASE 9.1, Kubert v. Best (2013) examined the question of whether a third party who was not present, but was __________ the driver of the car who hit the plaintiff, had __________ the person who was injured. a. texting; distracted b. texting; a legal defense to c. texting; a legal duty of care to d. talking to; a legal duty to

c. texting; a legal duty of care to

Perry attempted to hit Bailey without good cause; but Bailey ducked, and Perry hit Adrian instead. Adrian had been looking the other way and did not see it coming and was shocked when the blow landed. Which of the following is true regarding the cause of action, if any, Adrian would have against Perry? a. Based on the theory of transferred intent, Adrian would have a cause of action against Perry for assault and battery. b. Based on the theory of transferred intent, Adrian would have a cause of action against Perry for assault. c. Adrian would not have any cause of action against Perry because contact between them happened by accident. d. Based on the theory of transferred intent, Adrian would have a cause of action against Perry for battery.

d. Based on the theory of transferred intent, Adrian would have a cause of action against Perry for battery.

Under the doctrine of __________, the plaintiff's negligence is an absolute bar to recovery against the defendant. a. comparative negligence b. contribution c. indemnity d. contributory negligence

d. contributory negligence

Under the doctrine of __________ liability, once the court determines that multiple defendants are at fault, the plaintiff may collect the entire judgment from any one of them, regardless of the degree of that defendant's fault. a. contributory liability b. joint and individual liability c. cumulative liability d. joint and several

d. joint and several

In the classic case Palsgraf v. Long Island Railroad (1928), the court denied Mrs. Palsgraf's claim of negligence on the ground that her injuries were __________, therefore the railroad employee's actions were not __________ of her injuries. a. not foreseeable; an actual cause b. not foreseeable; the intentional factor in the claim c. the actual cause; representative d. not foreseeable; a proximate cause

d. not foreseeable; a proximate cause

Barry is angry with a co-worker, Jason, because Jason received a promotion that Barry wanted. To get even, Barry placed sleeping pills in certain brownies he baked for the office, making sure that Jason received the brownies spiked with sleeping pills. Barry hoped that Jason would get in trouble for sleeping on the job. Jason did go to sleep but ended up being driven home by the supervisor who thought he had been working too hard and needed a rest. Barry was so furious that he went home and got in a big argument with his girlfriend, who knew about the brownie incident and ended up telling Jason what happened to get even with Barry. Which of the following is true regarding any cause of action Jason may have against Barry? a. Jason would have a cause of action against Barry for assault. b. Jason would likely have a cause of action against Barry for the intentional infliction of emotional distress, but he would not have a cause of action against Barry for either assault or battery because Barry did not actually touch him. c. Jason would have a cause of action against Barry for assault and battery. d. Jason would have a cause of action against Barry for battery.

d. Jason would have a cause of action against Barry for battery.

To protect its customers and other business invitees, Supreme Retail Corporation must warn them of: a. no dangers. b. only dangers that they were aware of. c. all dangers. d. any danger that they were aware of or might discover with reasonable care.

d. any danger that they were aware of or might discover with reasonable care.

Christy takes Derek's MP3 player without his permission and sells it to Elliot. Christy has committed the tort of: a. theft. b. trespass to real property. c. trespass to land. d. conversion

d. conversion

The standard against which negligence is measured and that must be observed to avoid liability for negligence is: a. the reasonable liability standard. b. the reasonable duty standard. c. None of these answers are correct. d. the reasonable person standard.

d. the reasonable person standard.