BLS 342 - Ch. 10 Torts

Elaine, the manager at Slurpee Heaven, warns Kelly who performs poorly throughout the year that she will lose her job if she does not perform better. Later, Kelly sends Elaine text messages from an anonymous phone number in anger, threatening to harm her. In this case, Elaine can sue Kelly for __________. A. False imprisonment B. Battery C. Defamation D. Trespass E. Assault

Assault --------------------------------- False imprisonment - intentional unjustified confinement of non-consenting persons Battery - illegal touching of another Defamation - publication of untrue statements about another that hold up that individual's reputation to ridicule Trespass - entering another's land without consent or to remain there after being asked to leave

Brooke walks up to Kevin, a complete stranger, and demands that Kevin pay her $1,000 or she will hurt him. In this case, Brooke commits a(n) ______________ A. Assault B. Conversion C. Fraud D. Battery E. Disparagement

Assault ---------------------------------- Conversion - wrongful exercise of dominion and control over resources Fraud - intentional misrepresentation of a material fact that is relied upon by someone to his or her injury Battery - illegal touching of another Disparagement - untrue statements that disparage the business owner's product or its quality

Claude finds out that Gina is responsible for his friend being fired. In a fit of rage, Claude attacks Gina when she walks home. In this case, Gina can sue Claude for ________. A. Assault B. Invasion of privacy C. Duress D. Libel E. Battery

Battery ---------------------------------- Invasion of privacy - invasion of personal interest (name or likeness for personal gain) Duress - Unlawful pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform Libel - used to recover damages as a result of printed defamation of character Assault - placing of another in immediate anxiety for his or her physical safety

Jim, a restaurant manager, punches a customer for his uncouth behavior toward a waiter. In this scenario, the customer can sue Jim for ____________. A. Libel B. Assault C. Fraud D. Duress E. Battery

Battery ---------------------------------- Libel - used to recover damages as a result of printed defamation of character Assault - placing of another in immediate anxiety for his or her physical safety Fraud - intentional misrepresentation of a material fact that is relied upon by someone to his or her injury Duress - unlawful pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform

Neil has admired Allison all semester, but has never talked to her. One day, Neil walks up to Allison after class and gives her a hug. Allison is angry and decides to sue Neil. Allison would sue Neil for the tort of A. Negligence B. Invasion of privacy C. Libel D. Battery E. Slander

Battery ---------------------------------- Negligence - unreasonable behavior that causes injury Invasion of privacy - invasion of personal interest (name or likeness for personal gain) Libel - used to recover damages as a result of printed defamation of character Slander - spoken statements damaging to a person's reputation

Which of the following illustrate the tort of conversion? A. Lori borrowing a book from the city library B. Christina purchasing a notebook computer from Sabrina without knowing that Sabrina had stolen it C. Billy publishing false statements about Jane in their school newspaper D. Daniel, a doctor, revealing private patient information without obtaining the patient's consent E. David returning Lucy's coat in the same condition as when he borrowed it

Christina purchasing a notebook computer from Sabrina without knowing that Sabrina had stolen it

___________ is the wrongful exercise of dominion and control over the personal resources that belong to another A. Conversion B. Garnishment C. Injunction D. Libel E. Rescission

Conversion

Many advertisers have been required to pay damages to individuals when pictures of them have been used without authorization to promote products. In such situations, which of the following torts has been committed by the advertisers A. Defamation B. Malicious prosecution C. Invasion of privacy D. Battery E. Assault

Defamation ---------------------------------- Malicious prosecution - causing someone to be arrested criminally without proper grounds Invasion of privacy - comprises invasion of personal interest (name or likeness for personal gain) Battery - illegal touching of another Assault - placing of another in immediate anxiety for his or her physical safety

T/F - If Person A illegally touches Person B, Person A has committed an assault

False - assault: placing of another in immediate anxiety for his or her physical safety

T/F - Touching can constitute part of a battery only if it causes injury

False - battery: illegal touching of another

T/F - False imprisonment is a tort of negligence

False - false imprisonment: intentional tort

T/F - Only individuals can sue for defamation, not corporations

False - individuals and corporations can sue for defamation

T/F - The news media are liable for the defamatory untruths they print about public officials and public figures even if the defendants prove that they were published without malice or without any disregard for the truth

False - publication of untrue statements about another that hold up that individual's reputation to ridicule

T/F - The tort of trespass arises only when a defendant damages the property of a plaintiff

False - trespass: entering another's land without consent or to remain there after being asked to leave

Which of the following statements is true of tort law? A. It exists to protect people from being twice for the same crime B. It deals with criminal cases rather than civil cases C. It requires an agreement between the parties involved to resolve a wrong D. It sets limits on how people can act and use their resources E. It typically deals with breach of contract

It sets limits on how people can act and use their resources

Written defamation, or defamation over radio or television is termed __________. A. Slander B. Battery C. Hearsay D. Libel E. Assault

Libel ---------------------------------- Slander - spoken statements damaging to a person's reputation Battery - illegal touching of another Hearsay - an out-of-court statement, made in court, to prove the truth of the matter asserted Assault - placing of another in immediate anxiety for his or her physical safety

What protects the news media from invasion of privacy claims when publishing information about public figures and officials? A. If the figure or official consents to the publication B. Mitigation of damages C. The Second Amendment D. The First Amendment E. The exculpatory clause

The First Amendment

In the context of tort law, what is intent? A. The desire to bring about certain or substantially likely results B. A civil wrong other than a breach of contract C. The legal obligation imposed by law D. An untrue written statement communicated to a third party E. The failure to exercise reasonable care that foreseeable causes injury

The desire to bring about certain or substantially likely results

To enter another's land without consent or to remain there after being asked to leave constitutes the tort of _________. A. Invasion of privacy B. Assault C. Battery D. Trespass E. Conversion

Trespass ---------------------------------- Invasion of Privacy - invasions of personal interest (name or likeness for personal gain) Assault - placing of another in immediate anxiety of his or her physical safety Battery - illegal touching of another Conversion - wrongful exercise of dominion and control over resources

T/F - One is not liable for another's injury unless he or she has a duty towards the person injured

True

T/F - Purchasing, even innocently, something that has been stolen is considered conversion

True

T/F - Sarah is driving while intoxicated, and she hits Matthew's car, This makes Sarah a tortfeasor

True

T/F - The tort of invasion of privacy actually encompasses three principal invasions: misappropriation of one's name or likeness, intrusion upon physical solitude, and public discourse of objectionable and private information

True

T/F - To be held responsible for a strict liability tort, there does not need to be a showing of intent to cause injury or negligence

True

William, a physician, reveals private medical information about Ryan, his patient, on social media. As a result, Ryan is subject to discrimination at work. He decides to sue William. Which of the following statements is true in this case? A. William can be sued for invasion of privacy B. William has not committed any tort and will not have to pay damages to Ryan C. William has assaulted Ryan D. William can be sued for fraud E. William has intentionally interfered with Ryan's employment

William can be sued for invasion of privacy