BUL4320 TB Ch.5 - Tort Law
58. In a digital ad, Geo Treks, a retail sports equipment store, falsely accuses its competitor Headwaters of selling stolen kayaks and other gear. Headwaters' sales decrease. Geo Treks has most likely committed a. conversion. b. none of the choices. c. slander of quality. d. slander of title.
d
62. Bix backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bix failed to act as a. a blameless person. b. faultless person. c. an objective person. d. a reasonable person.
d
66. Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego's tort action against Cato for negligence, Cato can most likely assert as a successful defense that a. Diego breached his duty to warn the driver of the impending accident. b. Cato did not intend to cause an accident. c. the risk of a car accident was foreseeable. d. Diego was not injured.
d
67. Dian enters a car race, knowing that there is a risk of being injured in a crash. Dian assumes a. only those risks that she agrees to assume. b. no risk in this situation. c. any risk—contemplated or not—associated with the race. d. the risk of being injured in a crash.
d
69. Shelly owns Reclaim & Restore (R&R), a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Penny, a spectator. Under the doctrine of strict liability, Shelly must pay for Penny's injury a. only if the R&R crew failed to use reasonable care. b. only if the R&R crew was greater than 50 percent at fault. c. only if the R&R crew was entirely at fault. d. without regard to the fault of the R&R crew.
d
1. A tort law is a civil wrong, including those that arise from a breach of contract. True/False
False
11. False imprisonment occurs only when a person justifiably restrains another. True/False
False
12. In most states, a merchant can use undue force to detain a person suspected of shoplifting without liability for false imprisonment. True/False
False
13. An employer can use his or her power and control to engage in an intentional pattern of outrageous abuse against an employee without potential tort liability. True/False
False
14. A person who wrongfully hurts another's good name or reputation orally may be liable for libel. True/False
False
16. A false statement made with actual malice can constitute defamation, unless the statement is about a public figure. True/False
False
17. A business cannot use puffery without liability for fraudulent misrepresentation. True/False
False
18. Intentional deceit for personal gain may be unethical but it does not give rise to liability for fraud. True/False
False
19. To gain a share of a market, a businessperson can interfere in another's business, even if the behavior is predatory. True/False
False
2. In a tort action, a business firm can recover general damages equivalent to the actual value of damage sustained. True/False
False
23. If an owner consents to the taking of his or her property, a failure to return cannot be a tort. True/False
False
24. Publication of false information about another's property is not a tort. True/False
False
26. Proximate cause exists if "but for" a wrongful act, an injury would not have occurred. True/False
False
3. An award of grossly excessive punitive damages is normally available in a suit involving gross negligence. True/False
False
30. A defendant cannot be liable for negligence unless he or she intended to harm the plaintiff. True/False
False
33. The standard of reasonable care for a professional is the same as that of an ordinary person. True/False
False
34. Strict liability is imposed only for an act that departs from a reasonable standard of care to cause an injury. True/False
False
4. In a successful tort suit, an individual is awarded compensatory damages to put him or her in a better position than the party who committed the tort. True/False
False
5. In most states, a plaintiff can obtain an unlimited amount of noneconomic general damages in a tort action. True/False
False
6. It is the motive behind the intent—not the intent—that is important in tort law. True/False
False
7. A defendant cannot be liable in an intentional tort action if he or she did not intend to cause harm to the plaintiff. True/False
False
36. For those who have suffered injuries as a result of the wrongful conduct of others, through tort law, society supports a. compensation. b. fines and imprisonment imposed on the wrongdoer. c. interference with the wrongdoer in a way not permitted by law. d. all of the choices.
a. compensation
38. Marco is harmed when Nell defames him. If Marco brings a successful tort action against Nell, he may be awarded general damages to compensate him for a. monetary losses, such as lost wages and benefits. b. nonmonetary aspects of the harm suffered, such as loss of reputation. c. the defendant's reckless disregard of the effect on the life of another. d. all of the choices.
b
43. After a dinner at Rosario's Diner, Sharon believes that she was overcharged and shoves Tom, the waiter, who is injured when he falls. Tom sues Sharon, alleging that the shove was a battery. Sharon is liable if a. Rosario's did not actually overcharge her. b. the shove was offensive. c. she acted out of anger. d. Rosario's prices are too high.
b
44. Evan is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Evan's paperwork, he is held in jail for a month. The police are most likely liable for a. assault. b. false imprison c. intentional infliction of emotional distress d. defamation.
b
51. Pete, a broker, advises Ollie to invest in Rocky Road Inc. When the share price of Rocky's stock decreases, Ollie accuses Pete of fraud, claiming reliance on Pete's advice. The reliance that gives rise to liability for fraud requires a. a threat of physical force. b. a misrepresentation of fact knowing that it is false. c. puffery. d. a statement communicated to at least one person other than the plaintiff.
b
54. Len, a MedCo Supplies salesperson, follows Nan, a salesperson for Optima Health Products (a MedCo competitor) as she visits locations to make sales. Len solicits each of Nan's customers. Len is most likely liable for a. conversion. b. wrongful interference with a business relationship. c. wrongful interference with a contractual relationship. d. none of the choices.
b
56. Trespass to land is committed if, without the permission of the property owner, a person a. enters the property to assist someone in danger. b. causes water to back up onto the property. c. has a revocable license to come onto the property. d. all of the choices.
b
60. Without Research Data Corporation's consent, Sia hacks into the firm's computers and downloads trade secrets and other confidential information. Most likely, Sia is liable for the tort of a. trespass to land. b. conversion. c. appropriation. d. battery.
b
61. Outlet Sales Store unknowingly buys goods that were stolen from Quality Products Inc. Most likely, Outlet Sales can be ordered to return the goods or pay their true owner for their value in a suit for a. none of the choices. b. conversion. c. appropriation. d. wrongful interference with a business relationship.
b
63. DIY, a retail hardware store, must use reasonable care on its premises to warn its invitees of a. all possible dangers. b. hidden dangers. c. dangers about which the business does not, or should not, know. d. no dangers.
b
65. Ricard, an engineer, supervises the construction of a new mountainside roadway. The road collapses in a landslide due to faulty grading. Motorists injured in the collapse sue Ricard in a tort action for negligence. Under that theory, as a professional, Ricard is held to the same standard of care as a. ordinary persons. b. other engineers. c. other professionals, including doctors, dentists, and lawyers. d. those injured in the collapse of the bridge.
b
10. Intentional physical contact with another is not a battery unless the contact is unexcused, harmful, or offensive. True/False
True
15. A false statement about a person's business can give rise to liability for defamation. True/False
True
20. A person will not be liable for wrongful interference if the interference results from legitimate competitive behavior. True/False
True
21. A wrongful action that interferes with a person's legal right to personal property can support a tort action in trespass. True/False
True
22. Taking personal property from its owner, without permission or just cause, is trespass—retaining it is conversion. True/False
True
25. An economically injurious falsehood about a business's product can support a tort action for disparagement of property. True/False
True
27. Foreseeability is the test for proximate cause. True/False
True
28. Liability for injuries based on proportionate negligence is allowed by most states. True/False
True
29. When someone suffers injury because of another's failure to live up to a required duty of care, negligence occurs. True/False
True
31. A business firm has a duty to exercise reasonable care to protect its business invitees. True/False
True
32. A landlord is expected to use reasonable care to ensure that his or her tenants are not harmed in common areas. True/False
True
35. A seller who introduces into commerce an unreasonably dangerous product may be subject to a tort action for strict liability. True/False
True
8. Intent can be transferred when an individual intends to harm one individual but unintentionally harms another. True/False
True
9. An act intended to make another person fearful of an immediate physical harm is an assault if the threat is reasonably believable. True/False
True
37. Lyn is injured when a part of a building ledge breaks free and strikes her. If Lyn brings a successful tort action against the building's owner, she may be awarded special damages to compensate her for a. monetary losses, such as medical expenses. b. nonmonetary aspects of the harm suffered, such as pain and suffering. c. egregious or reprehensible conduct by the defendant. d. all of the choices.
a
40. Rico brings a tort action against Sal and proves all of the elements of the claim. Sal's successful defense will a. release the defendant from partial or full liability for the tortious act. b. impose liability on Rico for any harm to Sal arising from the suit. c. further no legitimate purpose and violate the due process clause. d. toll the statute of limitations.
a
41. Don interferes with the business interests of Erin in a way not permitted by law, and Erin's business is harmed as a result. To be liable to Erin for the commission of an intentional tort, Don must have a. intended to commit the act. b. intended to harm Erin's business. c. acted with an evil motive. d. acted with a harmful motive.
a
49. Dylan applies for a position with Electrical Works LLC. Dylan's previous employer, Federal Circuits Inc., gives Electrical Works a review of Dylan that includes negative statements Federal Circuits knows are untrue. This is a. defamation. b. not defamation because Dylan was employed by Federal Circuits. c. not defamation because Dylan was not employed by Electrical Works. d. not defamation because the review was not published.
a
50. Hal posts online secretly recorded videos of Ida, and includes her name, address, phone number, and Facebook page. Most likely, Ida could bring a successful tort action against Hal for a. invasion of privacy. b. defamation. c. assault. d. appropriation.
a
64. Ivy slips and falls on the deck of Jet's Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the "50 percent" rule, if Ivy is more than 50 percent at fault, she will recover a. nothing. b. half of the expenses. c. the amount of the expenses attributable to Jet's fault. d. the entire amount of the expenses.
a
68. Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery a. even if Ichiro was only slightly at fault. b. only if Ichiro and Heather were equally at fault. c. only if Ichiro was less at fault than Heather. d. only if Ichiro was more at fault than Heather.
a
39. Opal is injured and her property is damaged when a truck with defective brakes careens off an adjacent highway and crashes into her home. If Opal brings a successful tort action against the truck's owner for gross negligence, she may be awarded punitive damages to a. compensate for her total losses. b. put her into the same position she would have been in if the tort had not occurred. c. punish the defendant and deter others from similar wrongdoing. d. all of the choices.
c
42. Khan takes a rock from a pile of stones on Lamb's property and throws it intending to hit Minh, but misses and hits Nasir instead. For the tort of battery, Nasir can sue a. Lamb. b. Minh. c. Khan. d. no one.
c
47. In an online blog, Oren states that Publicity Corporation invaded the privacy of individuals to collect marketing data for its clients. If the firm can prove all of the elements of defamation and Oren cannot assert a sufficient defense, Oren is most likely liable for a. contempt. b. malice. c. libel. d. slander.
c
52. Bram knows that the pipes in his building leak, but he tells Cass, a potential buyer, that there are no leaks. On this assurance, Cass buys the building. On learning the truth, she may sue Bram for a. defamation. b. conversion. c. fraudulent misrepresentation. d. wrongful interference with a business relationship.
c
53. Fran tells Gio that her Hyundai Kia has never been in an accident. This may give rise to an action for fraud if the statement is a. puffery. b. fact. c. false. d. opinion.
c
59. Fred, a clerk at a Games Store, takes a game player and a selection of games from the store without permission. Most likely, Fred is liable for a. trade libel. b. none of the choices. c. conversion. d. wrongful interference with a business relationship.
c
70. Excavation, Inc., uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because a. Excavation is a corporation. b. the activity is inherently negligent. c. the activity is extremely risky. d. the amount of liability can be added to the costs of construction.
c
45. Hilo tells the Internal Revenue Service that Jon "cheated on his taxes." This can lead to Hilo's liability for defamation if the statement is a. contemptuous. b. an opinion. c. true. d. false.
d
46. In a phone call to Lou, Mia makes statements about Nye that injures Nye's reputation. If Nye can prove all of the elements of defamation and Mia cannot assert a sufficient defense, Mia is most likely liable for a. contempt. b. malice. c. libel. d. slander.
d
48. Erol works for Food Packing Company. Erol's supervisor Gwen writes a negative review of Erol's performance. Gwen believes the statements are true, and limits their communication to the firm's management. In a tort action for defamation, Gwen can most likely assert as a successful defense a. none of the choices. b. malice. c. contempt. d. privilege.
d
55. Buddy's Burgers advertises so effectively that the regular customers of its competitor Slimy's Sliders patronize Buddy's instead of Slimy's. This is a. conversion. b. wrongful interference with a business relationship. c. wrongful interference with a contractual relationship. d. none of the choices.
d
57. Larry takes Kyla's textbook and hides it so that she cannot find it during the week before the exam. In taking the textbook, Larry most likely committed a. none of the choices. b. conversion. c. appropriation. d. trespass to personal property.
d