Business Law Exam 1 (Chapter 7) - Intentional Torts

A defamatory communication that is spoken or oral is designated libel. T/F

False

A letter sent to someone falsely accusing her of being a murderer constitutes the tort of defamation. T/F

False

A major difference between trespass to personal property and conversion is that the latter does not require intent to harm whereas trespass does. T/F

False

A person may employ deadly force to protect his property. T/F

False

Bodily contact intended as a compliment or as a joke cannot constitute a battery since there is no intent to offend. T/F

False

Generally, consent is not a defense in an intentional tort action. T/F

False

Incompetents and persons under the age of 18 cannot be held liable for their intentional torts. T/F

False

Harms or injuries that are tortious may be inflicted: intentionally. negligently. without fault. In all of these ways.

In all of these ways.

A person can be guilty of trespass whether he or she intended or did not intend to violate the other's rights. T/F

True

A person would be liable to the rightful owner of stolen property for conversion even though the person bought it in good faith from the thief and without knowledge that it had been stolen. T/F

True

AB, Inc. fires an employee and then, when asked for a reference on him, knowingly makes some untrue statements which prevent him from finding a job. AB is liable for defamation. T/F

True

Abuse of process applies even when there is probable cause or when the plaintiff or prosecution succeeds in the litigation. T/F

True

All conversions of personal property are trespasses, but not all trespasses to personal property are conversions. T/F

True

Assault is principally a mental rather than a physical intrusion. T/F

True

Businesses that conduct their business activities through employees are liable for their employees' torts committed in the course of employment. T/F

True

Consent, given by a person with capacity, negates the wrongfulness of an act. T/F

True

For purposes of intentional torts, a person can have the intent to cause harm if the harm is substantially certain to occur even if he or she doesn't desire that such harm occur. T/F

True

In order to constitute a battery, contact need not cause physical injury. T/F

True

Intent, for purposes of tort law, does not require an evil or hostile motive. T/F

True

Bodily contact that is harmful or offensive can give rise to the tort of: assault. battery. defamation. appropriation.

battery.

Andrew noticed Michael and his pregnant wife Georgette walking down the street and, as a joke, drove his car within inches of Michael. Michael wasn't injured, but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy. Andrew has: no liability to Georgette, because he has not committed a tort against her. committed the tort of battery against Georgette. committed the tort of battery against Michael but has committed no tort against Georgette. committed the tort of intentional infliction of emotional distress against Georgette.

committed the tort of intentional infliction of emotional distress against Georgette.

Intent as used in the law of intentional torts requires the defendant to: understand that her actions created the end consequence. desire to cause the consequence of her action. believe the consequences are substantially certain to result from her action. All of these.

desire to cause the consequence of her action.

In an article about a prominent judge, a newspaper indicates the possibility that the judge had organized crime connections. The judge sues. The judge will have a cause of action: if the suit is for defamation and the newspaper responsibly checked its sources. if the suit is a suit for intrusion. whether or not the newspaper checked its sources as long as the information printed is ultimately found to be untrue. if the information is untrue and the newspaper did not check its sources.

if the information is untrue and the newspaper did not check its sources.

Arthur fired a gun in the middle of the desert. He intended to fire the gun, but had no reason to believe anyone else was in the area. If the bullet hits Tom, who happened to be riding his ATV across the desert: Arthur has committed the tort of assault. Arthur has committed the tort of battery. it is unlikely that Arthur has the necessary intent to commit a tort. Arthur has committed the tort of intentional infliction of emotional distress.

it is unlikely that Arthur has the necessary intent to commit a tort.

A(n) ____ is a non-trespassory invasion of another's interest in the private use and enjoyment of land. trespass to real property Correct! nuisance interference with contractual relations fraudulent misrepresentation

nuisance

Damages for interference with contractual relations include: payment for emotional distress. nominal damages. conversion fees. criminal fines.

payment for emotional distress.

Business torts consist of: interference with contractual relations. disparagement. fraudulent misrepresentation. All of these.

All of these.

Intentional harm to property includes which of the following torts? Trespass to real property Nuisance Trespass to personal property All of these.

All of these.

Invasion of privacy consists of: appropriation. intrusion. public disclosure of private facts. All of these are invasions of privacy.

All of these are invasions of privacy.

Defenses to intentional torts include: self-defense and consent. defense of others and consent. self-defense and defense of property. All of these are valid defenses.

All of these are valid defenses.

An absolute privilege exists to protect which of the following in defamation cases? Members of Congress on the floor of Congress Statements made by the U.S. President in the discharge of official duty Statements about third persons between spouses when they are alone All of these.

All of these.