BUSA Law Ch 7 Quiz

Mikey was angry with his restaurant competitor Leon because Leon kept taking all of Mikey's business. Mikey falsely posted on his Facebook page that Leon's restaurant actually belonged to the mob. This is the tort of _____.

slander of title Explanation: Slander of title is a business tort that occurs when false published statements are related to the ownership of business property.

A(n) _____ tort occurs when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.autions the defendant takes.

strict-liability

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _____.

with actual malice

The courts generally hold that businesses have a duty of care to protect their customers against unforeseeable risks.

False

To successfully bring a claim for intentional interference with contract, the plaintiff need not prove that he or she was injured as a result of the breach.

False

How is a tort defined?

A wrong or injury to another, other than a breach of contract

Juliana is sitting at her desk when Roberto approaches her, screaming at her and raising his fist as if to hit her. Which, if any, tort could this be classified as?

Assault An assault occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.

Pet Police. Millie breeds German Shepherd dogs. Bernard, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off

By shoving her in the back, Bernard committed a battery.

Steven knows that his dog has bitten several people. Cindy comes to visit him but Steven does not tell her about the dog's propensities. Unfortunately, the dog bites Cindy and she is required to have some stitches in her ankle. Which of the following is the most likely result if Cindy sues Steven?

Cindy will win on a negligence theory.

Which of the following is not a defense to battery?

Defense of one's reputation

Courts typically award punitive damages for pain and suffering, costs of repairing damaged property, medical expenses, and lost wages.

False Compensatory damages are typically awarded for pain and suffering, costs of repairing damaged property, medical expenses, and lost wages.

The use of deadly force in defense of property is usually justified.

False Defense of property allows you to use reasonable force to defend your property from an intruder. However, the use of deadly force in defense of property is rarely, if ever, considered justified.

Most states have replaced comparative negligence with contributory negligence.

False Most states have replaced contributory negligence with comparative negligence. As of the textbook's publication, twenty-eight states have adopted modified comparative negligence and thirteen have adopted pure comparative negligence, leaving only nine states with contributory negligence.

Privilege is not a defense in a defamation action.

False Privilege is an affirmative defense in a defamation action. An affirmative defense occurs when the defendant admits to the accusation but argues that there is a reason he should not be held liable.

Strict liability is liability due an intentional act or negligence.

False Strict liability is liability without fault.

What statutes prescribe that people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence?

Good Samaritan

Diving Fiasco. Mike, who owns a dive shop in the United States, decides to take a group of his customers diving in U.S. waters. Mike is aware that sharks occasionally visit the area where the divers will be visiting. He is also aware that while stingrays are usually tame, they can become aggressive when fed. Mike does not reveal that information to the group of divers going with him. The divers go down into the water, and some have squid with which to feed the stingrays. During the dive, one of

He will win because Mike should have warned him about the occasional appearance of sharks.

Which torts are the most willful?

Intentional

Assume Bob is driving and suddenly has an unexpected heart attack, causing him to run over a student crossing the street and breaking the student's leg. Which of the following is correct regarding Bob's liability to the student?

It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care.

Which of the following doctrines require(s) the court to determine the percentage of fault of the defendant and then hold the defendant liable for that percentage of the plaintiff's damages, but with the requirement that the defendant be more than 50 percent at fault before the plaintiff can recover?

Modified comparative negligence

What damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff?

Nominal

Which of the following is correct regarding the intent needed for an intentional tort?

The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another.

In order to establish a claim for negligence, the plaintiff must prove all but which of the following?

The plaintiff acted reasonably.

Tina negligently hits Susie with her car. Susie, rendered unconscious from the impact, is lying on the street. Which of the following is correct regarding whether Tina has a legal duty to come to the aid of Susie after the accident?

Tina has a legal duty to come to Susie's aid because she negligently hit her.

Good Samaritan statutes attempt to encourage selfless and courageous behavior by removing the threat of liability for individuals who offer aid to others in peril.

True

If the plaintiff's car is stopped at a red traffic light and is struck in the rear by a vehicle driven by the defendant, the defendant was negligent per se.

True

The primary objective of tort law is to provide compensation for injured parties.

True

The reasonable person standard is a measurement of the way members of society expect an individual to act in a given situation.

True

Tort law assumes that people intend what could be considered the normal consequences of their actions.

True

In a modified comparative negligence defense, the defendant must be more than 50 percent at fault for the plaintiff to recover.

True According to a pure comparative negligence defense, the court determines the percentage of fault of the defendant, and the defendant is then liable for that percentage of the plaintiff's damages; however, when modified comparative negligence is applied, the defendant must be more than 50 percent at fault before the plaintiff can recover.