Business Chapter 10 Connect

Identify the principal invasions of personal interest that comprise the tort of invasion of privacy affecting business.

A defendant's intrusion upon a plaintiff's physical solitude A defendant who appropriates the plaintiff's name or likeness for his or her own use A defendant's public disclosure of highly objectionable, private information about a plaintiff

Identify a feature of the tort of fraud.

A victim of fraud must justifiably rely on a misrepresentation and must suffer some injury.

Most states in the United States have statutes that permit merchants or their employees to reasonably detain customers suspected of shoplifting. In the context of the tort of false imprisonment, identify the factors that can cause merchants or their employees to lose this statutory privilege.

An unreasonable length of confinement Lack of reasonable suspicion of shoplifting The unnecessary use of force

_____ is the wrongful exercise of dominion (power) and control over the personal (nonland) resources that belong to another.

Conversion

_______ is the publication of untrue statements about another that hold up that individual's character or reputation to contempt and ridicule.

Defamation

Identify the true statements about duty of care.

Duty of care toward a person determines whether one owes the person reasonable care. Duty of care usually arises from a person's conduct or activity.

True or false: Compensatory damages are awarded solely based on the sympathy of the judge.

False

True or false: In cases of willful and wanton negligence, the plaintiff has to prove that the intent of the defendant was to cause injury to the plaintiff to recover punitive and actual damages.

False

Identify a true statement about willful and wanton negligence.

In this type of negligence, an injured plaintiff can recover punitive as well as actual damages.

_____ is a business tort that consists of the publication of untrue statements that disparage the business owner's product or its quality.

Injurious falsehood

_______ , an important element in intentional torts, is defined as the desire to bring about certain results.

Intent

Which of the following is true of the tort of trespass?

It concerns the crossing of an owner's boundaries.

Assault

Juan threatens to thrash James with a wrench.

Which of the following is an activity on which the courts would impose strict liability in tort for being ultrahazardous?

Keeping dangerous wild animals

Battery

Michael slaps his colleague Sam.

_______ is an area of tort liability that deals with situations where a person who has a duty to act reasonably instead acts carelessly and causes injury to another person.

Negligence

Slander

Oral defamation

_________ defects are those that arise when the products are not manufactured to the manufacturer's own standards.

Production

_______ _______ represents the proposition that those engaged in activity are legally liable only for the foreseeable risk that they cause.

Proximate causation

Identify an accurate statement about defamation.

Punitive or punishment damages may be assessed in defamation cases.

_______ _______ is a catchall phrase for the legal responsibility for injury-causing behavior that is neither intentional nor negligent.

Strict liability

Production defects

They arise when products are not manufactured to a manufacturer's own standards.

True or false: In the context of torts affecting business, intentional infliction of mental distress is considered a battery to the emotions.

True

True or false: Punitive damages are used to punish those who commit aggravated torts and act to deter future wrongdoing.

True

True or false: Strict liability is imposed on a party regardless of whether that the behavior is negligent or intentional.

True

Identify some of the elements that make up negligence in the context of torts.

Unreasonable behavior by the defendant that breaches the duty Existence of a duty of care owed by the defendant to the plaintiff Causation in fact

Libel

Written defamation

In a negligence suit, the plaintiff must prove that the defendant actually caused an injury. The courts term this:

cause in fact.

The major types of loss that potentially follow tort injury are called _______ _______.

compensatory damages

A characteristic of the tort of conversion is that it _____.

deprives owners of their lawful right to exclude others from such resources

The statutes imposing strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons are called _____.

dram shop acts

While contesting a case of injurious falsehood or trade disparagement, the plaintiff must _____.

establish the falsity of the defendant's statements

One defense to defamation is to assert that the statement was _______ communication.

privileged

Dram shop acts impose strict liability on ____ owners.

tavern

Courts impose strict liability in tort for activities such as transporting and using explosives and poisons. These are referred to as _______ activities.

ultrahazardous

In the context of the element of negligence in intentional torts, the _____ doctrine requires an injury to be caused directly by a defendant's negligence.

proximate cause

A person doing something has a duty to use ______ care to avoid injuring others.

reasonable

The term _______ means "wrong." Legally, it is a civil wrong other than a breach of contract.

tort

To enter another's land without consent or to remain there after being asked to leave constitutes the tort of _______ to land.

trespass

A fraud of failure to disclose arises when a defendant is _____.

under a legal duty to disclose a fact

In the context of intentional torts, identify a true statement about the broader meaning of intent.

In some circumstances, it includes results that are substantially likely to result from an action.

Contributory negligence

It absolutely bars the plaintiff from recovery if the plaintiff's own fault contributed to the injury in any degree, however slight.

Comparative responsibility

It does not bar the plaintiff's recovery because of some form of negligence.

Battery

It is an illegal touching of another individual

Identify the true statements about strict products liability.

It is applicable only to "commercial" sellers. It deals with the sale of unreasonably dangerous defective products.

Identify a true statement about injurious falsehood.

It is similar to defamation of character as a cause of action.

Assault

It is the placing of another in immediate apprehension for his or her physical safety.

Identify the three major types of compensatory damages that potentially follow tort injury.

Past and future pain and suffering Past and future medical expenses Past and future economic loss

_____ is a major type of strict tort liability for the commercial sale of defective products.

Strict products liability

Identify the accurate statements about punitive damages.

The key to the award of punitive damages is the defendant's motive Punitive damages are awarded for dangerously negligent conduct.

Identify the basic defenses to a claim of defamation.

The statements made were true. The statements arose from privileged communications.

Design defects

They occur when a product is made according to a manufacturer's standards, but the product injures a user due to its unsafe design.

Which of the following is true of torts?

They set limits on people's actions so that they do not violate the rights of others.

In the context of torts affecting business, while suing on the basis of an intentional infliction of mental distress, the plaintiff is usually required to prove that the defendant's behavior _____.

caused not only mental distress, but also physical distress to the plaintiff

In the context of the defenses to allegations of negligence, comparative responsibility is different from contributory negligence in that the former _____.

compares the plaintiff's fault with the defendant's and reduces the damage award proportionally

The intentional unjustified confinement of a nonconsenting person is known as the tort of _______ _______ .

false imprisonment

The tort law that deals with _____ states that before an advertiser uses an individual's picture or name, the advertiser must obtain a proper release from the individual to avoid possible liability.

invasion of privacy

When the carelessness of two or more tortfeasors contributes to cause a plaintiff's injury, tort law handles such cases by _____.

making each tortfeasor jointly and severally liable for the entire judgment

In a hardware store, while demonstrating the use of a new piece of machinery, an employee accidentally injures a customer. The customer can hold the employee and the store liable on the grounds of _____.

negligence