Business Law: Chapter 4
Special damages compensate plaintiffs for unquantifiable monetary losses. True or False
False
Which of the following does not qualify as an invasion of privacy
Privilege.
A guest in your home is not a trespasser unless that guest...
has been asked to leave but refuses
An unwelcome kiss can be considered an assault. True or False
False
The tort of defamation involves wrongfully hurting a person's good reputation.
True
Under the initial hurdle of proving special damages is overcome, a plaintiff alleging slander normally cannot go forward with the suit and recover any damages. True or False
True
Whether the contact is offensive or not is determined by the reasonable person standard. True or False
True
If Ethan carelessly bumps into Susan and she falls and breaks an arm as a result, Ethan's actions will constitute a. negligence b. battery c. assault d. none of these
a. negligence
The degree of care to be exercised varies, depending on the defendant's
both a and b
If young children are likely to be attracted to the property by some object such as a swimming pool or a sand pile, and are injured, the landowner
may be held liable under the attractive nuisance doctrine
Comparative negligence is rarely used in negligence actions. True or False
False
Intent cannot be transferred when a defendant intends to harm one individual, but unintentionally harms a different person. True or False
False
More than half of the state have placed caps of $1,000,000 on noneconomic general damages True or False
False
Slander is defamation in writing or another permanent form such as a digital recording. True or False
False
The purpose of tort law is to provide remedies for the invasion of various securities. True or False
False
To establish defamation, a plaintiff does not have to prove that the defendant made a false statement of fact. True or False
False
Truth is normally not an absolute defense against a defamation charge.
False
In determining whether the duty of care has been breached, which of the following does the court not consider?
The finances of the person in breach
A plaintiff may be compensated for the emotional harm resulting from a battery, as well as physical harm True or False
True
Courts award punitive in tort cases to punish wrongdoers and deter others from similar wrongdoings. True or False
True
Courts exercise great restraint in granting punitive damages to plaintiffs in tort actions because punitive damages are subject to the limitations imposed by the due process clause of the U.S. Constitution. True or False
True
General damages compensate individuals for the nonmonetary aspects of the harm suffered such as pain and suffering. True or False
True
The tort of intentional infliction of emotional distress (IIED) can be defined as extreme and outrageous conduct resulting in severe emotional distress to another. True or False
True
When economically injurious falsehoods are made about another's product or property rather than about another's reputation...
disparagement of property occurs
The principle that people in society are free to act as they please so long as their actions do not infringe on the interests of others is known as...
the duty of care
A person will not be liable for the tort of wrongful interference with a contract or business relationship if it can be shown that the interference was
All of these choices
An intentional tort does not require intent. True or False
False
An employer's statements in written evaluations of employees are an example of a qualified privilege. True or False
True
Courts will accept the legal fiction of corporate personhood to provide companies with the same rights before the law as individuals True or False
True
Tort law provides remedies for acts that cause physical (or emotional) injury or interfere with physical (or emotional) security and freedom True or False
True
A shopping mall contains two athletic shoes stores: Joe's and Ultimate Sport. Joe's cannot station an employee at the entrance of Ultimate Sport to divert customers by telling them that Joe's will beat Ultimate Sport's prices. This type of activity constitutes the tort of...
a. wrongful interference with a business relationship
Wrongful interference with a contractual relationship occurs when
all of these choices
Wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another is known as: a. trespass of personality b. the tort of conversion c. an artisan's lien d. trespass to chattels
b. the tort of conversion
Which of the following is not a characteristic of the reasonable person standard? a. it is not necessarily how a particular person would act. b. Courts ask how a reasonable person would have acted in the same circumstances. c. The reasonable person standard is said to be subjective d. It is society's judgement on how people should act
c. The reasonable person standard is said to be subjective
The principle that people in society are free to act as they please so long their actions do not infringe on the interest of others is known as...
causation in fact
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances is...
negligence
Damages refers to monetary compensation for such harm or injury
true
Judicial proceedings and certain government proceedings do not grant absolute privilege. True or False
False
The tortfeasor (the one committing the tort) must intend to commit an act, the consequences of which interfere with the personal or business interests of another in a way not permitted by law True or False
True
To establish defamation, plaintiffs who are public figures must prove actual malice.
True
Wrongfully taking or harming the personal property of another, or otherwise interfering with the lawful owner's possession of personal property is known as
all of these choices
The publication of false information about another's product alleging that it is not what its seller claims is... a. a tort b. all of these c. trade libel d. slander of quality
b. all of these
When a publication denies or casts doubt on another's legal ownership of property, and the property's owner suffers financial loss as a result, this is
the tort of slander of title.
An automobile repair shop can retain a customer's car under an artisan lien when a. the owner of the car dies b. the customers refuses to pay for repairs already completed c. None of these d. the owner of the car never shows up
b. the customer refuses to pay for repairs already completed
A plaintiff may be compensated for the emotional harm resulting from a battery, as well as physical harm. True or False
True
Good intentions are not a defense against conversion, and someone who buys stolen goods
can be sued for conversion even if the buyer did not know that the goods were stolen.
If the plaintiff gives consent to the outrageous conduct that leads to an intentional infliction of emotional distress claim, the lawsuit is likely to proceed. False
False
If the plaintiff gives consent to the outrageous conduct that leas to an intentional infliction of emotional distress, the lawsuit is likely to proceed. True or False
False
In some circumstances, individuals will be liable for defamatory statements because they enjoy immunity. True or False
False
Jeff threatens Alison with a gun and then shoots her. The firing of the gun is both assault and battery. True or False
False
An assault can be completed even if there is no actual contact with the plaintiff, provided the defendant's conduct causes the plaintiff to have a reasonable apprehension of imminent harm. True or False
True
Brandon has worked at Google for five years and is being considered for a management position. His supervisor, Claire, writes an email about Brandon's performance to those evaluating him for the position. The message contains certain negative statements which Claire honestly believes are true. If Claire limits the disclosure of the contents of the message to company representatives, her statements will likely be protected by a qualified privilege. True or False
True
If the act that created the apprehension is completed and results in harm to the plaintiff, it is a battery. True or False
True
Plaintiffs are awarded compensatory damages to compensate or reimburse them for actual losses. True or False
True
Which the contact is offensive or not is determined by the reasonable person standard. True or False
True
An advertising agency asks a singer with a distinctive voice and stage presence to do a marketing campaign for a new automobile. The singer rejects the offer. If the agency then uses someone who imitates the singer's voice and dance moves in the ad, this would be actionable as
appropriation of identity.
When economically injurious falsehoods are made about another's product or property rather than about another's reputation a. trespass to chattels occurs b. disparagement of property occurs c. trespass to personality occurs d. trespass to personal property occurs
b. disparagement of property occurs
Business torts generally involve wrongful interference with another's a. malice b. none of these c. business rights d. privilege
c. business rights
An accountant's conduct is judged not be the reasonable persona standard, but by the...
c. reasonable accountant standard
To succeed in a negligence action, the plaintiff must prove a. damages b. duty of care and breach c. causation in fact and proximate causation d. All of these choices
d. All of these choices
Retailers and other firms that explicitly or implicitly invite persons to come onto their premises have a duty to exercise reasonable care to protect these a. business invitees b. clients c. customers d. all of these choices
d. all of these choices
The key difference between intentional and negligent misinterpretation is whether the person making the misrepresentation had actual knowledge of...
d. falsity
Which of the following is a common type of trespass to land?
d. shooting a gun over the land
Fraudulent misrepresentation involves intentional deceit for personal gain and includes
damage suffered as a result of the reliance
For fraud to occur, _____ must be involved.
puffery
The tort of misrepresentation may involve reliance on
statement of opinion
A libelous statement has the quality of permanence, so it can be circulated widely such as through social media.
true
If someone posts nude pictures or videos taken with digital devices on social media, they have committed the torts of invasion of privacy and appropriation.
true
In tort law, intent means only that the person intended the consequences of the act, or knew with substantial certainly that certain consequences would result from the act.
true
Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of
negligence
Defenses to a claim of trespass to land is to show that the...
all of these choices
Landowners who rent or lease premises to tenants are expected to exercise reasonable care to ensure that the tenants and their guests are not harmed in common areas such as...
all of these choices