Business Law Final Chapter 7 & 8

Which of the following statements is true about the tort of disparagement

Damages may be recovered for all expenses that are necessary to counteract a false publication including the cost of notifying customers

A reasonable person standard does not apply to children since they do not have the judgment intelligent knowledge or experience of adults

False

The law of torts is primarily made up of statutory law

False

minors under the age of 18 are not held liable for their Intentional tort

False

punitive damages or another form of compensatory damages

False

Barry and Greg are roughhousing and their grandparents yard when Greg intentionally pushes Barry onto the neighbors property

Greg alone is a trespasser

The intentional disposition or unauthorized use of the personal property of another is known as

Trespass to personal property

Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to economic interests.

True

In applying the reasonable person standard, the court takes into account a person's physical, but not mental, handicaps.

True

In most states A jury may award punitive damages if a defendant tortious conduct is intentional and outrageous but the amount must not be grossly excessive

True

Moore, an employee of Lewpenski Motors, fraudulently tells Tolson, a prospective car buyer, that the used car he is considering has never been in an accident. If Tolson buys the car in reliance on Moore's false statement, both Moore and Lewpenski Motors are liable to Tolson for damages based on the fraudulent misrepresentation.

True

Res Ipsa Loquitur Permit surgery to infer both negligent conduct and causation

True

The general rule for the standard of care used in tort law is a person is under a duty to our others at all times to exercise reasonable care for the safety of other persons and their property

True

The standard of conduct which is the basis for the law of negligence is usually determined by a cost benefit or risk benefit analysis

True

in the majority of states in a case of negligence per se the plaintiff would only have to prove violation of a statute in order to show negligent conduct

True

the possessor of land is under a duty to exercise reasonable care for the safety of discovered trespassers and to warn them against dangerous conditions

True

tort liability is involuntarily assumed

True

Julian threw a brick at will intending to hit him if the brick instead hits Anna Julian has

committed a battery

Contributory negligence is a defense to strict liability

false

In order to sue for battery, a plaintiff must prove that he or she has received a physical injury.

false

The doctrine of superseding cause is not a defense in negligent cases

false

And action for negligence consist of which of the following elements with the plaintiff must prove

injury

Which of the following is not an element required for negligence that the plaintiff must prove

none

Which of the following would not be considered an abnormally dangerous activity subjecting the person who carries it out to strict liability

transmitting gas through a gas pipe

Bodily contact that is harmful or offensive can give rise to the tort of

battery

Most states the possessor of land that was the greatest duty of care to which of the following

invitee

The Hometown News snapped a picture of Tim as he was sleeping under a tree in the park on a warm spring day. If the paper printed the picture on the front page

it is unlikely that the hometown news is guilty of any tort

Which of the following is correct with respect to the reasonable person standard

it makes allowances for physical disability and it applies an individualized test to children that takes into consideration the child's age intelligence and experience

Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the feed for the chickens. The chickens died, and the neighbor sues. What is the likely result?

Cal is liable because spraying pesticides is an abnormally dangerous activity.

Appropriations is the unreasonable interference with the seclusion of another

False

Strict liability is a tort doctrine based on negligence

False

The primary purpose of tort law is the punish the wrongdoer

False

Glenn noticed Miguel and his pregnant wife Jackie walking down the street and drove his car within inches of Miguel as a joke Miguel wasn't injured but his wife suffered severe mental distress I needed to be hospitalized in order to save the pregnancy

Glenn has committed the tour of infliction of emotional distress against Jackie

If a statute is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes an injury to another is:

Negligence per se

What does the following can be read as a defense to a claim of defamation

All

Mark is out sailing and his boat one evening when he hears a young girl crying for help in the middle of the lake which of the following is true

Mark must help the girl if he begins to rescue her and increases her danger