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