BUSLAW chp.7

Which of the following need not be proved by a plaintiff to bring a successful claim of intentional interference with contract?

The defendant was a third-party beneficiary of the contract between two parties.

Which of the following is an inaccurate statement regarding trade libel?

Trade libel and slander of quality are synonymous.

_____ is an affirmative defense to a defamation action.

Privilege

______ is an affirmative defense to a defamation action.

Privilege

Which of the following is an incorrect statement regarding slander?

Slander and libel are synonymous.

______ is a business tort that occurs when false spoken statements criticize a business product or service and result in a loss of sales.

Slander of quality

Which of the following is an accurate statement regarding the tort of slander of quality?

Slander of quality is spoken, while trade libel is in printed form.

______ occurs when false published statements are related to the ownership of business property.

Slander of title

Which of the following is an inaccurate statement regarding slander of title?

Slander of title is a negligence-based tort.

which of the following is an inaccurate statement regarding slander of title?

Slander of title is a negligence-based tort.

______ statements are considered so inherently harmful that general damages are presumed.

Slander per se

Under ______ privilege, a party will not be held liable for defamation unless the false statement was made with actual malice.

conditional

If defamation is published in a permanent form, it is known as ______.

libel

The law does not hold people liable for making false statements about ______ as long as the statements were not made with malice.

public figures

In the context of a negligence case, the ______ standard is a measurement of the way members of society expect an individual to act in a given situation.

reasonable person

Who among the following is an example of a public figure?

a politician

Which of the following claims cannot be considered slander per se?

A man is part of the "wealthy 1%" and has no concern for the poor.

______ is a business tort that includes criticism of the quality, honesty, or reputation of a business or product in printed form.

Trade libel

Intentional torts must have an intent to _______ an individual.

harm

Where can an absolute privilege arise?

in a courtroom

Libel can occur ______.

in a magazine or a newspaper

Torts against persons are ______ acts that harm an individual's physical or mental integrity.

intentional

Which of the following is a recognized category of intentional torts?

torts against economic interests

A statement is made with ______ if it is made with either knowledge of its falsity or reckless disregard for its truth.

actual malice

A(n) ______ defense occurs when the defendant admits to an accusation but argues that there is a reason he or she should not be held liable.

affirmative

Which of the following is not an accurate statement regarding the tort of food disparagement?

Food disparagement is an unintentional tort.

Categories of intentional torts include all but which of the following?

torts against social responsibility

_____ occurs when one uses intentional deceit to facilitate personal gain.

Fraudulent misrepresentation

When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions?

How likely was it that a crime would be committed?

Which of the following need not be demonstrated to establish that a fraudulent misrepresentation exists?

A party who made a misrepresentation was a merchant typically involved in buying and selling the types of goods involved in the subject transaction.

______ is the intentional publication of a false statement harmful to an individual's reputation.

Defamation

_____ is a business tort that occurs when a statement is intentionally used to defame a business product or service.

Disparagement

______ is a business tort that occurs when a statement is intentionally used to defame a business product or service.

Disparagement

Which of the following is not an accurate statement regarding disparagement?

Disparagement and unfair competition can be used interchangeably.

______ occurs when someone intentionally takes an action that causes a person to breach a contract she or he has with another.

Intentional interference with contract

Which of the following is an accurate statement regarding negligence?

Negligence involves the failure to exercise reasonable care to protect another's person or property.

When a(n) ______ privilege exists, one cannot be sued for defamation for any false statements made.

absolute

Identify the elements that a plaintiff must prove to win a negligence case.

duty, breach of duty, causation, and damages

Defamation that is made orally is called ___________.

slander

In the context of defamation, what does "intentional publication" mean?

communicating a false statement about someone to a third party

Crystal Castle is the only jewelry store in a town. Amber Diamond, a new jewelry store, comes into the town and opens a store not with the intent to make a profit but to drive Crystal Castle out of business so that its associate, Opal Ruby, can start a legitimate jewelry store once the competition has been eliminated. Amber's actions constitute ______.

unfair competition

When someone enters into a business with the sole intent of driving another firm out of business, the law punishes this act as ______.

unfair competition

Critics refer to the tort of food disparagement as ______ libel.

veggie

If defamation is made orally, it is ______.

slander

Under the traditional common law, to which of the following categories of individuals does a business property owner owe the highest obligation?

invitees

Torts against ______ are intentional acts that harm an individual's physical or mental integrity.

persons