Chapter 7 Blaw

The tort of false light imposes liability if the matter in question is objectionable to a reasonable person but is not necessarily defamatory.

True

Andrew noticed Michael and his pregnant wife Georgette walking down the street and, as a joke, drove his car within inches of Michael. Michael wasn't injured, but his wife suffered several mental distress and needed to be hospitalized in order to save the pregnancy. Andrew has:

Committed the tort of intentional infliction of emotional distress against Georgette

Acting with reckless disregard for the falsity of the matter, Anita included Joe's name and photograph in a list of the FBI's top ten criminals. Joe has never been convicted of a crime and is horrified by the thought of being considered a criminal. This:

Could either be defamation or false light.

The Restatement Third, Torts:

Covers emotional harm and landowner liability.

A major key difference between trespass to personal property and conversion is that the latter does not require intent to harm whereas trespass does.

False

The cause of action of intentional infliction of emotional distress will protect a person from abusive language and rudeness

False

Trot law:

Is primary common law.

An employer:

Should act quickly to remove any defamatory statements brought to its attention because section 230 of the CDA grants immunity from defamation liability only to ISPs

A person would be liable to the rightful owner of stolen property for conversion even though the person bought it in good faith from the thief and without knowledge that it had been stolen.

True

All conversions of personal property are trespasses, but not all trespasses to personal property are conversions.

True

Internet service providers have immunity from liability for defamation when publishing information originating from a third party.

True

Many courts will allow recovery for the inflicted of emotional distress even in the absence of physical injury.

True

One of the principal objectives of tort law is to prevent future harms and losses

True

Qualified privilege depends upon proper use of the privilege.

True

Ray threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office. Ray:

Can be sued by the secretary with an intentional tort cause of action because Ray's intent to harm the agent is transferred to the secretary.

Damages for interference with contractual relations include:

Payment for emotional distress.

Defenses to intentional torts include

Self-defense and consent Defense of others and consent Self-defense and defense of property D. All of these are valid defenses.

Fraudulent or intentional misrepresentation is covered under section ___ of the restatement.

525

Which of the following is ordinarily held liable for their intentional torts

A person who has not reached the age of majority. An incompetent An employer, for the acts of employees in the course of employment D. All of these.

The tort of ___ is a false communication which injures a persons reputation and good name be disgracing him and diminishing the respect in which he is held

Defamation

Intent as used in the law of international torts requires the defendant to:

Desire to cause consequence of her action.

"Punitive damages" is a term referring to damages that will merely compensate victims for the harm they have suffered, but that will cost defendants more money than they have.

False

A defamatory communication that is spoken or oral is designed libel

False

A letter sent to someone falsely accusing her of being a murderer constitutes the tort of defamation

False

A person may employ deadly force to protect his property.

False

A true statement of a highly personal nature made to embarrass someone is defamation.

False

Bodily contact intended as a compliment or as a joke cannot constitute a battery since there is no intent to offend.

False

Incompetence and persons under the age of 18 cannot be liable for their intentional torts

False

Only the intentional destruction of personal property and not the use of the property in an unauthorized manner can give rise to a cause of action for conversion

False

The same act can never be both a tort and a crime.

False

The spoken threat, "If you don't give me your billfold and keys, I'll shoot you," cannot be an assault since it only involves words.

False

The term "nuisance" and "trespass to property" refer to the same tort

False

Three torts comprise the misuse of legal procedure: malicious prosecution, wrongful criminal proceedings, and verbal abuse.

False

Under constitutional privilege, a public official does not have to prove that the defendant published the defamatory

False

Under the Restatement, the publicity required for the tort of public disclosure of facts is the same as "publication" under the law of defamation

False.

There is a(n) ___ privilege to comment regarding public officials or public figures so long as it is done without malice.

First amendment.

Hal doesn't like Bradley so, at a cocktail party, he spreads untrue rumors about Bradley's personal lifestyle and sexual practices. If these rumors harm Bradley's reputation in the community.

Hal is guilty of slander

Which of the following is not an element of a tort

Hostile mensrea

In an article about a prominent judge, a newspaper indicates the possibility that the judge had organized crime connections. The judge sues. The judge will have a call of action:

If the information is untrue and the newspaper did not check its sources.

Invasion of privacy consist of:

Appropriation Intrusion Public disclosure of private facts D. All of these are invasions of privacy

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

Battery.

Sally, while walking in a park, got hit on the head with a baseball. The ball was thrown at her by Aaron who intended to hit her to show off in front of his friends. She may recover damages for.

Bodily harm Emotional distress Reasonable medical expenses D. All of these.

Which of the following can be raised as a defense to a claim of defamation.

That the statement was true. That there was a constitutional privilege to comment about the planting who is a public figure and that the statement was made without malice That there was a conditional privilege to make defamatory comment on another's statements in order to protect legitimate self-interest D. All of these

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

Trespass to personal property

A person can be guilty of trespass whether he or she intended or did not intend to violate the others rights

True

Abuse of process applies even when there is probable cause or when the plaintiff or prosecution succeeds in the litigation.

True

Assault is principally a mental rather than a physical intrusion

True

Businesses that conduct their business activities through employees are liable for their employees' torts committed in the course of employment.

True

Consent, given by a person with capacity, negates the wrongfulness of an act

True

Disagreement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to economic interest

True

For purposes of intentional torts, a person can have the intent to cause harm if the harm is substantial ally certain to occur even if he or she doesn't desire that such harm occur.

True

In many instances the same facts will give rise to both an action for false light and defamation.

True

In order to constitute a battery, contact need not cause physical injury

True

Intent, for purpose of tort law, does not require an evil or hostile motive

True

Invasion of privacy is in reality a collection of four distinct torts

True

Malicious prosecution and wrongful civil proceedings impose liability for damages caused by improperly brought proceedings, including harm to reputation, credit, or standing; emotional distress; and expense of defense.

True

Pointing an unloaded gun at someone who believes it is loaded and threatening to shoot constitutes an assault

True

Storeowners can occasionally have a problem with liability for false imprisonment when they seek to question a suspected shoplifter.

True

The tort of appropriation is also known as the right of publicity.

True

Tort law gives persons relief from civil wrongs or injuries to their person, property, and economic interests

True

The constitutional privilege protects the press in a defamation action:

When the plaintiff is a public figure or official

A newspaper article hints that a certain corporation is a front for illegal activity. The corporation:

Will likely win a defamation suit if the statement is untrue and made with malice.

Tammy joined a religious cult while a student at college. Her father hired a deprogrammed who spent several weeks with her, during which they occasionally went on outings. After Tammy met with her boyfriend one weekend, she rejoined the cult. If she sued her father and the deprogrammer for false imprisonment, Tammy:

Will lose if she had a reasonable means of escaping and voluntarily consented to the confinement.

An absolute privilege exists to protect which of the following in defamation cases?

All of these. Members of congress on the floor of the congress Statements made by the us president in the discharge of official duty Statements about third persons between spouses when they are alone. All of these

Arthur fired a gun in the middle of the desert. He intended to fire the gun, but had no reason to believe anyone else was in the area. If the bullet hits Tom, who happened to be riding his ATV across the desert:

It is unlikely that Arthur has the necessary intent to commit a tort.

The hometown news snapped a picture of Tom, a local teenager, as he was sleeping under a tree in the park on a warm spring day. If they print the picture on the front page of the newspaper:

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

Under the Third Restatement of Torts, a person acts recklessly if the person:

Knows facts that make the risk obvious to another in the person's situation

Les, a teenager, has the permission of Harold to walk across his yard on the way to school. If les brings twenty of his friends across the yard, and the stop to play ball:

Les and his friends are guilty of trespass to real property, because they played ball in Harold's yard.

Handwritten, typewritten, printed, pictorial, or televised defamation is:

Libel

Business torts consist of

All of these Interference with contractual relations Disparagement Fraudulent misrepresentation D. All of these.

Intentional harm to property includes which of the following torts:

All of these Trespass to real property Nuisance Trespass to personal property D. All of these

Harms or injuries that are tortious may be inflicted

Intentionally Negligently Without fault D. In all of these ways.

A photographer taking photos of a movie star with a telephone lens would NOT be guilty of intrusion if the:

Movie star was in a public building at the time.

mark gave the keys to his apartment to his friend jack so jack could sleep after a late-night study session. When jack walked in, marks roommate, Sam, was standing behind the door in the dark, holding a baseball bat over his head. Jack flicked on the light and Sam saw it was jack, so he lowered the bat before jack noticed him. In this case:

Neither jack nor Sam is guilty of assault.

Arnold wrote a defamatory letter regarding Bill which he mailed to Bill, but which he did not show to anyone else

Neither libel not slander, because there has been no publication of the letter.

The intentional exercise of dominion or control over another's personal property which so seriously interferes with the other's right of control as to justly require the payment of full value for the property is:

None of the above Trespass to personal property Interference with economic interest Fraudulent misrepresentation D. None of the above

A(n) ___ is a non-trespassory invasion of another's interest in the private use and enjoyment of land.

Nuisance.

Mary's car was parked just outside the east door of the civic center. When she tried to exit, three ominous-looking gang members were blocking that door. She called the police who arrested three for loitering. If Mary brings suit against them for false imprisonment:

She will loose if there was another exit she could have used.

Tim and Steve are roughhousing in Tim's parents' front yard when Steve intentionally pushes Tim onto the neighbors property. In this case:

Steve is a trespasser

Arnold wrote a defamatory letter regarding Bill which he did not show to anyone, but which he posted on a bulletin board in the laundromat. Arnold has committed:

The tort of libel