Exam 2 COMM 3410

Torts included in invasion

Intrusion of solitude, appropriation of name of likeness, public disclosure of private facts, false light

As a landowner, which of the following guests must you exhibit the highest level of care with regards to negligence? a. Tresspasser b. Invitee c. Licensee

Invitee

9. Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is a. a corporate officer. b. a non-employee. c. a private individual. d. a public figure.

a public figure

5. On Monday, Neil tells Outdoor Landscaping, Inc., that he will pay Outdoor $500 if a variety of tasks are completed by Friday. On Wednesday, when Outdoor is more than half done with the work, Neil says that he has changed his mind. These parties had a. an expired contract when Neil said that he had changed his mind. b. a bilateral contract when Neil said that he would pay for certain work. c. a unilateral contract which Neil may not revoke. d. no contract.

a unilateral contract which Neil may not revoke

10. The Mailbox rule governs: a. acceptances b. offers c. both acceptances and offers d. revocations

acceptances

8. The Tort of Invasion of Privacy includes: a. Publicity, placing a person in a False Light b. Intrusion upon a person's private life c. Appropriation d. All of the above e. Only a and b

all of the above

3. The Mirror Image rules states: a. an offer must mirror the offeror's intent b. an acceptance must mirror the offeree's intent c. an acceptance must mirror the offer d. the offer must mirror the UCC requirements

an acceptance must mirror the offer

6. People magazine used a picture of Dave Matthews on the cover of their December edition. Dave argued that he had not given them permission and sued People for ___________. People's best defense would be _________. a. Appropriation, self-defense b. Appropriation, newsworthiness c. Intrusion, consent d. Intrusion, newsworthiness

appropriation, newsworthiness

6. The default rule for termination of private employment is: a. Agreed upon terms b. Termination for cause c. At-will. d. None of the above.

at-will

8. In a negligence case, the plaintiff must establish: a. duty, strict liability, causation, and injury. b. breach, foreseeable harm, and injury. c. duty of reasonableness, foreseeable harm, and causation. d. duty of due care, breach of duty, actual and proximate causation, and injury.

duty of due care, breach of duty, actual and proximate causation, and injury

6. The default rule for service agreements, requires the customer pay the service provider: a. His hourly rate b. The amount of his bid c. His customary charges d. All of the above

his customary charges

2. Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury a. if Ike intended to push Joan. b. only if Ike did not intend to break Joan's arm. c. only if Ike had a bad motive for pushing Joan. d. only if Ike intended to break Joan's arm.

if Ike intended to push joan

6. An "absolute privilege" defense is available to the following individuals: a. Between friends b. Between employers and employees c. Famous public figures d. Individuals who testify at a trial

individuals who testify at trial

5. The highest duty of care owed by a landowner is to a: a. Invitee b. Trespassor c. Licensee d. Both (a) and (b) e. None of the above

invitee

Who proves actual causation? judge or jury?

jury

2. Braxton offers to sell a warehouse to Mary. Mary says that she will pay Braxton $100 to hold the offer open for three business days. This a. creates an illegal contract by adding a clause to Braxton's offer. b. makes the offer irrevocable for three days if Braxton accepts the $100 offer. c. negates Braxton's offer by changing the price term. d. voids Braxton's offer by extending the time term.

makes the offer irrevocable for three days if Braxton accepts the $100

2. Mark is out sailing in his boat one evening when he hears a young girl crying for help in the middle of the river. Which of the following is true? a. Mark MUST help the girl or he will be liable for negligence. b. Mark has NO duty to help the girl. c. Mark must help the girl ONLY if he knows her. d. Mark MUST help the girl if he is the girl's uncle.

mark has NO duty to help the girl

8. Which of the following is NOT an affirmative defense to trespass: a. express consent b. statute of limitations c. mistake d. implied consent

mistake

1. Violation of a Statute designed to protect underage, unlicensed drivers, from the consequences of juvenile car theft," by prohibiting car owners from leaving the keys in their car if the car is unattended, is likely to be characterized as: a. res ipsa loquitur. b. contributory negligence. c. assumption of risk. d. negligence per se.

negligence per se

3. On Monday, George said to Benton, "I am going to kill you on Friday". George has committed: a. Assault b. Battery c. Both Assault and Battery d. None of the above

none of the above

9. The duty of care owed to an adult trespasser is: a. To warn of any known dangerous activities b. To prevent inspect the premises for any dangerous conditions c. Both (a) and (b) d. None of the above

none of the above

A1. A tort is a: a. Contractual obligation b. Legal act permitted under federal, state, and local law c. Misdemeanor in all states Private or civil wrong or injury

private or civil wrong or injury

10. The following is an affirmative defense to battery: a. self defense b. absolute privilege c. qualified privilege d. opinion

self defense

4. In a negligence case, the degree of care required of a person is: a. That degree of care an extraordinary person would exercise under similar circumstances. b. That degree of care a reasonably prudent person would exercise under similar circumstances. c. That degree of care of the reasonable licensee. 5 3.Top of Form d. That degree of care the person exercised in the situation at hand.

that degree of care a reasonably prudent person would exercise under similar circumstances

4. Betty, Sue and Jane all signed a lease to live at 1004 Rugby Road. The lease required a monthly rent of $3000, that the girls planned on dividing amongst themselves. Under the common law default rule governing contracts, Betty would be responsible for: a. the entire $3000. b. only 1/3 of the rent. c. only the amount the girls agreed to pay d. it would depend on how large her room was in comparison to the other two girls.

the entire $3000

. In a negligence case, whether a duty of care exists is decided by: a. The judge b. The jury c. Both (a) and (b) d. None of the above

the judge

5. The statute of limitations for battery requires that a plaintiff bring his or her cause of action within: a. one year b. two years c. three years d. none of the above

two years

9. Bobbie claims that Carl breached their contract. Carl responds that he never intended to enter into a contract with Bobbie. The intent to enter into a contract is determined with reference to a. what Carl actually intended. b. what the reasonable offeree would believe Carl intended based on the objective theory of contracts. c. whether there was a written agreement. d. the subjective theory of contracts.

what the reasonable offeree would believe Carl intended based on the objective theory of contracts

1. A promise for a promise is a: a. bilateral contract b. unilateral contract c. statutory contract d. none of the above

bilateral contract

7. Professor Nutt called Bowen into his office and told him that he was failing because "he was lazy, stupid, and really not college material." No one else heard the conversation. Based on these facts, Bowen: a. Cannot sue because the charge was made in a private conversation between the professor and the student b. Can sue for assault. c. Can sue for assault, battery, and intentional tort d. Can sue for defamation

cannot sue because the charge was made in a private conversation between the professor and the student

. Julian threw a brick at Will, intending to hit him. If the brick instead hits Anna, Julian has: a. committed a battery. b. committed an assault. c. no liability if he has not yet reached the age of majority. d. not committed a tort because he did not have the intent to harm Anna.

committed a battery

10. Under which of the following does the court determine the plaintiff is not entitled to recover any damages due to fault on her part, which led to her injuries: a. Assumption of the risk b. Contributory negligence c. Both modified comparative negligence and last clear chance d. Pure comparative negligence e. Modified comparative negligence

contributory negligence

3. Which one of the following is NOT one of the torts included within invasion of privacy? a. Intrusion b. Conversion c. False Light d. Appropriation

conversion