Blaw Test ch 7

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

Andrew noticed Michael and his pregnant wife Georgette walking down the street and drove his car within inches of Michael, as a joke. Michael wasn't injured, but his wife suffered severe 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.

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

Arnold has committed neither libel nor slander, because there has been no publication of the letter.

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.

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 be either defamation or false light.

Intentional harm to property includes which of the following torts?

Trespass to real property, Nuisance, Trespass to personal property, Conversion

A points an unloaded gun at B and threatens to shoot. Unobserved by A, C witnesses the threat and believes A's gun is loaded and that B is about to die. C pulls out a gun and shoots and kills A.

C can successfully invoke the privilege of defense of others because of his reasonable belief at the time he shot A.

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 he spread untrue rumors about his personal lifestyle and sexual practices at a cocktail party. These rumors harm Bradley's reputation in the community.

Hal is guilty of slander.

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. The bullet hit 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. They printed the picture on the front page of the paper.

It is unlikely that the Hometown News is guilty of any tort.

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

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

Invasion of privacy consists of:

appropriation, intrusion, public disclosure of private facts.

The tort of ____ is a false communication which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.

defamation

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

desire to cause the consequence of her action, believe the consequences are substantially certain to result from her action.

The Restatement Third, Torts:

has been expanded to include chapters on emotional harm and landowner liability.

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 cause of action:

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

The constitutional privilege protects the press in a defamation action:

in the absence of malice or when the plaintiff is a public figure or official.

Harms or injuries that are tortious may be inflicted:

intentionally, negligently, without fault.

Business torts consist of:

interference with contractual relations, disparagement, fraudulent misrepresentation.

tort law

is primarily common law.

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.

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

libel.

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

nuisance

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.

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 the three for loitering. If Mary brings suit against them for false imprisonment:

she will lose if there was another exit she could have used.

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

the movie star was in a public building at the time.

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

trespass to personal property.

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 was made with malice.

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

Members of Congress on the floor of Congress, Statements made by the U.S. President in the discharge of official duty, Statements about third persons made to one's spouse when they are alone

Mark gave the keys to his apartment to his friend Jack so Jack could sleep after an all-night study session. When Jack walked in, Mark's 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.

Neither Jack nor Sam is guilty of assault.

Alice was briefly married at the age of 16. She is now 28 years old and plans to marry Henry in the spring. Henry's sister found out about Alice's first marriage and then told Henry's parents. Alice now wants to sue Henry's sister for public disclosure of private facts. Does Alice have a case against Henry's sister?

No, because marriage is a public and not a private fact and telling Henry's parents is not sufficient publication for public disclosure of private facts.

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

Tim and Steve are roughhousing in Tim's parents' front yard when Steve intentionally pushes Tim onto the neighbor's property.

Steve is a trespasser.

Tammy joined a religious cult while a student at college. Her father hired a deprogrammer 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 and 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.

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 plaintiff 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.

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.

The intent to harm the agent is transferred to the secretary who can sue Ray for her injuries with an intentional tort cause of action.

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