Business Law ch 8

Dewayne sold a space heater to Vivian, telling her it would heat a 200-square-foot area, even though he knew it would effectively heat only about one third of that space. Dewayne is liable for the intentional tort of fraud.

True

Written defamation is _____; oral defamation is _______.

libel; slander

The ruling in the landmark case of New York Times v. Sullivan was that a public official can win a defamation case

only by proving the defendant's actual malice.

An intentional tort involves conduct in which

the defendant intended a certain physical act which ends up injuring someone.

The Supreme Court has held that in awarding punitive damages, a court must consider three "guideposts." Which of the following is NOT one of these guideposts?

whether or not compensatory damages will also be awarded

Which of the following statements is correct regarding the differences between contract, tort, and criminal law?

Criminal law is prosecuted by the government.

A tort is a violation of a duty imposed by the civil law.

True

Don was standing in a cafeteria line holding a plate. Tim was upset with Don. Tim turned Don around and grabbed the plate out of Don's hand. Tim then held the plate up and threatened to break it over Don's head. Tim has committed

both an assault and a battery.

A salesclerk at Sparkle Jewelry Store observed a customer remove a ring from a display case and put it in his pocket. In most states, Sparkle

can reasonably detain the customer for suspicion of shoplifting.

The money intended to restore a plaintiff to the position he was in before the injury is referred to as

compensatory damages.