Business Law Chapter 8

What type of damages is recoverable when the defendant's tortious conduct is accompanied by fraud, malice, or willful or wanton conduct? a. compensatory b. consequential c. nominal d. punitive

d. punitive

Assault

the threat to cause harm in words or action

Trespass applies to: a. personal property only. b. land only. c. both personal property and land. d. only government-owned property.

a. personal property only

Oral or spoken defamation is: a. slander. b. libel. c. privilege. d. perjury.

a. slander

When contributory negligence is proven, damages awarded are reduced based on the plaintiff's degree of fault.

False; The plaintiff can have their complaint dismissed if they were sufficiently negligent in their own conduct and in effect caused their own injury

A trespass to personal property is any unpermitted entry below, on, across, or above the land of another.

False; land, real estate or realty is a different form of property than personal property. Your car is personal property. Your driveway is realty.

Under the tort of false imprisonment, shopkeepers are prevented from detaining anyone whom they believe has shoplifted.

False; shop keeper privileges'

Which of the following is a defense to defamation? a. Slander b. Libel c. Truth d. All of the above.

C. Truth

Careless actions that result in injuries to others usually are not deemed to be torts.

False

For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong.

False

Malice is always a required element of defamation.

False

Offensive or derogatory language used by one person to describe another constitutes the tort of slander.

False

Plaintiffs are typically awarded punitive damages in negligence cases.

False

The tort of invasion of privacy always requires the misappropriation of another's name or likeness.

False

Truth is not a defense to defamation.

False

Professionals have a duty to perform their functions at the same level as would a reasonable person.

False; For professionals, 'reasonable' means a similar professional person and how they reasonably should conduct their functions as that kind of professional.

John was driving his car in a careless way, failing to drive as a reasonably prudent person would under the driving conditions. Ramona was crossing the street in a careless way, failing to cross as a reasonably prudent person would. John struck and injured Ramona with the car John was driving. At trial, it was determined that John was 80 percent at fault and that Ramona was 20 percent at fault. The injuries sustained amounted to $100,000. Explain how much, if any, recovery Ramona would receive in a state that applies the contributory negligence rule. Do the same thing for a state that applies the comparative negligence rule.

In a contributory negligence jurisdiction, Ramona would recover nothing, since the doctrine of contributory negligence holds that in order for a plaintiff to recover, the plaintiff must be entirely free from any negligence that contributed to the injury. Under comparative negligence, Ramona would recover 80 percent of $100,000, or $80,000; although Ramona's negligence would reduce the amount of her recovery, it would not preclude her recovery. In other words, whatever amount of the injury is held to be caused by Ramona will be deducted from the total amount of the damage award.

A local newspaper devotes its New Year's Day issue to people who have performed heroically during the past year. One of the people included in the article was Janet, a local actress. Eight months earlier, a fire started in the theater while she was in the middle of a performance. Rather than running out, she stayed to help frightened members of the audience get out of the theater. The New Year's article stated that Janet had been unable to find work as an actress because of burns to her hands and feet and that, as a result, she owes a great deal of money. Janet sued the newspaper for invasion of privacy. Based on what you have learned in this chapter, how should the case be decided?

Janet might be able to recover. The right of privacy protects against giving unnecessary publicity to personal and private matters of the plaintiff's life, including financial status. However, there is no invasion of privacy when there is a legitimate business interest in making the information known. In this case, it appears that the private information included in the article concerning Janet's financial status and inability to continue in her profession is not necessary to the article.

Philip Laws leased an apartment from Candice Sutton. Laws had notified Sutton on more than one occasion that the wooden steps to his apartment were decaying and in need of repair. Laws claimed that he had to leave the outside light on to avoid portions of the steps that no longer would bear his weight when he came in at night. Sutton promised to repair the steps while Laws was away on a business trip. Accordingly, Laws did not leave lights on during his absence. When he returned three nights later, Laws was injured when one of the steps broke under his weight as he was entering his apartment. Laws sued Sutton. Sutton replied that she should not bear liability for Laws' injury because Laws knew of the condition of the steps and had not taken the customary precaution of lighting the area. Based on what you have learned in this chapter, decide the case.

Questions of contributory negligence, comparative negligence and assumption of the risk are primarily questions for the jury to resolve based on the unique facts and circumstances of the case presented. If the state in which this case is tried is a contributory negligence jurisdiction, the jury has the right to conclude, based on the evidence, that Laws was contributorily negligent in not leaving the outside light on, knowing that certain areas of the steps would not support his weight, and that such areas would be difficult (if not impossible) to identify in the dark. Should the jury conclude that Laws was contributorily negligent, Laws recovers nothing from Sutton. If the case is tried in a comparative negligence jurisdiction, the jury might choose to apportion fault between Sutton (the defendant) and Laws (the plaintiff), and reduce the damage award by the percentage that Laws was responsible for his injuries due to his own negligence. In either a contributory or comparative negligence jurisdiction, Sutton could raise the "assumption of the risk" argument against Laws, arguing that the plaintiff "actively, voluntarily and willingly" proceeded in the face of danger knowing the risk, and that such assumption of the risk should serve to bar completely the plaintiff's recovery. Again, the resolution of this case depends on whether the case is tried in a contributory or comparative negligence jurisdiction, and the jury's analysis of the factual evidence presented at trial.

"Tort" comes from the Latin term "tortus," which means "crooked, dubious, or twisted."

True

A victim of a tort may sue and recover money damages

True

Libel is the printed equivalent of the spoken form of defamation known as slander.

True

Product disparagement is a form of defamation.

True

The media enjoy a qualified privilege for stories that turn out to be false.

True

The tort of intentional infliction of emotional distress requires proof of outrageous conduct and resulting emotional distress in the victim.

True

To determine whether the defendant is liable for negligence, a reasonable person standard is employed.

True

Today, the widest range of tort liability arises in the field of negligence.

True

commercial exploitation is a form of invasion of privacy

True

Crime

a wrong against society

Battery

a wrongful touching of a person or property

The widest range of tort liability arises in the area of: a. negligence. b. absolute liability. c. violation of statute. d. assumption of risk.

a. negligence

A shopkeeper may lose the shopkeeper's privilege if: a. the customer is kept an unreasonable amount of time. b. the shopkeeper acted with reasonable suspicion. c. the shopkeeper acted with the necessary force. d. all of the above.

a. the customer is kept an unreasonable amount of time.

Slander of title and trade libel are collectively known as product __________. a. Divestiture b. Disparagement c. Dilution d. Diversion

b. Disparagement

Defamation of a public figure requires what additional element? a. Intent b. Malice c. Causation d. none of the above

b. Malice

Professionals have a duty to perform their jobs at the level of: a. a reasonable person. b. a reasonable professional in the same business. c. an extraordinarily careful person. d. none of the above.

b. a reasonable professional in the same business.

Comparative negligence: a. has been rejected by most of the states. b. allows a comparison of negligence between plaintiff and defendant. c. only applies when the plaintiff has signed a release. d. is a bar to recovery under common law.

b. allows a comparison of negligence between plaintiff and defendant.

The concept of immunity from liability means that: a. one who harms another can be held liable only for voluntary acts. b. certain persons are not subject to tort liability. c. one who harms another without intending to do so is not subject to tort liability. d. one who harms a child can never be sued by the parents of the injured child.

b. certain persons are not subject to tort liability

If the plaintiff has either engaged in or refrained from actions that are at least partially to blame for the injuries received, what negligence has occurred? a. criminal b. contributory c. personal d. prejudicial

b. contributory

Torts arise from a violation of a ____ duty. a. public b. private c. contractual d. criminal

b. private

John owed Barney money. Barney called John's home several times per day for five weeks asking for repayment, with some of the calls coming after midnight. Barney might be liable for: a. defamation. b. wrongful interference with a contract. c. intentional infliction of emotional distress. d. trespass.

c.

An absolute privilege is available as a defense to slander liability when: a. the statement is made to only a few people. b. libel exists. c. a witness testifies in a court proceeding. d. no intent to harm is present.

c. a witness testifies in a court proceeding

Maria intentionally attempts to have Patty break a contract with Alfred. Maria will be liable under which theory of tort? a. Libel b. product disparagement c. contract interference d. intentional infliction of emotional distress

c. contract interference

The degree of care required of a person is: a. that degree of care the person exercised in the situation at hand. b. that degree of care an extraordinary person would exercise under similar circumstances. c. that degree of care an ordinarily prudent person would exercise under similar circumstances. d. none of the above.

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

tort

civil wrong that interferes with one's property or person. -Wrong that arises from a violation of a private duty.

Concerning torts and crimes, choose the correct statement: a. Every tort is a crime. b. Every crime is a tort. c. No crime is a tort. d. A crime may also be a tort.

d.

Torts are classified as: a. intentional only. b. negligence only. c. strict liability only. d. intentional, negligence, and strict liability.

d. intentional, negligence and strict liability.

Trespass to personal property requires: a. the personal property to be connected to real property. b. destroying the personal property. c. the invasion of personal property regardless of whether the owner grants permission. d. the invasion of personal property without the permission of the owner.

d. the invasion of personal property without the permission of the owner.