Business Law Exam 2
Smith, a witness in a lawsuit against Weaver, made a defamatory statement about Weaver at trial because she was jealous of Weaver and wanted her to be found guilty. Smith has the absolute privilege to make such a statement, so Weaver cannot successfully sue Smith for defamation.
True
The law of torts reallocates losses caused by human misconduct.
True
The same act can never be both a tort and a crime.
True
The tort of appropriation protects a persons exclusive right to exploit the value of her identity.
True
The tort of false light imposes liability if the matter in question is objectionable to a reasonable person, but is not necessarily defamatory
True
Tim and his friend are playing catch in the back yard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks a window. This is trespass to real property, even if Tim himself does not go onto the property to get the ball.
True
Unauthorized use of another person's name for one's own benefit is an invason of the person's right to privacy
True
Under constitutional privilege, a public official or public figure must prove that the defendant published the defamatory and false comment with knowledge of the comments falsity or in reckless disregard for the truth.
True
Two absolute defenses to the tort of defamation ae
Truth and privilege
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
In the Philip Morris USA y Wiliams case, the US Supreme Court held that
theDue Process Clause forbids a state from using a punitive damages award to punish a defendant for injury it inflicts on nonparties.
The intentional exercise of dominion or control over another's permonal peoperty which so seriously interferes with the other's right of control as to justly require the puyment of full value for the propcrty is
Conversion
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
A defamatory communication that is spoken or oral is designated as libel
False
A letter sent to someone falsely accusing her of being a murderer constitutes the tort of defamation.
False
A major difference between trespass to personal property and conversion is that the latter does not require intent to harm whereas trespass does.
False
A person cannot be guilty of trespass unless he or she intended to violate the others rights.
False
All batteries are immediately preceded by an assault
False
Barnhart, an employer in control of an electronic bulletin board, is protected under the Communications Decency Act from liability for online defamatory statements made by employees.
False
In only a minority of states a jury may award punitive damages if a defendants tortious conduct is intentional and outrageous.
False
In order to sue for battery, a plaintiff must prove that he or she has received a physical injury.
False
Intent, as used in tort law, requires an evil motive.
False
Intentional infliction of emotional distress will protect a person from rudeness if the conduct was intended to cause emotional distress.
False
John and Megan are at a crowded theater. In the press of people exiting the theater, John accidentally steps on Megan's big toe and breaks it. Megan can sue John for the tort of battery.
False
Minors under the age of 18 are not held 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
Punitive damages is a term referring to damages that will merely compensate victims for the harm they have suffered, but will cost defendants more money than they have.
False
Sam goes to the movies one Friday evening. The movie is boring and Sam falls asleep. At 2 a.m., the security guard locks the building. Sam awakens the next morning when the cleaning crew opens the door. Sam can sue for false imprisonment.
False
The Restatement Third, Torts, completed and approved in 2004, covers torts that involve economic loss not resulting from physical harm to persons or property.
False
The cause of action of infliction of emotional distress protects a person from abusive language by a supervisor.
False
The law of torts is primarily statutory law.
False
The law provides no protection from harm to a person's right of dignity
False
The major distinction between trespass to personal property and conversion is whether the exercise of dominion or control was intentional.
False
The purpose of tort law is to punish the wrongdoer.
False
The terms "nuisance" and "trespass to real property" refer to the same tort.
False
The tort of defamation is best defined as the unreasonable public disclosure of private facts.
False
The tort of nuisance includes only the trespassory invasion of real property.
False
To help sell the product, a book publisher used a well-known commentator's name and her quote on the back book jacket of a new release without the commentator's knowledge or permission. No tort was involved since there was no injury to anyone.
False
Tort law gives persons relief from civil wrongs or injuries to their person, property, but not their economic interests.
False
Tort liability is civil liability that is voluntarily assumed.
False
Franco has the permission of George to walk actoss his yard on the way to school if Franco brings twenty of his friends across the yard, and they stop to play ball:
Franco and his friends are guilty of trespass to real property, because they played hall in George's yard
42 A false communication made with knowledge of its falsity and with the iment to induce another to act is known as:
Fraudelent misrepresentation
In an article about a prominent judpc, a newspaper indicates thait the judge had organired crime connections. The judge sues. The judge will have a cause of action
If the statement, which was untrue, was made with malice
38. Francenie was digging a trench to install a draimage pipe along her property line and she accidentally tunneled under a small area on her neighbor's property. The entry onto the neighbor's property
Is a trespass
24 Cameron doesn't like Bradley, so at a oocktail party he spread untrae rumors about Bradley's lifestyle. These ramors harm Bradley's reputation in the community, Cameron
Is guilty of slander
30 Claudia's haby daughter Karynne is snatiched from her arms at the grocery stonc. The kidnapper threatens to drop the baby if the sore does to not hand over the contents of the vaut Cluudia may
Shoot the kidnapper
Tim and Steve are roughhousing in Tim's parents front yard when Steve intentionally pushes Tim onto the neighbor's property. In this case
Steve is a treapasser.
A privilege may result in immunity from tort liability.
True
Al, the bus driver on a cross country Greyhound, kisses Susie, a passenger, while she sleeps. Al could be sued for battery.
True
All conversions are trespasses but not all trespasses are conversions.
True
Arthur offers Bob, an employee of Carl, a yearly salary of $10,000 more than Bob receives under the contractual relationship between Bob and Carl. Arthur knows about the contract between Bob and Carl and knows that the contract should run for another five years, but Arthur badly wants Bob to work for him. Arthur probably is liable to Carl for intentional interference with contractual relations.
True
In some instances the same facts will give rise to an action for both false light and defamation.
True
In the Ferrell v. Mikula case, the court of appeals held that the essential elements of a false imprisonment action are detention and its unlawfulness, but that malice and want of probable cause need not be shown.
True
Infliction of emotional distress occurs when a person by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person.
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 expenses of defense.
True
Misuse of procedure can occur even when the plaintiff succeeds in the litigation
True
Moore, an employee of Lewpenski Motors, fraudulently tells Tolson, a prospective car buyer, that the used car he is considering has never been in an accident. If Tolson buys the car in reliance on Moore's false statement, both Moore and Lewpenski Motors are liable to Tolson for damages based on the fraudulent misrepresentation.
True
One of the principal objectives of tort law is to prevent future harms and losses.
True
Pointing an unloaded gun at someone who believes it is loaded and threatening to shoot constitutes an assault.
True
Qualified privilege depends on proper use of the privilege.
True
Sarah joined a religious cult while a student at college Her father bired a deprogrammer who spent several weeks with her, during which they occasionally went on outings. Affler Sarah met with her boyfriend one weekend , case she reponed the cult and sued her fath ส and the deprogranner for the mprisonment. In this
Sarah will lose because she had a rcasonable means of escaping and volumanily consemed to the confinement
An absolute privilege exists to protect which of the following defendants in defamation cases?
All of the above
Harms or injuries that are tortious may be inflicted
All of the above
Intentional harm to property includes the torts of
All of the above
Invasion of privacy consists of
All of the above
Which of the following can be raised as a defense to a claim of defamation?
All of the above
Intentional harm to the person includes which of the following Tort?
Assault
Bodily contact that is harmful or offensive can give rise to the tort of
Battery
Arthur fires a gun in the middle of the desert. He intends to fire the gun, but has no reason to believe anyone else is in the area. If the bullet hits Bob, who happens to be riding his ATV across the desert
It is unlikely that Arthur has the necessary intent to committ a tort
The Hometown News snapped a picture of Tim as he was sleeping under a tree in the park on a day. They printed the picture on the front page of the paper. The Hometon News is guilty of
It is unlkely the Hometown news is guilty of any type of tort.
A radio communication that meets the test of defamation may also be categorized as
Libel
Mary's car was parked just outside the cast 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
Three torts comprise the misuse of legal procedure. They include
Malicious prosecution
A photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion
Movie star was at the restaurant at the time
28. Alice was briefly married at the age of 16. She is now 28 years old and plams to marry Henry 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 Hemy's siser?
No, because marriage is a public and not a privale fact, and because telling Henry's parents not sufficient publicity
With respect to the tort of conversion, which of the following statements is true?
None of the above
Which one of the is NOT one of the torts included within ivasion of privacy?
Nuisance
29. A significant trend affecting business has been the bringing of defmation suits against former employers by discharged employees. Such suits comprise approximately what share of all defamation
One third
Arnold wrote a defamatory letter regarding Bill which he did mot show to anyone, but which he posted on a bulletin board in the laundromat. Armold has commited
The tort of libel
Which of the following is not a principal objective of tort law
To punish the pweson who commited the tort
The intentional dispossession or unauthorized use of the personal property of another is known as
Trespass to personal property
Brad doesn't like Carl and especially dislikes Carl's new felt hat, so he intentionally knocks it off Carl's head in order to embarrass Carl. Brad has committed a battery.
True
Defense of absolute, conditional, and constitutional privilege apply to defamation and also to publication of any matter that is an invasion of privacy.
True
Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to economic interests.
True
Each person is legally responsible for the damages proximately caused by his or her tortious conduct, and businesses that conduct activities through employees are also liable for the torts their employees commit in the course of employment.
True
For purposes of defamation, a publication includes non-written, verbal communication to third parties.
True
For purposes of intentional torts, a person can have the intent to cause harm if the harm is substantially certain to occur even if he or she doesn't desire that such harm occur.
True
Most states have statutes protecting merchants from charges of talse inmprisonment when detaining suspected shoplifters as long as the merchant detains the suspect
With probable cause, in a reasonable manner, and for not more than a reasonable time.
Litigation for the tort of disparagement may include
a demand for expenses for the cost of notifying customers of the falsity of the publication
39. Intent as used in the law of intentional torts requires the defendant to
b. desire to cause the consequences of her action. c. believe the consequences are substantially certain to result from her action
20 Mark threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim. The agent wasnt in the building, but the bomb seriously injured his secretary who was working in the office. Mark:
can be sued by the secretary for her injuries based on an intentional tort cause of action because Mark's intent to harm the agent is transferred to the secretary
33. Andrew noticed Michacl and his pregnant wife Georgette walking down the street and, as a joke, drove his car within inches of Michacl. Michacl wasn injurod but his wife sufierod 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 agaimst Georgette
Anita includes Bob's name and photograph in a list of the FBt's top ten criminals. Bob has never been convicted of any crime and is homified by the thought of being considerod a criminall. Anita's action
could be either defamation or false light
The tort of public disclosure of private facts requires
d. that the matter made public would be highly offensive and objectionable to a reasonable person
Ashley wrote a defamatory letter regarding Brian which she mailed to Brian, but which she did not hw show to anyone else. Ashley has committed
neither libel nor slander, because there has been no publication of the letier
