BUS LAW MINTAP CH 8
A sales clerk at Fall-Mart's Discount Store refused to allow Fred to return a generator. Fred became irate. Fred raised his fist in a motion that seemed as though he was going to punch the clerk. At the last minute and just an inch from the clerk's face, Fred dropped his hand. Fred committed the tort of: A. assault. B. battery. C. fraud. D. conversion.
A
Caldwell was shopping in a K-Mart store, carrying a large purse. A security guard observed her look at various small items such as stain, hinges, and antenna wire. On occasion she bent down out of sight of the guard. The guard thought he saw Caldwell put something in her purse. Caldwell removed her glasses from her purse and returned them a few times. After she left, the guard approached her in the parking lot and said that he believed she had store merchandise in her pocketbook but was unable to say what he thought was put there. Caldwell opened the purse, and the guard testified he saw no K-Mart merchandise in it. The guard then told Caldwell to return to the store with him. They walked around the store for approximately 15 minutes, while the guard said six or seven times that he saw her put something in her purse. Caldwell left the store after another store employee indicated she could go. Caldwell sued. What kind of suit did she file, and what should the outcome be? A. False imprisonment, but she will lose. B. Intentional infliction of emotional distress, and she will win. C. Defamation and she will win. D. False imprisonment and she will win.
A
Compensatory damages are defined as the amount of money that the court believes will: A. restore the plaintiff to the position he was in before the defendant's conduct caused injury. B. deter the same mistakes from being repeated by the defendant or others. C. punish the defendant for extreme and outrageous conduct. D. compensate the plaintiff generously for harms caused by the defendant.
A
Davis's company tells Krauss Corp that it is ready to sign a two-year agreement with Krauss to become Krauss' sales researchers for a three-state area. Delaney, who wants his company to represent Krauss for the same three-state area, threatens Davis with bodily harm if he signs the contract with Krauss. Davis, deciding his physical well-being is more important to him than the company, does not sign the contract. What result? A. Delaney has committed tortious interference with a contract. B. Krauss may sue Davis for tortious interference with a prospective advantage. C. Davis has committed tortious interference with a contract.
A
Injuring another person by deliberate deception is called: ___________. A. fraud B. assault C. battery D. element
A
Jerome sues Angora Department Store for false imprisonment, assault, and battery. At trial, Jerome's attorney proves that Angora committed these torts and that Jerome had medical expenses of $25,000, lost wages of $15,000, and also experienced pain and suffering as a result. If the applicable state tort reform statute limits the amount of noneconomic damages that a plaintiff may recover to one-half of the amount of the plaintiff's economic damages, the maximum amount of compensatory damages that the court may order Angora to pay Jerome is: A. $60,000. B. $40,000. C. $120,000. D. $80,000.
A
Miles contracts lung cancer as a result of using one of Parthenon Cleaning's products for several years. At trial, Miles' lawyer proves that Parthenon knew the product caused lung cancer. What result? A. Miles' punitive damages are likely to increase. B. Miles' compensatory damages are likely to increase. C. This will not affect the damages awarded to Miles. D. Miles' compensatory and punitive damages are likely to increase.
A
To successfully claim battery, a plaintiff must show: A. there was an intentional touching that was unwanted or offensive. B. he was afraid of the defendant. C. that the defendant intentionally injured him. D. that he was injured by the defendant's actions.
A
Twinkletoes Dance Studio has a five year lease on a space owned by Corporate Leasing. Tangles Hair Salon offers Corporate twice Twinkletoes monthly rent if Corporate will terminate its agreement with Twinkletoes. Corporate accepts Tangles' offer, and pays for Twinkletoes to move into a bigger, nicer space next door, where it pays 20% less rent than it was paying Corporate. Is Twinkletoes likely to succeed in a suit against Tangles? A. No, because Twinkletoes has not suffered an injury. B. Yes, because Twinkletoes and Corporate had a contract. C. No, because Corporate did not act with malice. D. Yes, because Tangles knew about the contract between Corporate and Twinkletoes.
A
Olivia's lawyer files a claim on her behalf seeking damages for future medical expenses, and past emotional injury and mental anguish. Olivia's lawyer is seeking: A. Compensatory damages. B. Punitive damages. C. The single recovery principle. D. Both punitive and compensatory damages.
A.
Ahmi was a witness in a lawsuit. When asked why he fired Rana, Ahmi replied, "Rana was fired for willful misconduct." However, Rana had not engaged in any misconduct. Will Rana be able to successfully sue Ahmi for defamation based on what Ahmi said in court for defamation? A. Yes, because Ahmi made a defamatory statement against Rana. B. No, because Ahmi has an absolute privilege. C. There is not enough information to correctly answer this question. D. Yes, because Ahmi communicated a false statement to a third person.
B
Benzaquin had a radio talk show. On the program, he complained about an incident in which state trooper Fleming had stopped his car, apparently for lack of a proper license plate and safety sticker. Benzaquin explained that the license plate had been stolen and the sticker fallen onto the dashboard, but Fleming refused to let him drive away. Benzaquin and two young grandsons had to find other transportation. On the show, Benzaquin angrily recounted the incident, then described Fleming and troopers generally: "we're not paying them to be dictators and Nazis"; "this man is an absolute barbarian, a lunkhead, a meathead." Fleming sued Benzaquin for defamation. Which defense applies in this case? A. The statement made was true. B. The statement made was an opinion. C. It was made in anger. D. It was made while a witness in court.
B
Damages such as medical bills, lost wages, and damage to property would be considered: A. punitive. B. compensatory. C. liquidated D. nominal.
B
In State Farm v. Campbell the United States Supreme Court stated that the punitive damages awarded: A. were reasonable and proportionate to the amount of harm to the plaintiff. B. should be reversed C. should be upheld because it was less than 500 times the amount of the compensatory damages. D. were supported by the Due Process Clause.
B
In certain situations, it is allowable to speak freely without fear of being sued for defamation. This is called: A. Qualification. B. Privilege. C. Commercial Exploitation. D. Perjury.
B
The intentional restraint of another person without reasonable cause and without consent is A. Battery. B. Negligence. C. False imprisonment. D. Assault.
C
Marlon, a star professional baseball player, and his friend Jake, who manages a grocery store, walk down the street together. Mitsuko, who lives in an apartment overlooking the same sidewalk, pushes her piano out the window. It lands on Marlon and Jake, causing them both serious and identical injuries and they have to spend several months in the hospital. What is most likely true about the damages they will be awarded? A. Their punitive damages and compensatory damages will be the same. B. Their punitive damages will be similar but their compensatory damages may be different. C. Under the single recovery principle, one of them will be awarded damages and they will share the money. D. Their compensatory damages will be the same but their punitive damages may be different.
B
Pearl Roofing Co. (Pearl) manufactures roofing shingles. Another roofing shingle manufacturer, Ruby Shingles Inc. (Ruby), has recently launched an advertising campaign which includes a statement that Ruby's roofing shingles last twice as long as any competitors. If Pearl sues Ruby for violating the Lanham Act, Pearl will not have to prove A. That the statement is likely to cause harm to Pearl. B. That Ruby acted maliciously in creating and launching its advertising campaign. C. That Ruby made the statement in a commercial advertisement. D. That the statement is false or misleading.
B
Swim World water park agrees to buy 5,000 rubber pool toys from AquaLatex. A company called H20 Gear offers to sell Swim World 5,000 similar rubber pool toys for 5% less than AquaLatex's price. Swim World agrees and cancels its order with AquaLatex. If AquaLatex sues H20 Gear, what is H20 Gear's best defense? A. That a 5% price difference is not enough to induce Swim World to breach its contract with AquaLatex. B. That it didn't know Swim World had a contract with AquaLatex. C. That AquaLatex is a much bigger company than H20 Gear and therefore was not injured by losing the contract with Swim World. D. That the law expects corporations to compete aggressively.
B
Tata Consultancy of Bombay, India, is an international computer consulting firm. It spends considerable time and effort recruiting the best personnel from India's leading technical schools. Tata employees sign an initial three-year employment commitment, often work overseas, and agree to work for a specified additional time when they return to India. Desai worked for Tata, but then quit and formed a competing company, which he called Syntel. His new company contacted Tata employees by phone, offering more money to come work for Syntel, bonuses, and assistance in obtaining permanent resident visas in the United States. At least 16 former Tata employees left their work without completing their contractual obligations and went to work for Syntel. Tata sued. What did it claim, and what should be the result? A. Violation of the Lanham Act, Tata will win. B. Tortious interference with a contract, Syntel will lose. C. Trespass to employment relations, Tata will win. D. Tortious interference with prospective advantage, Syntel will win.
B
What is the difference between compensatory damages and punitive damages? A. Compensatory damages are only awarded in cases involving contributory negligence, while punitive damages are not paid in such cases. B. Compensatory damages restore a plaintiff to the position he was in before the injury, while punitive damages punish the defendant for extreme and outrageous conduct. C. Compensatory damages are monetary awards, while punitive damages are nonmonetary awards. D. Compensatory damages are never paid in cases involving comparative negligence, while punitive damages are paid in such cases.
B
When a plaintiff receives compensatory damages, she receives: A. A sum of money designed to punish the defendant's behavior. B. A sum of money designed to restore the plaintiff to the position she had prior to being injured. C. A sum of money that is calculated as follows: punitive damages award less out of pocket costs. D. A sum of money that is calculated as follows: original injury award less out of pocket costs.
B
An award for future harm: A. is generally overturned. B. is calculated using the same specific formula for most cases. C. typically just has to be reasonable. D. is returned to the defendant if the plaintiff dies of causes unrelated to the lawsuit.
C
Colin agrees to sell eggs to Anita's Bakery. The contract states that Colin will sell Anita 200 eggs per week for the next year, and that either party can terminate the contract at any time. The local School District offers to buy 200 eggs from Colin every week at twice the price. Colin terminates his agreement with Anita so that he can sell his eggs to the School District. Anita sues. What result? A. Anita can successfully sue the School District for tortious interference with a contract. B. Anita can successfully sue Colin for tortious interference with a contract. C. Anita cannot successfully sue Colin or the School District. D. Anita can successfully sue Colin and the School District for tortious interference with a prospective advantage.
C
Donette has a contract to make wedding gowns and sell them to Cleo's Bridal Boutique. Cleo enters into a contract with Charles, to buy wedding gowns he makes. Donette knows this will harm her business, so Donette tells Cleo that she will drop her prices if Cleo cancels her contract with Charles. Cleo cancels her contract with Charles, and Charles sues Donette for tortious interference of a contract. What is Donette's best argument? A. That Donette and Charles did not have a contract. B. That Donette did not know that Charles and Cleo have a contract. C. That Donette was protecting her existing economic interest. D. That Charles interfered with Donette's prospective advantage.
C
Spino, Inc. signed a one-year, $1 million contract with Elana, a sports celebrity, to promote Spino's products. Sportz Inc., a competitor of Spino, was interested in having Elana promote its own products and knew of her contract with Spino. Sportz offered Elana a three-year, $5 million contract. Elana left Spino and signed with Sportz. Which of the following statements is true in this case? A. Elana is liable for tortious interference with a prospective advantage. B. Elana is liable for tortious interference with a contract. C. Sportz is liable for tortious interference with a contract. D. Both Elana and Sportz are liable for tortious interference with a contract.
C
When the court rules that the plaintiff be paid a large amount of money by the defendant, far exceeding the actual damages he has sustained, for the purpose of deterring outrageous behavior in society by making an example of the defendant, it is awarding _____. A. single recovery damages B. compensatory damages C. punitive damages D. collateral damages
C
A defendant may be liable for the plaintiff's pain and suffering A. only if the pain and suffering caused the plaintiff financial harm. B. only when the defendant's conduct was extreme and outrageous. C. only if the pain and suffering happened in the past. D. only as part of compensatory damages
D
Peter owes Joe money. Joe called Peter's home several times per day for five weeks asking for repayment, with some of the calls coming after midnight. Peter is now depressed and can't sleep and is under a doctor's care. Joe might be liable for A. Wrongful interference with a contract. B. Defamation. C. Trespass to land. D. Intentional infliction of emotional distress
D
The intentional infliction of emotional distress results from A. the intentional restraint of another person without reasonable cause and without consent. B. intentional touching of another person in a way that is unwanted or offensive. C. false statements that harm someone's reputation. D. extreme and outrageous conduct that causes serious emotional harm.
D
The tort of _____________ imposes liability on someone who knowingly induces a party to a contract to breach it. A. Fraud B. Tortious Interference with a Prospective Advantage C. Conversion D. Tortious Interference with a Contract
D
Which of the following is an example of punitive damages? A. Jim's lawyer files a plea for examining Jones's medical and repair bills that amount to $80,000 in his case against Jim. B. An Alabama appellate court reduces the award of $525,000 to Hardwick to cover only the losses the plaintiff sustained as a result of the defendant interfering with one of its sales contracts. C. The Louisiana Supreme Court fines Jake $20,000 for damages caused by him to the state and private property during his drunken police chase. D. A trial court jury sees it fit to award Jill $6,000,000 in damages against Medico, Inc. for tricking Jill into being a test subject for drug trials.
D
Rachel has a three year written contract to work for Norberto. Jester, a competitor of Norberto, offers to pay Rachel 30% more if she would leave Norberto and work for Jester. Since Rachel's contract was an employment contract, Jester cannot be found liable for tortious interference with a contract. True or False?
False
Kenneth was exposed to radiation on his job in an environmental cleanup. In a lawsuit against his employer, the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time. True or False
True