National American University

BUSINESS L 3100

Chapter 9-TORTS

TRUE/FALSE

1)A victim of a tort may sue and recover money damages.

 

                                           

 

2. “Tort” comes from the Latin term “tortus,” which means “crooked, dubious, or twisted.”
3. If a crime does not hurt an identifiable person, it is not a tort.

 

                                           

 

4. A tort is a wrong arising from a violation of a public duty.

 

                                           

 

5. Strict liability is one type of tort.

 

                                           

 

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

 

                                           

 

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

 

                                           

 

 

8. The concept of strict liability is applied without regard to whether the defendant was at fault.

 

                                           

 

9. Assault is the intentional, wrongful touching of another person without that person’s consent.

 

                                           

 

10. The tort of false imprisonment requires the detention of a person without his or her consent.

 

                                           

 

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

 

                                           

 

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

                                           

 

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

 

                                           

 

14. Commercial exploitation is a form of invasion of privacy.

 

                                           

 

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

 

                                           

 

16. In terms of defamation liability, members of the United States Congress enjoy an absolute privilege when they are speaking on the floor of the Senate or the House of Representatives.

 

                                           

 

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

 

                                           

 

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

 

                                           

 

19. Truth is not a defense to defamation.

 

                                           

 

20. Product disparagement is a form of defamation.

 

                                           

 

21. Malice is always a required element of defamation.

 

                                           

 

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

 

                                           

 

23. The use of someone’s car without that person’s permission is a trespass to personal property.

 

                                           

 

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

 

                                           

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

 

                                           

 

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

 

                                           

 

27. Plaintiffs are typically awarded punitive damages in negligence cases.

 

                                           

 

28. When contributory negligence is proven, damages awarded as reduced based on the plaintiff’s degree of fault.

 

                                           

 

29. The assumption of risk defense has been abolished in several states.

 

                                           

 

30. Governments are generally immune from tort liability.

 

                                           

 

MULTIPLE CHOICE

 

1. A wrong that arises from a violation of a private duty is called a:
   1. criminal action.
   2. tort.
   3. crime.
   4. de mala.

                                           

 

2. Concerning torts and crimes, choose the correct statement:
   1. Every tort is a crime.
   2. Every crime is a tort.
   3. No crime is a tort.
   4. A crime may also be a tort.

                                           

 

3. Torts arise from a violation of a            duty.
   1. public
   2. private
   3. contractual
   4. criminal

                                           

4. Torts are classified as:
   1. intentional only.
   2. negligence only.
   3. strict liability only.
   4. intentional, negligence, and strict liability.        
5. Without meaning to, Alice carelessly strikes Mary. Mary may be able to sue Alice for:
   1. an intentional tort.
   2. negligence.
   3. strict liability
   4. absolute liability.

                                           

 

6. In order to establish the tort of false imprisonment, a person must show imprisonment for:
   1. any amount of time.
   2. at least one minute.
   3. at least ten minutes
   4. at least one hour.

                                           

 

7. A shopkeeper may lose the shopkeeper’s privilege if:
   1. the customer is kept an unreasonable amount of time.
   2. the shopkeeper acted with reasonable suspicion.
   3. the shopkeeper acted with necessary force.
   4. all of the above.

                                           

 

8. 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:
   1. defamation.
   2. wrongful interference with a contract.
   3. intentional infliction of emotional distress.
   4. trespass.

                                           

 

9. The tort of invasion of privacy includes:
   1. intrusion into private affairs.
   2. public disclosure of private facts.
   3. misappropriation of another's name.
   4. all of the above.

                                           

 

10. Defamation of a public figure requires what additional element?
    1. Intent
    2. Malice
    3. Causation
    4. none of the above

                                           

11. Which of the following is a defense to defamation?
    1. Slander
    2. Libel
    3. Truth
    4. All of the above.

                                           

 

12. Oral or spoken defamation is:
    1. slander.
    2. libel.
    3. privilege.
    4. perjury.

                                           

 

13. An absolute privilege is available as a defense to slander liability when:
    1. the statement is made to only a few people.
    2. libel exists.
    3. a witness testifies in a court proceeding.
    4. no intent to harm is present.

                                           

 

14. Slander of title and trade libel are collectively known as product                       .
    1. Divestiture
    2. Disparagement
    3. Dilution
    4. Diversion

                                           

 

15. Maria intentionally attempts to have Patty break a contract with Alfred. Maria will be liable under which theory of tort?
    1. Libel
    2. product disparagement
    3. contract interference
    4. intentional infliction of emotional distress      
16. Trespass applies to:
    1. personal property only.
    2. land only.
    3. both personal property and land.
    4. only government-owned property.

                                           

 

17. Trespass to personal property requires:
    1. the personal property to be connected to real property.
    2. destroying the personal property.
    3. the invasion of personal property regardless of whether the owner grants permission.
    4. the invasion of personal property without the permission of the owner.          

18. The widest range of tort liability arises in the area of:
    1. negligence.
    2. absolute liability.
    3. violation of statute.
    4. assumption of risk.

                                           

 

19. The degree of care required of a person is:
    1. that degree of care the person exercised in the situation at hand.
    2. that degree of care an extraordinary person would exercise under similar circumstances.
    3. that degree of care an ordinarily prudent person would exercise under similar circumstances.
    4. none of the above.

                                           

 

20. Professionals have a duty to perform their jobs at the level of:
    1. a reasonable person.
    2. a reasonable professional in the same business.
    3. an extraordinarily careful person.
    4. none of the above.

                                           

 

21. Comparative negligence:
    1. has been rejected by most of the states.
    2. allows a comparison of negligence between plaintiff and defendant.
    3. only applies when the plaintiff has signed a release.
    4. is a bar to recovery under common law.          
22. 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?
    1. criminal
    2. contributory
    3. personal
    4. prejudicial

                                           

 

23. What type of damages is recoverable when the defendant’s tortious conduct is accompanied by fraud, malice, or willful or wanton conduct?
    1. compensatory
    2. consequential
    3. nominal
    4. punitive

                                           

 

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

                                           

 

25. What form of tort liability was developed to provide guaranteed protection for those who are injured by conduct the law deems both serious and inexcusable?
    1. strict liability
    2. negligence
    3. both a. and b.
    4. neither a. nor b.

                                           

 

CASE

 

1. 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.

 

 

 

 

2. 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?