TORTS

Question 1

Causing someone’s character to be questioned is a wrong against the person and is the tort of defamation.

Answer 1

TRUE

Question 2

A tort is an interference with someone’s person or property.

Answer 2

TRUE

Question 3

If a crime does not hurt an identifiable person, it is not a tort.

Answer 3

TRUE

Question 4

A crime is a wrong that arises from a violation of a private duty, whereas a tort is a wrong that arises from a violation of a public duty.

Answer 4

FALSE

Question 5

The same action can have both civil and criminal liability.

Answer 5

TRUE

Question 6

Georgia is at a crowded carnival. As she’s trying to get to the corn dog stand, someone in the crowd accidentally pushes and into another carnival-goer, causing that carnival-goer to get a black eye. Georgia is guilty of the tort of assault.

Answer 6

FALSE

Question 7

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

Answer 7

FALSE

Question 8

Negligence is imposed because the activity involved is so dangerous that there must be full accountability, even if the activity is necessary and cannot be prohibited

Answer 8

FALSE

Question 9

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

Answer 9

FALSE

Question 10

The tort of false imprisonment requires the permanent detention of a person without their consent.

Answer 10

FALSE

Question 11

The shopkeeper’s privilege gives store managers the absolute right to detain anyone they believe has shoplifted.

Answer 11

FALSE

Question 12

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

Answer 12

TRUE

Question 13

The tort of invasion of privacy requires the reasonable intrusion into one’s private affairs.

Answer 13

FALSE

Question 14

Commercial exploitation, also called right of publicity, is a form of invasion of privacy.

Answer 14

TRUE

Question 15

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

Answer 15

FALSE

Question 16

U.S. Senator Jones enjoys an absolute privilege when she is speaking on the floor of the Senate.

Answer 16

TRUE

Question 17

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

Answer 17

TRUE

Question 18

Interactive web sites are immune from liability for content created by a third-party user, unless the web site actively edits the content.

Answer 18

TRUE

Question 19

Customer reviews and complaints such as “the worst cruise experience of my life” are protected opinion.

Answer 19

TRUE

Question 20

Product disparagement is a form of defamation.

Answer 20

TRUE

Question 21

In numerous states, former employers are protected by a qualified privilege for factual comments made about former employees who are applying for jobs at other companies.

Answer 21

TRUE

Question 22

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

Answer 22

FALSE

Question 23

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

Answer 23

TRUE

Question 24

There are several defenses available when the standard of strict liability is applied.

Answer 24

FALSE

Question 25

People generally have a duty to act as a reasonably prudent person would in similar circumstances.

Answer 25

TRUE

Question 26

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

Answer 26

FALSE

Question 27

Plaintiffs are typically awarded punitive damages in negligence cases.

Answer 27

FALSE

Question 28

When contributory negligence is proven, damages awarded are reduced based on the plaintiff’s degree of fault but the plaintiff can still recover some damages.

Answer 28

FALSE

Question 29

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

Answer 29

TRUE

Question 30

Governments are generally immune from tort liability.

Answer 30

TRUE

Question 31

A wrong that arises from a violation of a private duty is called a:

Answer 31

TORT

Question 32

Concerning torts and crimes, choose the correct statement:

Answer 32

A crime may also be a tort.

Question 33

Torts arise from a violation of a ____ duty.

Answer 33

PRIVATE

Question 34

A contractor would be liable for ________ if the demolition of a structure with dynamite caused damages to surrounding structures.

Answer 34

strict liability

Question 35

Sal sent Max an e-mail message telling Max that his wife had been killed in a car accident, and Sal knew this was untrue. Max may be able to sue Sal for:

Answer 35

Intentional infliction of emotional distress

Question 36

In order to establish the tort of false imprisonment, a person must show imprisonment for:

Answer 36

any amount of time.

Question 37

A business may lose the shopkeeper’s privilege if:

Answer 37

the customer is kept an unreasonable amount of time.

Question 38

The tort of invasion of privacy includes all of the following except:

Answer 38

defamation of privacy.

Question 39

Bruce opens a used car lot but has difficulty competing with Humdinger Motors, a much larger used car lot down the street. In his newspaper ad, Bruce includes the false statement, “Humdinger sells cars with defective titles.” Humdinger experiences an immediate decrease in sales. Bruce has most likely committed the tort of:

Answer 39

Disparagement

Question 40

Oral or spoken defamation is:

Answer 40

SLANDER

Question 41

An absolute privilege is available as a defense to slander liability when:

Answer 41

a witness testifies in a court proceeding.

Question 42

Slander of title and trade libel are collectively known as product __________.

Answer 42

Disparagement

Question 43

Maria intentionally attempts to have Patty break a contract with Alfred. Maria will be liable under which theory of tort?

Answer 43

​contract interference

Question 44

In a state that has the comparative negligence doctrine with a “50 percent” rule, a jury finds that Bill is 35% liable for his own injuries in a negligence suit he brought against Tina. In this situation, Bill will recover:

Answer 44

Nothing at all from Tina

Question 45

Trespass to personal property requires:

Answer 45

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

Question 46

The widest range of tort liability arises in the area of:

Answer 46

negligence.

Question 47

The degree of care required of a person is:​

Answer 47

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

Question 48

Professionals have a duty to perform their jobs at the level of:

Answer 48

a reasonable professional in the same business.

Question 49

Comparative negligence:

Answer 49

allows a comparison of negligence between plaintiff and defendant.

Question 50

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?

Answer 50

CONTRIBUTORY

Question 51

What type of damages are recoverable when the defendant’s tortious conduct i s accompanied by fraud, malice, or willful or wanton conduct?

Answer 51

PUNITIVE

Question 52

The concept of immunity from liability means that:

Answer 52

certain persons are not subject to tort liability.

Question 53

. Once the cause in fact is established, the plaintiff must establish ________, that is the harm by the injured person that was a foreseeable consequence of the defendant’s negligent actions.

Answer 53

. Once the cause in fact is established, the plaintiff must establish ________, that is the harm by the injured person that was a foreseeable consequence of the defendant’s negligent actions.