Torts, Negligence, and Business Crimes

Question 1

Definition of torts

Answer 1

Any private/civil wrong other than breach of contract

Question 2

Tortfeasor

Answer 2

One who commits a tort

Question 3

Reasons for having torts (3)

Answer 3

Relief to injured, liability on tortfeasors, deterrence of potential tortfeasors

Question 4

Alternative term for unintentional tort

Answer 4

Negligence

Question 5

Conversion

Answer 5

Taking someone’s property

Question 6

Common form of conversion

Answer 6

Disagreement over who owns company property

Question 7

Trespass

Answer 7

Intentional entry without permission

Question 8

Common form of fraudulent misrepresentation

Answer 8

Lying for advantage in competition for contract

Question 9

Interference with contract

Answer 9

Intentional disruption

Question 10

Interference with contract often depends upon

Answer 10

knowledge of contract

Question 11

Advertising as interference with contract

Answer 11

Not usually considered

Question 12

Invasion of privacy caveat

Answer 12

In public setting with no expectation of privacy

Question 13

Test for negligence

Answer 13

Defendant had duty to use reasonable care, breached duty, breach was proximate cause of injury

Question 14

Negligence per se

Answer 14

Violation of law/regulation; only proximate cause must be shown

Question 15

Scope of employment

Answer 15

Business is liable for employee’s actions

Question 16

Scope of employment broadly includes

Answer 16

Foreseeable risks, anything a reasonable person might do in employee’s position

Question 17

Premises liability

Answer 17

Owner of premises on which injury happened is liable

Question 18

Conditions of premises liability

Answer 18

Condition of property created risk; owner knew or should have known; owner failed to repair/protect against risk

Question 19

Other forms of negligence related to businesses

Answer 19

Negligent supervision, negligent hiring

Question 20

Contributory negligence

Answer 20

If plaintiff’s own negligence contributed to injury, damages may be reduced

Question 21

Defamation vs. slander

Answer 21

Defamation is written

Question 22

Defense to defamation

Answer 22

Truth is complete defense to defamation

Question 23

Faulkner v. Bartholomew - negligent supervision

Answer 23

Negligent supervision: Bartholomew not trained to jumpstart even though would’ve been expected to do so and had done so before

Question 24

Faulkner v. Bartholomew - Premises liability

Answer 24

Lack of parking lot markings

Question 25

Bribery as related to non-government officials

Answer 25

Kickbacks (personal favors)

Question 26

Misappropriation of trade secrets - details

Answer 26

Knowledge generally learned is not stealing; taking specific designs is