Chapter 4 – Tort Law
| Indicate whether the statement is true or false. |
1. Tort law provides remedies for acts that cause the destruction of or damage to property.
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2. Through tort law, society compensates those who suffer injuries as a result of others’ wrongful conduct.
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3. A class action is a lawsuit in which a large number of plaintiffs bring suit as a group.
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4. Very few states limit the amount of damages that can be awarded in tort cases.
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5. The most widely used defense in negligence actions is comparative negligence.
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6. A successful defense releases the defendant from partial or full liability for a tortious act.
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7. A tortfeasor is one who wrongfully alleges that a tort has been committed.
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8. To commit an intentional tort, a person must have an evil or harmful motive.
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9. False imprisonment occurs when a person restrains another intentionally and without justification.
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10. Defense of others is a defense to an allegation of assault.
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11. Moral pressure constitutes false imprisonment.
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12. Defense of others is a defense to an allegation of battery.
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13. Fraud occurs only when there is justifiable reliance on a true statement.
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14. For fraud to occur, seller’s talk must be involved.
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15. A defamatory statement must be communicated to a third party to be actionable.
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16. An individual’s privacy is invaded if his or her likeness is used for commercial purposes without permission.
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17. Legitimate competitive behavior is a permissible interference with a contractual relationship even if it results in a breaking of the contract.
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18. Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship.
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19. If it can be shown that a trespass to land was warranted, a complete defense exists.
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20. The taking of electronic records and data can form the basis of a conversion claim.
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21. Disparagement of property is a general term for the specific tort of appropriation.
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22. Conversion is limited to theft.
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23. Specifically targeting the customers of a competitor is always a legitimate business practice.
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24. Failure to live up to a standard of care may be an act or an omission.
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25. To avoid liability for negligence, a business owner must protect its customers against all risks.
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26. Only persons who are explicitly invited onto a business’s premises are considered business invitees
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27. Some risks are obvious but, with respect to the duty of care required to establish negligence, a warning is always necessary.
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28. Under the theory of negligence, the duty of care requires an intentional act.
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29. If no harm results from an allegedly negligent act, there is no liability.
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30. Proximate cause exists when the connection between an act and an in-jury is strong enough to justify imposing liability.
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31. Harm must be foreseeable to be considered the proximate cause of an injury in negligence.
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32. A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will be allowed to recover for any consequent injury.
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33. Under the doctrine of comparative negligence, only the plaintiff’s negligence is taken into consideration.
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34. Under the doctrine of strict liability, if there is no fault, there is no liability.
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35. Under the doctrine of strict liability, liability is imposed only if a person fails to use all reasonable care.
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| Indicate the answer choice that best completes the statement or answers the question. |
36. Under the doctrine of strict liability, liability is imposed only if a person fails to use all reasonable care.
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37. Logistics Trucking Company operates a fleet of fuel trucks. When one of the trucks is positioned to receive a load of biofuel, it strikes a storage tank owned by Metro Biofuel, Inc. For the cost of repairing the damage to the tank, Metro is most likely to be awarded
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38. Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. On the basis of the tort of battery, Nasir can sue
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39. After a dinner at Rosario’s Italian Eatery, Stephanie believes that she was overcharged and shoves Thom, the waiter. Thom sues Stephanie, alleging that the shove was a battery. Stephanie is liable
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40. Diego is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Diego’s paperwork, he is held in jail for a month. The police are most likely liable for
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41. Liz trespasses on Mega Corporation’s property. Through the use of reasonable force, Mega’s security guard Ned detains Liz until the police arrive. Mega is liable for
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42. Marcos wants to buy Lucia’s land, but she refuses to sell. Marcos begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Lucia to sell. This is
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43. Jess, an accountant, distributes a handbill to her business clients and potential customers accusing her competitor Kelly of being a convicted thief. The statement is defamatory if
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44. In a tweet to Cooper, a reporter for the online Daily Bleat, Evan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is
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45. Jane develops a new color of lipstick. To market her lipstick, Jane uses a computer design program to show a famous model using Jane’s lipstick. Jane does not ask the model’s permission. The model can sue Jane for
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46. Obie accuses Portia, a broker with QT Investment Services, of fraudulently inducing him to invest in Riske Development Company, whose stock price declines in value. The reliance that gives rise to liability for fraud requires
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47. Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the “best one ever made.” This is
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48. Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for
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49. Felix tells Genie, a prospective tenant, that the roof of the Hillside Apartments building does not leak when Felix knows that it does. This may give rise to an action for fraud, because the statement is one of
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50. Kojo, a LifeCare Medical Supplies salesperson, follows Malin, a salesperson for National Medco Products, a LifeCare competitor, as Malin visits medical clinics, doctors’ offices, hospitals, and other locations to make sales. Kojo solicits each of Malin’s customers. Kojo is most likely liable for
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51. OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is
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52. Manuel is walking past Thomas’s house when he hears a smoke alarm going off. He also hears a child calling for help and sees smoke coming from a window. Manuel rushes into Thomas’s house, finds the child and brings it outside. If Thomas sues Manuel for trespass to land, Manuel’s defense will probably be
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53. Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella’s land. Doyle commits trespass if he
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54. Basil, a clerk at Cycle World, takes a bicycle from the store without the owner’s permission. Basil is liable for conversion
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55. As a joke, Jem takes Kyla’s business law textbook and hides it so that Kyla cannot find it during the week before the exam. Jem may have committed
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56. In a digital billboard ad, Mainstream Headwaters falsely accuses Northwest Passages, a competitor, of selling stolen kayaks, canoes, and other boats and boating gear. Northwest’s sales decrease. Mainstream has most likely committed
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57. Fifi, a clerk at a Games n’ Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for
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58. Bette backs out of City Parking Garage, colliding with Dill’s car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as
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59. Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of
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60. Oliver slips and falls on Port Harbor’s Tour Boat and is injured. Oliver files a suit against Port Harbor for $500,000. If Oliver is 20 percent at fault and Port Harbor is 80 percent at fault, under the “50 percent rule,” Oliver would recover
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61. An Indiana state statute requires amusement parks to maintain equipment in certain condition for the protection of patrons. Jasper’s Fun Park fails to maintain its equipment. Kaitlin, a patron, is thereby injured. Jasper’s committed
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62. Ricci, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Ricci is sued by motorists and hikers injured in the collapse. As a professional, Ricci is held to
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63. Caleb is driving a car in which Duffy is a passenger when an accident occurs. Caleb and Duffy are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dufy on a negligence theory because
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64. Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe’s negligence, Kim would not have died. Regarding the death, the crash is
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65. Ralph, a van driver for Speedy Delivery Service, causes a multi-vehicle accident on a city street. Ralph and Speedy are liable to
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66. Elise, an emergency medical technician renders aid to a participantin Forest & Field Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under
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67. Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro’s recovery
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68. Shelby owns Reclamation & Restoration (R&R), a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Thelma, a spectator. Under the theory of strict liability, Shelby must pay for Thelma’s injury
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69. Jean is playing a computer game on a bad disk that melts in her drive, starting a fire that injures her hands. Jean files a suit against K-Tech, Inc., the game’s manufacturer. K-Tech is held liable under the doctrine of strict liability. A significant application of this doctrine is in the area of
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70. Level Grade Engineering, Inc., sometimes uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because
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| 71. Data Analytics, Inc., and eProducts Corporation market competing software products. Data Analytics launches an advertising campaign claiming that eProducts, instead of testing software before it is marketed, has customers “test” the software by using it. eProducts knows this is not true but begins to lose sales to Data Analytics. On what ground could eProducts sue Data Analytics for injury to eProducts’ reputation? |
| 72. Dixie, a driver for Express Delivery Company, leaves the truck’s motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall col-lapses onto a crane, which falls on Fazio, a by-stander, and injures him. What must Fazio show to recover dam-ages from Express Delivery? |
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