Chapter 4 – Tort Law

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.

  a. True
  b. False

 

2. ​Through tort law, society compensates those who suffer injuries as a result of others’ wrongful conduct.

  a. True
  b. False

 

3. A class action is a lawsuit in which a large number of plaintiffs bring suit as a group.

  a. True
  b. False

 

4. Very few states limit the amount of damages that can be awarded in tort cases.

  a. True
  b. False

 

5. ​The most widely used defense in negligence actions is comparative negligence.

  a. True
  b. False

 

6. A successful defense releases the defendant from partial or full liability for a tortious act.

  a. True
  b. False

 

7. ​A tortfeasor is one who wrongfully alleges that a tort has been committed.

  a. True
  b. False

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8. To commit an intentional tort, a person must have an evil or harmful motive.

  a. True
  b. False

 

9. False imprisonment occurs when a person restrains another intentionally and without justification.​

  a. True
  b. False

 

10. Defense of others is a defense to an allegation of assault.

  a. True
  b. False

 

11. Moral pressure constitutes false imprisonment.

  a. True
  b. False

 

12. Defense of others is a defense to an allegation of battery.

  a. True
  b. False

 

13. Fraud occurs only when there is justifiable reliance on a true statement.

  a. True
  b. False

 

14. For fraud to occur, seller’s talk must be involved.

  a. True
  b. False

 

15. A defamatory statement must be communicated to a third party to be actionable.

  a. True
  b. False

 

16. An individual’s privacy is invaded if his or her likeness is used for commercial purposes without permission.

  a. True
  b. False

 

17. Legitimate competitive behavior is a permissible interference with a contractual relationship even if it results in a breaking of the contract.

  a. True
  b. False

 

18. Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship.

  a. True
  b. False

 

19. If it can be shown that a trespass to land was warranted, a complete defense exists.

  a. True
  b. False

 

20. The taking of electronic records and data can form the basis of a conversion claim.

  a. True
  b. False

 

21. Disparagement of property is a general term for the specific tort of appropriation.

  a. True
  b. False

 

22. Conversion is limited to theft.

  a. True
  b. False

 

23. Specifically targeting the customers of a competitor is always a legitimate business practice.

  a. True
  b. False

 

24. Failure to live up to a standard of care may be an act or an omission.

  a. True
  b. False

 

25. To avoid liability for negligence, a business owner must protect its customers against all risks.

  a. True
  b. False

 

26. Only persons who are explicitly invited onto a business’s premises are considered business invitees

  a. True
  b. False

 

27. Some risks are obvious but, with respect to the duty of care required to establish negligence, a warning is always necessary.

  a. True
  b. False

 

28. Under the theory of negligence, the duty of care requires an intentional act.

  a. True
  b. False

 

29. If no harm results from an allegedly negligent act, there is no liability.

  a. True
  b. False

 

30. Proximate cause exists when the connection between an act and an in-jury is strong enough to justify imposing liability.

  a. True
  b. False

 

31. Harm must be foreseeable to be considered the proximate cause of an injury in negligence.

  a. True
  b. False

 

32. A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will be allowed to recover for any consequent injury.

  a. True
  b. False

 

33. Under the doctrine of comparative negligence, only the plaintiff’s negligence is taken into consideration.

  a. True
  b. False

 

34. Under the doctrine of strict liability, if there is no fault, there is no liability.

  a. True
  b. False

 

35. Under the doctrine of strict liability, liability is imposed only if a person fails to use all reasonable care.

  a. True
  b. False

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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.

  a. if Ike intended to push Joan.
  b. ​only if Ike did not intend to break Joan’s arm.
  c. ​only if Ike had a bad motive for pushing Joan.
  d. ​only if Ike intended to break Joan’s arm.

 

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

  a. compensatory damages.
  b. ​punitive damages.
  c. contingency fees.
  d. ​none of the choices.

 

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

  a. Ladd.
  b. ​Minh.
  c. the rightful owner of the rock.
  d. ​no one.

 

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

  a. if Rosario’s did not actually overcharge Stephanie.
  b. if the shove was offensive.
  c. if Stephanie acted out of malice.
  d. under no circumstances—there was no physical injury.

 

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

  a. abuse of process.
  b. false imprisonment.
  c. malicious prosecution.
  d. none of the choices.

 

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

  a. assault.
  b. battery.
  c. false imprisonment.
  d. none of the choices.

 

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

  a. abuse of process..
  b. appropriation.
  c. wrongful interference with a contractual relationship.
  d. not a tort.

 

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

  a. a recipient of one of the handbills repeats it.
  b. Kelly suffers emotional distress.
  c. the statement is true.
  d. the statement is false.

 

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

  a. defamation.
  b. not defamation because it is an opinion.
  c. not defamation because it was  not communicated orally.
  d. not defamation because it was not communicated to more than one person.

 

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

  a. battery.
  b. fraudulent misrepresentation.
  c. defamation.
  d. appropriation.

 

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

  a. ​a subjective statement.
  b. misrepresentation of a fact knowing that it is false.
  c. puffery.
  d. seller’s talk.

 

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

  a. fraud if the statement is the truth.
  b. fraud if Jim believes that this statement is not true.
  c. fraud if Jim is stating his opinion, not the facts.
  d. not fraud.

 

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

  a. trade libel.
  b. conversion.
  c. ​fraudulent misrepresentation.
  d. no tort.

 

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

  a. ​puffery.
  b. ​fact.
  c. illusion.
  d. opinion.

 

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

  a. conversion.
  b. no tort.
  c. ​wrongful interference with a business relationship.
  d. trade libel.

 

51. OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is​

  a. ​appropriation.
  b. ​conversion.
  c. wrongful interference with a contractual relationship.
  d. none of the choices.

 

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

  a. assisting someone in danger.
  b. consent.
  c. self-defense.
  d. the reasonable person defense.

 

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

  a. does not have Bella’s permission to drive on the property.
  b. ​drives onto the property for recreational purposes.
  c. harms the property in a material way.
  d. harms the property in any way.

 

54. Basil, a clerk at Cycle World, takes a bicycle from the store without the owner’s permission. Basil is liable for conversion

  a. if he damages the bicycle.
  b. if he does not have a good reason for taking the bicycle.
  c. if he fails to prevent a theft of the bicycle from his possession.
  d. under any circumstances.

 

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

  a. appropriation.
  b. conversion.
  c. disparagement of property.
  d. trespass to personal property.

 

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

  a. defamation.
  b. no tort.
  c. slander of quality.
  d. slander of title.

 

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

  a. appropriation.
  b. no tort.
  c. conversion.
  d. wrongful interference with a business relationship.

 

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

  a. a blameless person.
  b. a faultless person.
  c. a careless person.
  d. a reasonable person.

 

59. Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of

  a. all risks.
  b. foreseeable risks.
  c. obvious risks.
  d. no risks.

 

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

  a. $0.
  b. $250,000.
  c. $400,000.
  d. $500,000.

 

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

  a. assault.
  b. battery.
  c. false imprisonment.
  d. negligence.

 

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

  a. the reasonable ordinary person standard.
  b. the reasonable engineer standard.
  c. the standard of professionals, including doctors, dentists, and lawyers.
  d. the standard expected by those injured in the collapse of the bridge.

 

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

  a. both parties were emotionally rattled.
  b. Caleb did not apparently intend to cause an accident.
  c. Duffy must have been comparatively negligent.
  d. Duffy was not injured.

 

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

  a. the cause in fact.
  b. the intervening cause.
  c. the proximate cause.
  d. the superseding cause.

 

65. Ralph, a van driver for Speedy Delivery Service, causes a multi-vehicle accident on a city street. Ralph and Speedy are liable to

  a. all those who were injured.
  b. only those who were uninsured.
  c. only those whose injuries could have been reasonably foreseen.
  d. only those whose vehicles were closest to Ralph’s van.

 

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

  a. no circumstances.
  b. the doctrine of res ipsa loquitur.
  c. the “danger invites rescue” doctrine.
  d. an applicable Good Samaritan statute.

 

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

  a. even if Ichiro was only slightly at fault.
  b. only if Ichiro and Heather were equally at fault.
  c. only if Ichiro was less at fault than Heather.
  d. only if Ichiro was more at fault than Heather.

 

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

  a. only if Thelma’s injury was not reasonably foreseeable.
  b. only if Thelma’s injury was reasonably foreseeable.
  c. only if the R&R crew was at fault.
  d. ​whether or not the R&R crew was at fault.

 

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

  a. criminal law.
  b. intentional torts.
  c. product liability.
  d. ​negligence.

 

70. Level Grade Engineering, Inc., sometimes uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because

  a. ​Level Grade is a corporation.
  b. the activity is inherently negligent.
  c. the activity is extremely risky.
  d. the amount of liability can be added to the costs of construction.

 

 

 

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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