Andersons Business Law and the Legal Environment Standard Volume 23rd Edition Twomey Test Ba

Andersons Business Law and the Legal Environment

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Name: Class: Date:

Chapter 08—TORTS
True / False

1. Causing someone’s character to be questioned is a wrong against the person and is the tort of defamation.
a. True
b. False
ANSWER: True

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

a. True
b. False
ANSWER: True

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

a. True
b. False
ANSWER: True

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.
a. True
b. False
ANSWER: False

5. The same action can have both civil and criminal liability.
a. True
b. False
ANSWER: True

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.
a. True
b. False
ANSWER: False

7. For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong.
a. True
b. False
ANSWER: False

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
a. True
b. False
ANSWER: False

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Chapter 08—TORTS
9. Assault is the intentional, wrongful touching of another person without that person’s consent.
a. True
b. False
ANSWER: False

10. The tort of false imprisonment requires the permanent detention of a person without their consent.
a. True
b. False
ANSWER: False

11. The shopkeeper’s privilege gives store managers the absolute right to detain anyone they believe has shoplifted.
a. True
b. False
ANSWER: False

12. The tort of intentional infliction of emotional distress requires proof of outrageous conduct and resulting emotional
distress in the victim.
a. True
b. False
ANSWER: True

13. The tort of invasion of privacy requires the reasonable intrusion into one’s private affairs.
a. True
b. False
ANSWER: False

14. Commercial exploitation, also called right of publicity, is a form of invasion of privacy.
a. True
b. False
ANSWER: True

15. Offensive language used by one person to describe another constitutes the tort of slander.
a. True
b. False
ANSWER: False

16. U.S. Senator Jones enjoys an absolute privilege when she is speaking on the floor of the Senate.
a. True
b. False
ANSWER: True

17. Libel is the printed equivalent of the spoken form of defamation known as slander.
a. True
b. False
ANSWER: True
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Chapter 08—TORTS

18. Interactive web sites are immune from liability for content created by a third-party user, unless the web site actively
edits the content.
a. True
b. False
ANSWER: True

19. Customer reviews and complaints such as “the worst cruise experience of my life” are protected opinion.
a. True
b. False
ANSWER: True

20. Product disparagement is a form of defamation.

a. True
b. False
ANSWER: True

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.
a. True
b. False
ANSWER: True

22. A trespass to personal property is any unpermitted entry below, on, across, or above the land of another.
a. True
b. False
ANSWER: False

23. The use of someone’s car without that person’s permission is a trespass to personal property.
a. True
b. False
ANSWER: True

24. There are several defenses available when the standard of strict liability is applied.
a. True
b. False
ANSWER: False

25. People generally have a duty to act as a reasonably prudent person would in similar circumstances.
a. True
b. False
ANSWER: True

26. Professionals have a duty to perform their functions at the same level as would a reasonable person.
a. True
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Chapter 08—TORTS
b. False
ANSWER: False

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

a. True
b. False
ANSWER: False

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.
a. True
b. False
ANSWER: False

29. The assumption of risk defense has been abolished in several states.
a. True
b. False
ANSWER: True

30. Governments are generally immune from tort liability.

a. True
b. False
ANSWER: True

Multiple Choice

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

a. criminal action.
b. tort.
c. crime.
d. de mala.
ANSWER: b

32. Concerning torts and crimes, choose the correct statement:

a. Every tort is a crime.
b. Every crime is a tort.
c. No crime is a tort.
d. A crime may also be a tort.
ANSWER: d

33. Torts arise from a violation of a ____ duty.

a. public
b. private
c. contractual

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Chapter 08—TORTS
d. criminal
ANSWER: b

34. A contractor would be liable for ________ if the demolition of a structure with dynamite caused damages to
surrounding structures.
a. strict liability
b. contributory negligence
c. criminal wrongdoing
d. tortious interference
ANSWER: a

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:
a. Intentional infliction of emotional distress
b. Libel
c. Violations of the First Amendment
d. Battery
ANSWER: a

36. In order to establish the tort of false imprisonment, a person must show imprisonment for:
a. any amount of time.
b. at least one minute.
c. at least ten minutes.
d. at least one hour.
ANSWER: a

37. A business may lose the shopkeeper’s privilege if:

a. the customer is kept an unreasonable amount of time.
b. the shopkeeper acted with reasonable suspicion.
c. the shopkeeper acted with necessary force.
d. the shopkeeper kept the customer over 1 hour.
ANSWER: a

38. 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:
a. defamation.
b. wrongful interference with a contract.
c. intentional infliction of emotional distress.
d. trespass.
ANSWER: c

39. The tort of invasion of privacy includes all of the following except:
a. intrusion into private affairs.
b. public disclosure of private facts.

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Chapter 08—TORTS
c. misappropriation of another's name.
d. defamation of privacy.
ANSWER: d

40. Dan is a famous syndicated radio personality for BratRadio. He has a distinctive voice and manner of speaking.
MoreTalk, BratRadio’s competitor hires Gordon, who sounds nearly identical to Dan, to host a competing show.
MoreTalk encourages Gordon to imitate Hugh as closely as possible while on the air. MoreTalk is most likely to be liable
for:
a. Conversion
b. Defamation
c. Appropriation
d. Wrongful interference with a business relationship
ANSWER: c

41. 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:
a. Malice
b. Contract interference
c. Disparagement
d. Defamation
ANSWER: c

42. Oral or spoken defamation is:

a. slander.
b. libel.
c. privilege.
d. perjury.
ANSWER: a

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

a. the statement is made to only a few people.
b. libel exists.
c. a witness testifies in a court proceeding.
d. no intent to harm is present.
ANSWER: c

44. Slander of title and trade libel are collectively known as product __________.
a. Divestiture
b. Disparagement
c. Dilution
d. Diversion
ANSWER: b

45. Maria intentionally attempts to have Patty break a contract with Alfred. Maria will be liable under which theory of
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Chapter 08—TORTS
tort?
a. Libel
b. product disparagement
c. contract interference
d. intentional infliction of emotional distress
ANSWER: c

46. 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:
a. 65% of the damages he seeks from Tina
b. 50% of the damages he seeks from Tina
c. Nothing at all from Tina
d. 100% of the damages he seeks from Tina
ANSWER: c

47. Trespass to personal property requires:

a. the personal property to be connected to real property.
b. destroying the personal property.
c. the invasion of personal property regardless of whether the owner grants permission.
d. the invasion of personal property without the permission of the owner.
ANSWER: d

48. The widest range of tort liability arises in the area of:
a. negligence.
b. absolute liability.
c. violation of statute.
d. assumption of risk.
ANSWER: a

49. The degree of care required of a person is:

a. that degree of care the person exercised in the situation at hand.
b. that degree of care an extraordinary person would exercise under similar circumstances.
c. that degree of care a reasonably prudent person would exercise under similar circumstances.
d. that degree of care professionals exercise in similar situations.
ANSWER: c

50. Professionals have a duty to perform their jobs at the level of:
a. a reasonable person.
b. a reasonable professional in the same business.
c. an extraordinarily careful person.
d. an extraordinary person.
ANSWER: b

51. Comparative negligence:

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Chapter 08—TORTS
a. has been rejected by most of the states.
b. allows a comparison of negligence between plaintiff and defendant.
c. only applies when the plaintiff has signed a release.
d. is a bar to recovery under common law.
ANSWER: b

52. 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?
a. criminal
b. contributory
c. personal
d. prejudicial
ANSWER: b

53. What type of damages are recoverable when the defendant’s tortious conduct is accompanied by fraud, malice, or
willful or wanton conduct?
a. compensatory
b. consequential
c. nominal
d. punitive
ANSWER: d

54. The concept of immunity from liability means that:

a. one who harms another can be held liable only for voluntary acts.
b. certain persons are not subject to tort liability.
c. one who harms another without intending to do so is not subject to tort liability.
d. one who harms a child can never be sued by the parents of the injured child.
ANSWER: b

55. 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.
a. actual causation.
b. proximate causation.
c. but for causation.
d. the Palsgraf standard.
ANSWER: b

Essay

56. 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
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Andersons Business Law and the Legal Environment Standard Volume 23rd Edition Twomey Test Ba

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Chapter 08—TORTS
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.
ANSWER: Questions of contributory negligence, comparative negligence and assumption of the risk are primarily
questions for the jury to resolve based on the unique facts and circumstances of the case presented. If the state
in which this case is tried is a contributory negligence jurisdiction, the jury has the right to conclude, based on
the evidence, that Laws was contributorily negligent in not leaving the outside light on, knowing that certain
areas of the steps would not support his weight, and that such areas would be difficult (if not impossible) to
identify in the dark. Should the jury conclude that Laws was contributorily negligent, Laws recovers nothing
from Sutton. If the case is tried in a comparative negligence jurisdiction, the jury might choose to apportion
fault between Sutton (the defendant) and Laws (the plaintiff), and reduce the damage award by the percentage
that Laws was responsible for his injuries due to his own negligence. In either a contributory or comparative
negligence jurisdiction, Sutton could raise the “assumption of the risk” argument against Laws, arguing that
the plaintiff “actively, voluntarily and willingly” proceeded in the face of danger knowing the risk, and that
such assumption of the risk should serve to bar completely the plaintiff’s recovery. Again, the resolution of
this case depends on whether the case is tried in a contributory or comparative negligence jurisdiction, and the
jury’s analysis of the factual evidence presented at trial.

57. 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?
ANSWER: Janet might be able to recover. The right of privacy protects against giving unnecessary publicity to personal
and private matters of the plaintiff's life, including financial status. However, there is no invasion of privacy
when there is a legitimate business interest in making the information known. In this case, it appears that the
private information included in the article concerning Janet's financial status and inability to continue in her
profession is not necessary to the article.

58. John was driving his car in a careless way, failing to drive as a reasonably prudent person would under the driving
conditions. Ramona was crossing the street in a careless way, failing to cross as a reasonably prudent person would. John
struck and injured Ramona with the car John was driving. At trial, it was determined that John was 80 percent at fault and
that Ramona was 20 percent at fault. The injuries sustained amounted to $100,000. Explain how much, if any, recovery
Ramona would receive in a state that applies the contributory negligence rule. Do the same thing for a state that applies
the comparative negligence rule.
ANSWER: In a contributory negligence jurisdiction, Ramona would recover nothing, since the doctrine of contributory
negligence holds that in order for a plaintiff to recover, the plaintiff must be entirely free from any negligence
that contributed to the injury. Under comparative negligence, Ramona would recover 80 percent of $100,000,
or $80,000; although Ramona's negligence would reduce the amount of her recovery, it would not preclude her
recovery. In other words, whatever amount of the injury is held to be caused by Ramona will be deducted from
the total amount of the damage award.

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