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10 Key 1. A tort is any civil wrong other than a breach of contract. Answer: True The word tort means "wrong." Legally, a tort is a civil wrong other than a breach of contract. 2. Rita was drunk while driving her car and she hit Ana's car. This makes Ana a tortfeasor. Answer: False One who commits a tort is a tortfeasor. 3. A defendant can be found liable for a strict liability tort even though the defendant neither intentionally nor negligently caused the harm. Answer: True Strict liability torts impose legal responsibility for injury even though a liable party neither intentionally nor negligently causes the injury. 4. One is not liable for another's injury unless he or she has a duty toward the person injured. Answer: True One is not liable for another's injury unless he or she has a duty toward the person injured. 5. An assault is an illegal touching of another. Answer: False An assault is the placing of another in immediate apprehension for his or her physical safety. 6. Touching can constitute a battery only when it causes physical injury. Answer: False The "touching" that constitutes part of a battery need not cause physical injury. 7. You can commit a civil assault without committing a civil battery. Answer: True One can commit a civil assault without committing a civil battery. For example, a store manager who threatens an unpleasant customer with a wrench, for example, is guilty of assault. Actually hitting the customer with the wrench would constitute battery. 8. False imprisonment involves intentional unjustified confinement of a nonconsenting person. Answer: True Claims of false imprisonment stem most frequently in business from instances of shoplifting. This tort is the intentional unjustified confinement of a nonconsenting person. 9. Malicious prosecution arises from causing someone to be arrested criminally without proper grounds. Answer: True Malicious prosecution arises from causing someone to be arrested criminally without proper grounds. 10. The tort of trespass arises only when a defendant damages the property of the plaintiff. Answer: False To enter another's land without consent or to remain there after being asked to leave constitutes the tort of trespass. A variation on the trespass tort arises when something (such as particles of pollution) is placed on another's land without consent. 11. News media are protected under the First Amendment when they publish information about public figures and public officials. Answer: True The news media are protected under the First Amendment when they publish information about public officials and other public figures. 12. Your roommate is away for the weekend and you take her Accounting 101 book to study in the library. You have not taken her permission but you intend to return the book before she returns so you don't think that it would matter. While you are in the library, the book is stolen. In this situation, your roommate can sue you for battery. Answer: False Conversion is the wrongful exercise of dominion (power) and control over the personal (nonland) resources that belong to another. Failing to return something properly acquired at the designated time constitutes conversion. 13. You are guilty of the tort of conversion if you purchase stolen goods, even if you didn't know that they are stolen. Answer: True Conversion is the wrongful exercise of dominion (power) and control over the personal (nonland) resources that belong to another. Purchasing—even innocently—something that has been stolen is considered conversion. 14. Defamation is the publication of untrue statements about another that hold up that individual's character or reputation to contempt and ridicule. Answer: True Defamation is the publication of untrue statements about another that hold up that individual's character or reputation to contempt and ridicule. 15. Written defamation, or defamation published over radio or television, is termed slander. Answer: False Written defamation, or defamation published over radio or television, is termed libel. 16. If a professor, during a class, accuses a student of being a thief when in truth the student had never stolen anything in his life, the professor is guilty of libel. Answer: False If defamation is oral, it is called slander. 17. Individuals as well as corporations are allowed to sue for defamation. Answer: True Individuals as well as corporations are allowed to sue for defamation. 18. Defamatory remarks are presumed false unless the defendant can prove their truth. Answer: True Defamatory remarks are presumed false unless the defendant can prove their truth. 19. Injurious falsehood involves the publication of untrue statements that disparage the business owner's product or its quality. Answer: True Injurious falsehood, sometimes called trade disparagement, is a common business tort. It consists of the publication of untrue statements that disparage the business owner's product or its quality. 20. Injurious falsehood is also called false imprisonment. Answer: False Injurious falsehood, sometimes called trade disparagement, is a common business tort. 21. Negligence takes place when one who has a duty to act reasonably acts carelessly and causes injury to another. Answer: True Negligence takes place when one who has a duty to act reasonably acts carelessly and causes injury to another. 22. The negligence of professionals is called malpractice. Answer: True The negligence of professionals is called malpractice. 23. "Proximate cause" represents the proposition that those engaged in activity are legally liable only for the foreseeable risk that they cause. Answer: True "Proximate cause" represents the proposition that those engaged in activity are legally liable only for the foreseeable risk that they cause. 24. The defense comparative negligence absolutely bars the plaintiff from recovery if the plaintiff's own fault contributed to the injury. Answer: False Under comparative principles, the plaintiff's contributory negligence does not bar recovery. It merely compares the plaintiff's fault with the defendant's and reduces the damage award proportionally. 25. It is important to a successful assumption-of-the-risk defense that the assumption was voluntary. Answer: False It is important to a successful assumption-of-the-risk defense that the assumption was voluntary. 26. For a successful assumption-of-the-risk defense, assumption of the risk may be implied from the circumstances, or it can arise from an express agreement. Answer: True Assumption of the risk may be implied from the circumstances, or it can arise from an express agreement. 27. Strict liability is a catchall phrase for the legal responsibility for injury-causing behavior that is either intentional or negligent. Answer: False Strict liability is a catchall phrase for the legal responsibility for injury-causing behavior that is neither intentional nor negligent. 28. Meeting federal standards immunizes manufacturers from strict products liability suits. Answer: False Most courts have ruled that federal standards only set a minimum requirement for safe design and that meeting federal standards does not automatically keep a manufacturer from being sued for strict products liability. 29. The majority of states impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons. The acts imposing this liability are called dram shop acts. Answer: True The majority of states impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons. The acts imposing this liability are called dram shop acts. 30. Compensatory damages are sometimes called exemplary damages. Answer: False Punitive damages are sometimes called exemplary damages. 31. Which of the following is true of tort law? A. The law of tort itself is criminal rather than civil. B. Tort law typically deals with breach of contract. C. It protects people from being tried twice for the same crime. D. It provides compensation to those workers who have been injured on the job. E. It sets limits on how people can act and use their resources. Answer: E. It sets limits on how people can act and use their resources. The word tort means "wrong." Legally, a tort is a civil wrong other than a breach of contract. Legal wrongs inflicted on the resources of others may be crimes as well as torts but the law of tort itself is civil rather than criminal. Tort law sets limits on how people can act and use their resources so they do not violate the right others have to their resources. 32. ___________ is usually defined as the desire to bring about certain results. A. Tort B. Crime C. Intent D. Negligence E. Duty Answer: C. Intent Intent is usually defined as the desire to bring about certain results. 33. Tony has admired Ann for months, but he has never talked to her. One day, Tony walks up to Ann and gives her a hug and a kiss. Ann is angry and decides to sue Tony. Tony has committed the tort of: A. duress. B. conversion. C. battery. D. negligence. E. fraud. Answer: C. battery. A battery is an illegal touching of another. As used here, "illegal" means that the touching is done without justification and without the consent of the person touched. 34. Brooke has fallen asleep on the beach. Eight guys get into a circle around her and one gets real close and screams, "snake" into her ear. When she jumps up screaming in fright, they all start laughing at her. What tort have they committed? A. Battery B. Assault C. Disparagement D. Defamation E. Conversion Answer: B. Assault An assault is the placing of another in immediate apprehension for his or her physical safety. 35. Teresa, the manager at Victor Co., warned Gray, who has performed poorly throughout the year that he would lose his job if he did not perform well. Later that evening, Gray is angry with Teresa and sends her an e-mail from an anonymous address, threatening to harm her when she is on her way home tomorrow. The next day, Gray realizes his mistake, and attempts to apologize to Teresa, who was petrified after reading the mail and spent the entire night in office. Teresa can sue Gray for: A. assault. B. battery. C. conversion. D. false arrest. E. fraud. Answer: A. assault. An assault is the placing of another in immediate apprehension for his or her physical safety. 36. During an ice hockey game, Claude silently skates up to Gordie from behind and hits him over the head with his stick. Claude is promptly thrown out of the game and suspended by the league. Gordie is not injured because he is wearing a helmet. If Gordie sues Claude, Claude would be guilty of: A. assault. B. battery. C. intentional infliction of mental distress. D. undue influence. E. invasion of privacy. Answer: B. battery. A battery is an illegal touching of another and the "touching" that constitutes part of a battery need not cause physical injury. 37. Frequent, abusive, threatening phone calls by creditors are most likely to provide the basis for a claim of __________. A. invasion of privacy B. malicious representation C. misrepresentation D. false imprisonment and malicious prosecution E. intentional infliction of mental distress Answer: E. intentional infliction of mental distress Intentional infliction of mental distress is a battery to the emotions. It arises from outrageous, intentional conduct that carries a strong probability of causing mental distress to the person at whom it is directed. 38. Statner is going through Ray's personal files and finds out that his colleague Ray is being treated to cure depression by a therapist. While Ray has kept this as a secret due to personal reasons, Statner has informed everyone in office about Ray's condition. As a result, Ray faces sympathetic and discriminatory attitudes at work. He decides to sue Statner. Which of the following is true in this case? A. Statner has not committed a tort for which Ray can sue. B. Statner has interfered intentionally with Ray's contractual obligations to the company. C. Statner can be sued for invasion of privacy. D. Statner can be sued for assault and battery. E. Statner has defamed Ray, for which he will be held liable, and will have to pay damages. Answer: C. Statner can be sued for invasion of privacy. A defendant's public disclosure of highly objectionable, private information about the plaintiff gives rise to the invasion of privacy tort. A showing of such facts can be the basis for a cause of action, even if the information is true. 39. Many advertisers and marketers have been required to pay damages to individuals when pictures of them have been used without authorization to promote products. In this situation, which of the following torts was committed by the advertisers and marketers? A. Assault B. Defamation C. Battery D. Invasion of privacy E. Malicious prosecution Answer: D. Invasion of privacy Before using anyone's picture or name, an advertiser must obtain a proper release from that person else the advertiser can be sued for invasion of privacy. 40. False arrest is also called: A. tresspass. B. battery. C. invasion of privacy. D. malicious prosecution. E. assault. Answer: D. malicious prosecution. The tort of malicious prosecution is often called false arrest. Malicious prosecution arises from causing someone to be arrested criminally without proper grounds. 41. The intentional unjustified confinement of a non-consenting person is known as: A. invasion of privacy. B. false imprisonment. C. battery. D. malicious prosecution. E. defamation. Answer: B. false imprisonment. Claims of false imprisonment stem most frequently in business from instances of shoplifting. This tort is the intentional unjustified confinement of a non-consenting person. 42. Which of the following torts arises from causing someone to be arrested criminally without proper grounds? A. Invasion of privacy B. Battery C. Assault D. Malicious prosecution E. Trespassing Answer: D. Malicious prosecution Malicious prosecution arises from causing someone to be arrested criminally without proper grounds. 43. To enter another's land without consent or to remain there after being asked to leave constitutes the tort of _________. A. assault B. malicious prosecution C. battery D. trespass E. invasion of privacy Answer: D. trespass To enter another's land without consent or to remain there after being asked to leave constitutes the tort of trespass. 44. Customers refusing to leave a store after being asked to do so is an example of ________. A. trespass B. assault C. invasion of privacy D. conversion E. battery Answer: A. trespass Customers refusing to leave a store after being asked to do so is an example of trespass. 45. Mega-mart suspects Roberta of shoplifting, solely because she is dressed differently than their typical customer, so store officials detain her. They find nothing improper in Roberta's belongings. Roberta most likely will file a ___________ lawsuit against Mega-store. A. malicious prosecution B. battery C. false imprisonment D. trespass E. invasion of privacy Answer: C. false imprisonment The unnecessary use of force, lack of reasonable suspicion of shoplifting, or an unreasonable length of confinement can cause a merchant to lose the statutory privilege of detaining a person on the suspicion of shoplifting. The improperly detained customer is then able to sue for false imprisonment. 46. Oral defamation is called: A. gossip. B. slander. C. libel. D. hearsay. E. assault. Answer: B. slander. If defamation is oral, it is called slander. 47. Written defamation, or defamation published over radio or television, is termed _________. A. hearsay B. libel C. battery D. slander E. assault Answer: B. libel Written defamation, or defamation published over radio or television, is termed libel. 48. Which of the following statements is true concerning defamation? A. Written defamation is called slander. B. If defamation is oral, it is called libel. C. Corporations are not allowed to sue for defamation. D. Defamation suits can be brought by employees against current or former employers. E. News media can be sued for defamation even if the reported statements are true. Answer: D. Defamation suits can be brought by employees against current or former employers. Nearly one-third of all defamation suits are currently brought by employees against present and former employers. Often these suits arise when employers give job references on former employees who have been discharged for dishonesty. 49. The wrongful exercise of dominion (power) and control over the personal (nonland) resources that belong to another is known as _________. A. trespassing B. disparagement C. conversion D. invasion E. defamation Answer: C. conversion Conversion is the wrongful exercise of dominion (power) and control over the personal (nonland) resources that belong to another. 50. Which of the following is an example of conversion? A. An employee borrowing the annual report from the firm's library. B. Donald returns Larry's car in the same condition as it was in when he had borrowed it. C. Scott publishes untrue statements about his manager in the company's newsletter. D. Ruth purchases a cell phone from Sandra, not knowing that Sandra stole the cell phone. E. Donna has left her horse in Terry's care, who cares for it and rides it without Donna's permission. Answer: D. Ruth purchases a cell phone from Sandra, not knowing that Sandra stole the cell phone. Conversion often arises in business situations. Stealing something from an employer is conversion, as is purchasing—even innocently—something that has been stolen. 51. John rents a movie from Video Rental Co. but instead of returning it he lends it to Sam in whose care the movie is destroyed. What tort did John commit? A. Conversion B. Theft C. Battery D. Trespass E. Invasion of privacy Answer: A. Conversion Failing to return something properly acquired at the designated time, delivering something to the wrong party, and destruction or alteration of what belongs to another are all conversions when a deprivation of ownership is serious or long-lived. Even if you intend to return something, if you have converted it you are absolutely liable for any damage done to it. 52. If an employee steels something from his employer then he is most likely to be prosecuted for the tort of ________. A. conversion B. assault C. trespass D. battery E. invasion of privacy Answer: A. conversion Conversion is the wrongful exercise of dominion (power) and control over the personal (nonland) resources that belong to another. Stealing something from an employer is conversion. 53. A ________ is an intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury. A. negligence B. fraud C. conversion D. battery E. assault Answer: B. fraud A fraud is an intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury. Perhaps the most common intentional cyber related tort is fraud. The Federal Trade Commission has released a list of such frauds or scams that include a variety of pyramid schemes, fraudulent auctions, deceptive travel offers, sale of unmiraculous "miracle" products, health care rip-offs, phony credit card charges, and work-at-home frauds. 54. Injurious falsehood is sometimes called: A. false imprisonment. B. duress. C. trade disparagement. D. trade discouragement. E. battery. Answer: C. trade disparagement. Injurious falsehood, sometimes called trade disparagement, is a common business tort. 55. Which of the following torts consists of the publication of untrue statements that disparage a business owner's product or its quality? A. Assault B. False imprisonment C. Trespass D. Battery E. Injurious falsehood Answer: E. Injurious falsehood Injurious falsehood consists of the publication of untrue statements that disparage a business owner's product or its quality. 56. Which of the following torts takes place when one who has a duty to act reasonably acts carelessly and causes injury to another? A. Negligence B. Assault C. Trespass D. Battery E. Defamation Answer: A. Negligence Negligence takes place when one who has a duty to act reasonably acts carelessly and causes injury to another. 57. The negligence of professionals is called ________. A. trespass B. malpractice C. battery D. fraud E. assault Answer: B. malpractice In negligence cases involving professionals, the negligence standard applied is that of the reasonable professional. The negligence of professionals is called malpractice. 58. Which of the following is an example of wilful and wanton negligence? A. An employer intentionally induces the employees of another company to break the employment contract. B. A politician delivers a speech defaming a public figure using false statements about that person. C. A newspaper publishes articles about the personal life of a celebrity. D. A drunk driver meets with an accident during which the passengers in the car get injured. E. A doctor accidently injects a patient with a wrong medicine, causing the patient to suffer adverse medical reactions. Answer: D. A drunk driver meets with an accident during which the passengers in the car get injured. Negligent injuries inflicted by drunk drivers show willful and wanton negligence. Although this does not reveal intent, it does show an extreme lack of due care. 59. In a negligence suit, a plaintiff must prove that: A. the defendant actually caused the injury. B. the defendant could have caused the harm. C. the plaintiff knew the potential for injury. D. the defendant has published untrue statements about the plaintiff. E. the defendant had a malicious intent. Answer: A. the defendant actually caused the injury. In a negligence suit the plaintiff must prove that the defendant actually caused the injury. The courts term this cause in fact. 60. Which of the following terms represents the proposition that those engaged in an activity causing negligence are legally liable only for the foreseeable risk that they cause? A. Actual cause B. Proximate cause C. Unforseeable cause D. Negligent cause E. Injurious cause Answer: B. Proximate cause Proximate cause is, perhaps, more accurately termed legal cause. It represents the proposition that those engaged in activity are legally liable only for the foreseeable risk that they cause. 61. Which of the following defenses absolutely bars a plaintiff from recovery? A. Comparative negligence B. Contributory negligence C. Partial negligence D. Proximate negligence E. Actual negligence Answer: B. Contributory negligence As originally applied, the contributory negligence defense absolutely barred the plaintiff from recovery if the plaintiff's own fault contributed to the injury "in any degree, however slight." 62. Which of the following is most likely to occur when the proposition of contributory negligence is applied? A. A plaintiff can recover both punitive and actual damages. B. Damages are awarded in proportion to the plaintiff's and the defendant's fault. C. The plaintiff does not recover any damages due to his/her fault that caused the injury. D. Damages are awarded to a plaintiff only if the plaintiff can prove that he or she used proper care for his or her own safety. E. A plaintiff is awarded only punitive damages in case contributory negligence is established. Answer: C. The plaintiff does not recover any damages due to his/her fault that caused the injury. As originally applied, the contributory negligence defense absolutely barred the plaintiff from recovery if the plaintiff's own fault contributed to the injury "in any degree, however slight." 63. A mother watches her child play on the street, when the child is hit by a car while playing, and the mother files a lawsuit for damages against the driver. Which of the following is true of this case? A. The mother can claim punitive and actual damages, since the driver is liable for willful and wanton negligence. B. The mother is liable for punitive damages only and the driver is liable for negligence. C. The mother can claim a part of damages from the driver under comparative negligence. D. The driver is liable for assault and battery, and the mother can claim actual damages. E. The driver will be held liable for proximate causation of the accident. Answer: C. The mother can claim a part of damages from the driver under comparative negligence. Under comparative principles, the plaintiff's contributory negligence does not bar recovery. It merely compares the plaintiff's fault with the defendant's and reduces the damage award proportionally. 64. Which of the following is true of comparative negligence? A. It completely bars the plaintiff from recovering any damages. B. It allows the plaintiff and the defendant to settle the dispute through arbitration. C. It allows the plaintiff to claim only putive damages but not actual damages. D. It allows the plaintiff to claim damages only if a proximate causation is established. E. It compares the plaintiff's and the defendant's fault and reduces the damage award proportionally. Answer: E. It compares the plaintiff's and the defendant's fault and reduces the damage award proportionally. Under comparative principles, the plaintiff's contributory negligence does not bar recovery. It merely compares the plaintiff's fault with the defendant's and reduces the damage award proportionally. 65. In the case contributory negligence, the defense of arises from the plaintiff's knowing and willing undertaking of an activity made dangerous by the negligence of another. A. cause in fact B. statute of repose C. comparative negligence D. assumption-of-the-risk E. contractual obligation Answer: D. assumption-of-the-risk If contributory negligence involves failure to use proper care for one's own safety, the assumption- of-the-risk defense arises from the plaintiff's knowing and willing undertaking of an activity made dangerous by the negligence of another. 66. Antonio and Fred were playing soccer when Fred accidently kicks Antonio's shin instead of the football during a pass. Antonio is seriously injured and will not be able to play for at least six months. If Antonio sues Fred, which of the following defenses can Fred use? A. Cause in fact B. Assumption-of-the-risk C. Statute of response D. Strict liability E. False imprisonment Answer: B. Assumption-of-the-risk If contributory negligence involves failure to use proper care for one's own safety, the assumption- of-the-risk defense arises from the plaintiff's knowing and willing undertaking of an activity made dangerous by the negligence of another. 67. Which of the following terms represents the legal responsibility for injury-causing behavior that is neither intentional nor negligent? A. Strict liability B. Battery C. Assumption-of-the-risk D. Comparative fault E. Cause in fact Answer: A. Strict liability Strict liability is a phrase used for the legal responsibility for injury-causing behavior that is neither intentional nor negligent. 68. Kylie hosts a party inviting her best friend Minnie as well. Minnie is aware that Kylie has a pet dog, and is also friendly with it. However, during the party, Kylie's dog attacks Minnie, injuring her. Minnie holds Kylie responsible for the attack and files a suit against her. Which of the following defenses can Kylie use against the suit? A. Assumption-of-the-risk B. Statute of response C. Strict liability D. Willful and wanton negligence E. False imprisonment Answer: C. Strict liability Strict liability is a catchall phrase for the legal responsibility for injury-causing behavior that is neither intentional nor negligent. 69. Strict products liability applies to which of the following parties? A. Medical practitioners B. Commercial sellers C. Accountants D. Media personnel E. Attorneys Answer: B. Commercial sellers A major type of strict tort liability is strict products liability, for the commercial sale of defective products. In most states any retail, wholesale, or manufacturing seller who sells an unreasonably dangerous defective product that causes injury to a user of the product is strictly liable. 70. Suppliers of defective parts can be prosecuted on the basis of . A. assumption-of-the-risk B. trespass C. compensatory negligence D. assault E. strict products liability Answer: E. strict products liability Suppliers of defective parts can be prosecuted on the basis of strict products liability. 71. Which of the following defenses used in the case of strict product liability states that the product met the prevailing industry standards at the time of its manufacture? A. State-of-the-art B. Statute of repose C. Contributory negligence D. Comparative negligence E. Assumption-of-the-risk Answer: A. State-of-the-art The "state-of-the-art defense used in the case of strict product liability states that the product met the prevailing industry standards at the time of its manufacture tort reforms proposed or passed by the states includes Providing for the presumption of reasonableness defense in product design cases in which the product meets the state-of-the-art; that is, the prevailing industry standards at the time of product manufacture. Refer to sidebar 10.10. 72. A statute of __________ specifies a period of time following a product sale after which a plaintiff would lose their right to bring a law suit for product related injuries. A. repose B. repast C. repentance D. reproach E. reform Answer: A. repose A statute of repose specifies a period (such as 25 years) following product sale after which plaintiffs would lose their rights to bring suits for product-related injuries. Refer to sidebar 10.10. 73. The majority of states impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons. The acts imposing this liability are called ___________ acts. A. contributory negligence B. dram shop C. conversion D. false imprisonment E. statute of response Answer: B. dram shop 74. Punitive damages are also called _______ damages. A. exemplary B. compensatory C. medical D. extensive E. contributory Answer: A. exemplary Because they make an example out of the defendant, punitive damages are sometimes called exemplary damages. 75. Which of the following is true of punitive damages? A. Juries award punitive damages to all cases tried and proven for negligence. B. The key to award punitive damages is the degree of suffering by the plaintiff. C. Punitive damages are awarded if the motive of the defendant is proved to be malicious or fraudulent. D. They are also called complementary damages. E. They are awarded only in the case of assault. Answer: C. Punitive damages are awarded if the motive of the defendant is proved to be malicious or fraudulent. The key to the award of punitive damages is the defendant's motive. Usually the motive must be "malicious," "fraudulent," or "evil." 76. Name and explain the three main categories of torts. Answer: The three main categories of torts are intentional torts, negligent torts and strict liability. Intentional torts involve deliberate actions that cause injury. Negligence torts involve injury following a failure to use reasonable care. Strict liability torts impose legal responsibility for injury even though a liable party neither intentionally nor negligently causes the injury. 77. In a fit of a store manager hits a customer with a wrench. Discuss the suit the customer can file against the store manager. Answer: The customer can file a lawsuit against the store manager for battery. The store manager will be liable for paying damages to the customer. 78. Discuss the difference between assault and battery. Answer: An assault is the placing of another in immediate apprehension for his or her physical safety. It includes the expectation that one is about to be physically injured. The person who intentionally creates such apprehension in another is guilty of the tort of assault. Many times a battery follows an assault. A battery is an illegal touching of another. As used here, "illegal" means that the touching is done without justification and without the consent of the person touched. 79. Tracy worked as the personal assistant to James, the marketing head of Hector Co. James had proposed marriage to her, which she turned down. An angry James burdened Tracy with a lot of work, humiliated her in meetings, and made offensive advances that made her feel uncomfortable. Tracy became anxious and worrisome, which resulted in constant headaches, and rising blood pressure due to stress. Eventually, James fired her based on inefficiency. Tracy decides to file a lawsuit against James for the humiliation he caused her. Discuss on what grounds Tracy can recover damages from James. Answer: Tracy can file a successful lawsuit against James on grounds of intentional infliction of mental distress. Infliction of mental distress is a battery to emotions. It arises from outrageous, intentional conduct that carries a strong probability of causing mental distress to the person at whom it is directed. Usually, one who sues on the basis of an intentional infliction of mental distress must prove that the defendant's outrageous behavior caused not only mental distress but also physical symptoms. Tracy can prove that the mental distress James inflicted on her caused her headaches and high blood pressure. 80. A journalist of an entertainment magazine enters the home of a celebrity without prior permission in the absence of the celebrity. He searches the house for personal information that would not have been published till now, and that can be his big story for the upcoming issue. The next month, the celebrity reads the article published about his personal life, and sues the journalist for defamation. Considering that the facts published by the journalist are true, analyze how the celebrity can bring a successful lawsuit against the journalist and the magazine. Answer: Truth is an absolute defense against defamation. Hence, if the journalist proves that the information published in the magazine is true, he can escape the lawsuit. The celebrity can, however, sue the journalist on more serious grounds of invasion of privacy and trespassing. The journalist can be held liable for public disclosure of highly objectionable, private information, even if the information is true. The journalist can be sued for intrusion of the celebrity's physical solitude, for searching the house illegally. A suit of trespassing can also be brought against the journalist. The court is likely to pay the celebrity damages for the torts committed by the journalist. 81. Hickory and Ian had been business partners, but have now separated due to a disagreement. Ian, with an intention of taking revenge, spreads rumors about Hickory being a cheat and an unreliable business partner. Analyze how Hickory can sue Ian for spreading rumors. Answer: Hickory can sue Ian for defamation. Defamation is the publication of untrue statements about another that hold up that individual's character or reputation to contempt and ridicule. If defamation is oral, it is called slander. Ian can be held liable for damages to Hickory for oral defamation. 82. A man opening a small business, while applying for a loan, intentionally omits the fact that he declared bankruptcy recently and still has bad debts. The bank makes the loan based on the information provided by the man. What type of tort is committed by the man? Answer: Lying about business assets to get credit or a loan is fraud. Bankruptcy is a material fact on a loan application. As a result of the fraud, the man can be sued for actual and punitive damages, and he can be prosecuted under state criminal statutes. 83. Drake Co. has been trying to convince the employees of Thaproban Lt. to break their contracts with Thaproban and join Drake. Drake has offered the employees an attractive salary and is doing so to create internal problems for Thaproban Co. Discuss which tort can Drake be held liable for. Answer: Drake Co. can be held liable for intentional interference with contractual relations. If employees are under contract to an employer for a period of time, another employer cannot induce them to break their contracts. 84. How does injurious falsehood differ from defamation of character? Answer: Injurious falsehood consists of the publication of untrue statements that disparage the business owner's product or its quality. As a cause of action, injurious falsehood is similar to defamation of character. It differs, however, in that it usually applies to a product or business rather than character or reputation. The requirements of proof are also somewhat different. Defamatory remarks are presumed false unless the defendant can prove their truth. But in disparagement cases the plaintiff must establish the falsity of the defendant's statements. The plaintiff must also show actual damages arising from the untrue statements. 85. A student drove a rental car into Mexico although the lease specifically prohibited cross-border driving. The car was destroyed in an earthquake while it was parked in a parking lot in Mexico City. Discuss the rights of the rental company in this case. Answer: The rental company can sue the student for conversion. Conversion is the wrongful exercise of dominion (power) and control over the personal (nonland) resources that belong to another. In this case, conversion arises from the student's failure to return the car at the designated time, and its destruction in Mexico. 86. Discuss how some torts are crimes, while some are not. Answer: Crimes generally require intent, also called willfulness. The prosecutor has to prove that the defendant intended to break the law. Breaking the law harms or injures people and their property, and the state punishes such behaviors. However, people who have been injured also deserve compensation due to the injury. That is tort law. The most serious torts like assault, battery, conversion, and fraud are all intentional. Hence, they can account for crimes as well as tort. Some torts are accidental and unintentional, like sale of defective product without knowledge of manufacturer or retailer, and accidental boundary crossings. These torts are usually not crimes as well. 87. Explain the tort of false imprisonment. Answer: Claims of false imprisonment stem most frequently in business from instances of shoplifting. This tort is the intentional unjustified confinement of a nonconsenting person. Although most states have statutes that permit merchants or their employees to detain customers suspected of shoplifting, this detention must be a reasonable one. The unnecessary use of force, lack of reasonable suspicion of shoplifting, or an unreasonable length of confinement can cause the merchant to lose the statutory privilege. The improperly detained customer is then able to sue for false imprisonment. 88. Explain the tort of trespass. Answer: To enter another's land without consent or to remain there after being asked to leave constitutes the tort of trespass. A variation on the trespass tort arises when something (such as particles of pollution) is placed on another's land without consent. Although the usual civil action for trespass asks for an injunction to restrain the trespasser, the action may also ask for damages. Union pickets walking on company property (in most instances), customers refusing to leave a store after being asked to do so, and unauthorized persons entering restricted areas are all examples of trespass. Trespass is often a crime as well as a tort. 89. Hagrid and Steward met with an auto accident, which severely injured both parties. The cause of the accident was Hagrid's over speeding and drunken state. Discuss which tort will Hagrid be held liable for, and the damages that Stewart is entitled to. Answer: Stewart can sue Hagrid for willful and wanton negligence. Wilful and wanton negligence is a special type of aggravated negligence. Though Hagrid's intent is not revealed, his extreme lack of care is evident due to his drunken driving. Under the willful and wanton negligence, Stewart can recover punitive as well as actual damages. 90. Explain willful and wanton negligence. Answer: A special type of aggravated negligence is willful and wanton negligence. Although this does not reveal intent, it does show an extreme lack of due care. Negligent injuries inflicted by drunk drivers show willful and wanton negligence. The significance of this type of negligence is that the injured plaintiff can recover punitive damages as well as actual damages. 91. What is proximate cause and how does it affect liability for negligent conduct? Answer: It is not enough that a plaintiff suing for negligence prove that the defendant caused an injury in fact. The plaintiff also must establish proximate causation. Proximate cause is, perhaps, more accurately termed legal cause. It represents the proposition that those engaged in activity are legally liable only for the foreseeable risk that they cause. In its application, foreseeability has come to mean that the plaintiff must have been one whom the defendant could reasonably expect to be injured by a negligent act. Another way of looking at proximate cause is that the injury must be directly caused by the defendant's negligence. 92. What must the plaintiff prove in a negligence case? Answer: To prove a negligence claim, the plaintiff must show a duty of care owed by the defendant, a breach of this duty, the breach of duty caused the harm to the plaintiff, the injury was foreseeable, the defendant was the actual and proximate cause of the plaintiff's harm, and the plaintiff was actually harmed. 93. Explain the doctrine of comparative negligence. Answer: As per the doctrine of comparative negligence, the plaintiff's contributory negligence does not bar recovery. It merely compares the plaintiff's fault with the defendant's and reduces the damage award proportionally. 94. Name and explain the two affirmative defenses to a negligence claim. Answer: The two affirmative defenses to a negligence claim are contributory negligence and assumption of risk. Contributory negligence occurs when the plaintiff helps to cause his own injury through his own negligence. In states that follow contributory negligence the plaintiff is barred from all recovery. The assumption-of-the-risk defense arises from the plaintiff's knowing and willing undertaking of an activity made dangerous by the negligence of another. 95. Peter was riding his motorcycle when he ran into a pothole on the highway and met with an accident. He decided to sue the contractor and the department responsible for building roads for the harm caused to him. Discuss the case. Answer: Peter can sue the parties responsible for the bad road for negligence on the basis of proximate cause. This is possible since the contractor and officials involved knew that a pothole on a highway posed a foreseeable risk for motorists. The court is likely to hold the defendant parties liable for Peter's accident. Also, this is a case where more than one tortfeasors are involved. Peter can claim damages from either both the parties, or from one of them. 96. Regarding strict products liability, name and explain the two types of product defects that give rise to liability. Answer: The two types of product defects that give rise to liability are production defects and design defects. Production defects arise when products are not manufactured to a manufacturer's own named standards. Design defects occur when a product is manufactured according to the manufacturer's standards but causes injury because of a dangerous and unsafe design. 97. When does a strict products liability arise? Answer: Strict products liability is applicable for commercial sale of defective products. In most states any retail, wholesale, or manufacturing seller who sells an unreasonably dangerous defective product that causes injury to a user of the product is strictly liable. Strict products liability applies only to "commercial" sellers, those who normally sell products like the one causing injury, or who place them in the stream of commerce. Commercial sellers include retailers, wholesalers, and manufacturers of a product. Also included are suppliers of defective parts and companies that assemble a defective product. Strict liability only applies to the sale of unreasonably dangerous defective products. 98. What is the dram shops act? Answer: Many states impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons. The acts imposing this liability are called dram shop acts. Because of the public attention given in recent years to intoxicated drivers, there has been a tremendous increase in dram shop act cases. 99. When are punitive damages applicable? Answer: Punitive damages are awarded to punish defendants for committing intentional torts or for negligent behavior considered ‘gross' or ‘willful and wanton'. The defendant's motive is the key to award punitive damages. Usually the motive must be "malicious," "fraudulent," or "evil." Increasingly, punitive damages are also awarded for dangerously negligent conduct that shows a conscious disregard for the interests of others. These damages punish those who commit aggravated torts and act to deter future wrongdoing. Because they make an example out of the defendant, punitive damages are sometimes called exemplary damages. 100. What are compensatory damages? Answer: Most damages awarded in tort cases compensate the plaintiff for injuries suffered. The purpose of damages is to make the plaintiff whole again, at least financially. There are three major types of loss that potentially follow tort injury and are called compensatory damages. They are: • Past and future medical expenses. • Past and future economic loss (including property damage and loss of earning power). • Past and future pain and suffering. Compensatory damages may also be awarded for loss of limb, loss of consortium (the marriage relationship), and mental distress. These awards measure jury sympathy as much as they calculate compensation for any financial loss. Test Bank for The Legal and Regulatory Environment of Business O. Lee Reed, Marisa Pagnattaro, Daniel Cahoy, Peter Shedd, Jere Morehead 9780073524993, 9780077437336, 9781260161793
