Law for Business 12th Edition By A. James Barnes – Test Bank

Law for Business 12th Edition By A. James Barnes – Test Bank Description INSTANT DOWNLOAD WITH ANSWERS Law for Business 12th Edition By A. James Barnes – Test Bank Chapter 06 Intentional Torts True / False Questions 1 Injury in tort can include such intangible harms as emotional distress. . True False 2 Intentional torts are both civil and criminal in nature. . True False 3 The plaintiff’s burden of proof in a tort case is identical to that of a criminal case. . True False One can commit an intentional tort with the conscious desire to cause 4 harm or with the knowledge that harm is substantially certain to result. . True False It is not necessary for a defendant to touch a plaintiff’s body in order to be 5 liable for battery. . True False Consent can be a defense to battery only if the consent is freely and 6 intelligently given. . True False Assault is an intentional, unconsented-to touching that is harmful or 7 offensive. . True False In order to keep Jamila from leaving the house, Sabah locked the front 8 door of her house but forgot to lock the back door. Sabah has falsely . imprisoned Jamila. True False 9 A defendant’s conduct must be outrageous in order to be found guilty of . intentional infliction of emotional distress. True False 10 Libel refers to acts of oral defamation by a malicious agent. . True False 11 Truth is not a defense to a defamation action. . True False In cases of defamation, defendants are not liable if the statements they 12 uttered were true. . True False Using a person’s name or likeness for commercial purposes without that 13 person’s consent is a form of invasion of privacy. . True False Franco takes a shortcut across Simone’s yard on his way to school. 14 Even if Simone gives Franco permission to use her yard as a shortcut, . Franco has still trespassed on Simone’s property. True False Use of force to drive away a person’s customers or employees leads to 15 a tort called disparagement. . True False Multiple Choice Questions Compensatory damages are also known as: A. actual damages. 1 B. punitive damages. 6 . C. nominal damages. D. statutory damages. are used to punish the defendant and deter the defendant and others from repeating behavior that is particularly offensive. A. Punitive damages 1 7 B. Actual damages . C. Compensatory damages D. Nominal damages Which of the following constitutes the elements of an intentional tort? 1 A. Intent and harm to another person or property 8 . B. Intent and harm to another person or property and violation of a statute C. Intent and violation of a statute D. Violation of a statute and harm to another person or property The plaintiff’s burden of proof in a tort case is proof by a preponderance of the evidence, which is applied in all civil cases, in which the defendant’s: A. life may be at stake. 1 9 B. liberty may be at stake. . C. money is at stake. D. criminal activities are at stake. Harry snatched Kristina’s purse off her shoulder while she was walking down the street. She, with the help of few others, produced him before court. Which of the following torts could Kristina prove in a lawsuit against Harry? 2 0 A. Assault . B. Battery C. Defamation D. Disparagement Loud Larry is a popular talk show in which the host, Larry, likes to take a confrontational approach to interviewing his guests. Larry is a smoker. He invites Alice, a well-known anti-smoking advocate, to be on his show. During the course of the interview, Larry attempts to demonstrate the harmless effects of passive smoking by blowing smoke directly at Alice’s face even after she resisted. Which of the following is most likely to be true if Alice decides to press charges against Larry? 2 A. Larry may be liable for battery. 1 . B. Larry will not be liable for battery because he did not touch her body. C. Larry may be liable for false imprisonment. D. Larry will be liable for defamation. Esther is upset with her roommate Julio because he refuses to clean up after himself. In a fit of rage, Esther tries to hit him on his head but misses. At the time, Julio is turned away from Esther and is completely 2 unaware that she tried to hit him. Under these circumstances, . 2 . A. Esther is liable only for battery B. Esther is liable only for assault C. Esther is liable neither for battery nor assault D. Esther is liable for both battery and assault Seth was shopping at a local music store looking for a CD, when he suddenly remembered that he had an appointment with his math professor. He pulled his calendar out of his backpack only to discover that he was late for the appointment. Seth quickly put the calendar back into his backpack and hurried out of the store. As he made his exit from the store, a security guard asked Seth to accompany him to an office at the back of the store to which he consented. Once there, in private, the guard quickly searched Seth and his backpack thinking him to be a shoplifter, but found nothing. The whole incident took less than three minutes. 2 Which of the following is most likely to be true regarding this incident? 3 A. Seth has enough evidence against the store to sue them for defamation. . B. Seth has enough evidence against the store to sue them for false imprisonment, emotional distress, and batte C. If the store belongs to a state that allows conditional privilege to store owners, the store can stop persons it fe D. The store has no conditional privileges to stop persons it feels are shoplifting, but it is liable for punitive dama The tort of false imprisonment protects: 2 A. the right to life. 4 . B. only the freedom of movement. C. mental and physical interests. D. only the freedom from knowledge of confinement. Which of the following denotes an injury to a person’s reputation? A. Disparagement 2 B. Defamation 5 . C. Battery D. Malice Dr. Reilly is a neurosurgeon. He does an interview in a talk show about his occupation and his field. Dr. Reilly goes on to say how Phil Donrey, a famous natural healer who helps people through his Ayurvedic methods, is bogus and how there is no science or logic behind it. For which of the following reasons can Phil Donrey sue Dr. Reilly? 2 6 A. Libel . B. Invasion of privacy C. Conversion D. False imprisonment Jean, a restaurant critic, publishes a review in a national daily that the sandwiches served at his friend’s deli are usually not fresh. Tom, the owner of the deli, notices a significant decrease in customers after the review gets published. Although the statement made by Jean in his review is true, Tom wants to sue Jean. Can Tom recover from Jean for defamation? A. Yes, because Jean abused his conditional privilege. 2 7 . B. No, because Jean has the defense of truth. C. Yes, because Jean communicated the statement to third persons and defamed Tom. D. No, because personal finances and disputes cannot be brought to court. 2 Which of the following statements supports the explanation of libel? 8 . A. Broadcast defamation, which involves both oral and visual impressions, is generally considered to be libel. B. Damages are presumed in libel cases even if the statement is not defamatory on its face. C. Oral defamation, causing injury to a person’s reputation and causing that person considerable anguish and har D. Private statements between spouses may be defamatory and will be considered to be libel. Which of the following statements can be conditionally privileged in defamation suits? A. Statements by members of Congress on the floor of Congress 2 9 B. Statements made in the furtherance of legitimate business interests . C. Statements by participants in judicial proceedings D. Private statements between spouses The U.S. Supreme Court requires that actual malice be proved when: A. public officials sue the media for false and defamatory statements. 3 B. public officials are found strictly liable for a crime. 0 . C. individuals sue public figures for assault or battery. D. individuals sue the media for publishing negative statements of their favorite public figures. 3 For a public figure to sue for defamation, the person must prove: 1 . A. actual malice. B. the facts talked about to be controversial. C. unintentional tort. D. negligence. Which of the following is an example of invasion of privacy? A. A tenant continuing to stay in a house even after the lease period has expired 3 B. The act of wrongfully selling or mortgaging the goods of another 2 . C. The act of putting an ad in the paper saying that a person does not pay his or her bills D. A person providing false statements on a seller’s ownership of goods offered for sale 3 Under the tort of invasion of privacy, . 3 . A. some widespread dissemination of information is necessary for liability B. true, but public, facts about a person can be an invasion of privacy C. truth is a defense to “publication of private facts” D. newsworthy items or items of legitimate public interest can be the basis of a successful suit In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that the: A. wrongfully brought suit did not terminate in his favor. 3 4 B. suit was brought with probable cause. . C. suit was brought for an improper purpose. D. wrongfully brought suit terminated in the defendant’s favor. Abuse of process requires: A. that the wrongfully brought suit terminated in the defendant’s favor. 3 B. that there be no probable cause in order for the person wrongfully sued to win. 5 . C. proof that the suit was brought for a primary purpose other than the one for which such proceedings are desi D. proof that there was malice involved in the suit and that the wrongful suit ended in the plaintiff’s favor. 3 Which of the following is a defense to trespass to personal property? 6 . A. Probable cause B. Privilege C. Truth D. Necessity Cybertrespass is commonly considered to be a trespass on: A. personal property. 3 B. real property. 7 . C. physical property. D. real estate. 3 Conversion is defined as: 8 . A. intrusion on a person’s solitude or seclusion and publishing private facts about a person. B. the unlawful taking of or exercise of control over the personal property of another person. C. the intentional confinement of a person for an appreciable time without the person’s consent. D. the use of force to drive away a person’s customers or employees. Which of the following statements is true about conversion and trespass to personal property? A. Trespass to personal property does not require intent, while conversion does. 3 9 B. The degree of interference with another’s property rights acts as a basis for the difference between the two. . C. Consent act is a defense to conversion but will not be considered as a defense for trespass to personal proper D. Courts do not consider extent of harm to property as a difference between conversion and trespass. The tort of disparagement: A. requires proof of actual damage. 4 B. covers true statements about the personal behavior of persons in business. 0 . C. is identical to the tort of slander. D. does not include truth as a common defense. 4 The tort of interference with contract: 1 . A. does not protect the sanctity of private contractual relationships. B. does not apply to a person who intentionally induces a person to breach a contract with another. C. applies to a person who intentionally prevents performance of another person’s contract. D. justifies inducing a breach of contract in most cases. Which of the following is a classic example of interference with economic relations? A. Trespass 4 2 B. False imprisonment . C. Disparagement D. Defamation Which of the following is most likely to be a common defense to the tort of malicious prosecution? A. Improper purpose 4 3 . B. Lack of capacity C. Probable cause D. Inducing a breach of contract A common defense to the tort of interference with contract is: A. lack of capacity. 4 B. privilege. 4 . C. probable cause. D. inducing a breach of contract. Privilege is NOT a common defense to . A. false imprisonment 4 B. trespass to land 5 . C. interference with contract D. disparagement Short Answer Questions Discuss what is meant by the term “tort.” 46 . Explain the difference between defamation and disparagement. 47 . Claire is a widow who lives alone. She purchased a home theatre system from GreenEye Tech Supplies but failed to make her payments. People at GreenEye responded to this by calling her up repeatedly. They started making more than a dozen calls a day, including calls that were made well into the night. They then started sending multiple agents to Claire’s office, informing her neighbors about the due payment 48 and even had an agent deliver a notice to her when she was out . shopping. Claire was admitted to the hospital with a nervous breakdown. What are her possible legal remedies against GreenEye? Define and discuss the tort of trespass to land. 49 . Eric Dunphy sued Starcross Builders because a few of the construction workers walked into his courtyard and drew water from his well without his knowledge. This caused no actual damage to Eric’s property. Can 50 this incident be considered a trespass? . Chapter 06 Intentional Torts Answer Key True / False Questions 1. (p. 105 ) Injury in tort can include such intangible harms as emotional distress. TRUE AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-01 Explain what a tort is and what it is designed to do. Topic: Intentional Torts 2. (p. 106 ) Intentional torts are both civil and criminal in nature. FALSE AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-01 Explain what a tort is and what it is designed to do. Topic: Intentional Torts 3. (p. 106 ) The plaintiff’s burden of proof in a tort case is identical to that of a criminal case. FALSE AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-02 Define preponderance of the evidence and indicate who has the burden of proof. Topic: Intentional Torts 4. (p. 106 ) One can commit an intentional tort with the conscious desire to cause harm or with the knowledge that harm is substantially certain to result. TRUE AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-01 Explain what a tort is and what it is designed to do. Topic: Intentional Torts 5. (p. 106 ) It is not necessary for a defendant to touch a plaintiff’s body in order to be liable for battery. TRUE AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-03 Identify the differences between assault and battery. Topic: Interference with Personal Rights 6. (p. 106 ) Consent can be a defense to battery only if the consent is freely and intelligently given. TRUE AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-03 Identify the differences between assault and battery. Topic: Interference with Personal Rights 7. (p. 107 ) Assault is an intentional, unconsented-to touching that is harmful or offensive. FALSE AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-03 Identify the differences between assault and battery. Topic: Interference with Personal Rights 8. (p. 107 In order to keep Jamila from leaving the house, Sabah locked the front door of her house but forgot to lock the back door. Sabah has falsely imprisoned Jamila. ) FALSE AACSB: Reflective Thinking Blooms: Apply Difficulty: 2 Medium Learning Objective: 06-03 Identify the differences between assault and battery. Topic: Interference with Personal Rights 9. (p. 107 ) A defendant’s conduct must be outrageous in order to be found guilty of intentional infliction of emotional distress. TRUE AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-03 Identify the differences between assault and battery. Topic: Interference with Personal Rights 10. (p. 108 ) Libel refers to acts of oral defamation by a malicious agent. FALSE AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights 11. (p. 109 ) Truth is not a defense to a defamation action. FALSE AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights 12. (p. 109 ) In cases of defamation, defendants are not liable if the statements they uttered were true. TRUE AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights 13. (p. 112 ) Using a person’s name or likeness for commercial purposes without that person’s consent is a form of invasion of privacy. TRUE AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights 14. (p. 113 ) Franco takes a shortcut across Simone’s yard on his way to school. Even if Simone gives Franco permission to use her yard as a shortcut, Franco has still trespassed on Simone’s property. FALSE AACSB: Reflective Thinking Blooms: Apply Difficulty: 2 Medium Learning Objective: 06-05 Explain the differences between trespass and conversion. Topic: Interference with Property Rights 15. (p. 115 ) Use of force to drive away a person’s customers or employees leads to a tort called disparagement. FALSE AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-06 Identify the torts protecting economic relations. Topic: Interference with Economic Relations Multiple Choice Questions Compensatory damages are also known as: A actual damages. . 16. (p. 105 ) B punitive damages. . C. nominal damages. D. statutory damages. Compensatory damages are also known as actual damages. Persons who are injured by the tortious act of another may file a civil suit for actual (compensatory) damages to compensate them for their injuries. AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-01 Explain what a tort is and what it is designed to do. Topic: Intentional Torts 17. (p. 105 ) are used to punish the defendant and deter the defendant and others from repeating behavior that is particularly offensive. A Punitive damages . B Actual damages . C. Compensatory damages D. Nominal damages Punitive damages are used to punish the defendant and deter the defendant and others from repeating behavior that is particularly offensive. In some cases, punitive damages in excess of the plaintiff’s actual injuries may be recovered. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-01 Explain what a tort is and what it is designed to do. Topic: Intentional Torts 18. (p. 106 ) Which of the following constitutes the elements of an intentional tort? A Intent and harm to another person or property . B Intent and harm to another person or property and violation of a statute . C. Intent and violation of a statute D. Violation of a statute and harm to another person or property Torts are private (civil) wrongs against persons or property. The elements of an intentional tort are harm to another person or property, and intent. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-01 Explain what a tort is and what it is designed to do. Topic: Intentional Torts The plaintiff’s burden of proof in a tort case is proof by a preponderance of the evidence, which is applied in all civil cases, in which the defendant’s: A life may be at stake. . 19. (p. 106 ) B liberty may be at stake. . C money is at stake. . D. criminal activities are at stake. The plaintiff’s burden of proof in a tort case is proof by a preponderance of the evidence. This simply means that when both sides have presented their evidence, the greater weight of the believable evidence must be on the plaintiff’s side. This standard of proof is applied in all civil cases, in which only money is at stake, in contrast to criminal cases, in which the defendant’s life or liberty may be at stake. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-02 Define preponderance of the evidence and indicate who has the burden of proof. Topic: Intentional Torts Harry snatched Kristina’s purse off her shoulder while she was walking down the street. She, with the help of few others, produced him before court. Which of the following torts could Kristina prove in a lawsuit against Harry? A Assault . B. Battery 20. (p. 106 ) C. Defamation D. Disparagement In this scenario, Harry is liable for battery even though he has not touched Kristina’s body. The basic personal interest that any legal system can protect is a person’s right to be free from injurious or unpleasant physical contact with others. Battery, an intentional, unconsented-to touching that is harmful or offensive, protects that interest. The least touching can be a battery if it produces injury or would be considered offensive to a person of ordinary sensibilities. The defendant need not actually touch the plaintiff’s body to be liable for battery. It is sufficient to touch anything connected to the plaintiff’s body. AACSB: Reflective Thinking Blooms: Apply Difficulty: 3 Hard Learning Objective: 06-03 Identify the differences between assault and battery. Topic: Interference with Personal Rights 21. (p. 106 ) Loud Larry is a popular talk show in which the host, Larry, likes to take a confrontational approach to interviewing his guests. Larry is a smoker. He invites Alice, a well-known anti-smoking advocate, to be on his show. During the course of the interview, Larry attempts to demonstrate the harmless effects of passive smoking by blowing smoke directly at Alice’s face even after she resisted. Which of the following is most likely to be true if Alice decides to press charges against Larry? A Larry may be liable for battery. . B Larry will not be liable for battery because he did not touch her body. . C. Larry may be liable for false imprisonment. D. Larry will be liable for defamation. The basic personal interest that any legal system can protect is a person’s right to be free from injurious or unpleasant physical contact with others. Battery, an intentional, unconsented-to touching that is harmful or offensive, protects that interest. The least touching can be a battery if it produces injury or would be considered offensive to a person of ordinary sensibilities. A battery can be committed by setting something in motion that touches the plaintiff. In the given scenario, Larry attempts to demonstrate the harmless effects of secondhand smoke by blowing smoke directly at Alice’s face who is an anti-smoking advocate. This can be considered offensive and Larry may be liable for battery. AACSB: Reflective Thinking Blooms: Apply Difficulty: 3 Hard Learning Objective: 06-03 Identify the differences between assault and battery. Topic: Interference with Personal Rights 22. (p. 107 ) Esther is upset with her roommate Julio because he refuses to clean up after himself. In a fit of rage, Esther tries to hit him on his head but misses. At the time, Julio is turned away from Esther and is completely unaware that she tried to hit him. Under these circumstances, . A Esther is liable only for battery . B Esther is liable only for assault . C Esther is liable neither for battery nor assault . D. Esther is liable for both battery and assault Esther is liable neither for battery nor assault because she misses while attempting to hit Julio on the head and Julio is unaware of the whole situation. The tort of assault is designed to protect people from threats of battery. Assault is putting another in apprehension of an imminent (immediate) threat to his or her physical safety. Most courts say that “mere words are not enough” for assault and require some affirmative act, like a threatening gesture by the defendant. Attempts at battery that the plaintiff is not aware of at the time are not grounds for a civil assault suit. AACSB: Reflective Thinking Blooms: Apply Difficulty: 3 Hard Learning Objective: 06-03 Identify the differences between assault and battery. Topic: Interference with Personal Rights 23. (p. 107 ) Seth was shopping at a local music store looking for a CD, when he suddenly remembered that he had an appointment with his math professor. He pulled his calendar out of his backpack only to discover that he was late for the appointment. Seth quickly put the calendar back into his backpack and hurried out of the store. As he made his exit from the store, a security guard asked Seth to accompany him to an office at the back of the store to which he consented. Once there, in private, the guard quickly searched Seth and his backpack thinking him to be a shoplifter, but found nothing. The whole incident took less than three minutes. Which of the following is most likely to be true regarding this incident? A Seth has enough evidence against the store to sue them for defamation. . B Seth has enough evidence against the store to sue them for false imprisonment, emotional distress, and batt . C If the store belongs to a state that allows conditional privilege to store owners, the store can stop persons it . D. The store has no conditional privileges to stop persons it feels are shoplifting, but it is liable for punitive dam If the store belongs to a state that has passed statutes allowing conditional privilege to store owners, the store has conditional privilege to stop persons it feels are shoplifting as long as the owner acts in a reasonable manner and detains the suspect only for a reasonable length of time. In this scenario, the guard did not behave in an unreasonable manner and did not detain Seth for an unreasonable length of time. The store cannot be sued for false imprisonment, since false imprisonment is the intentional confinement of a person for an appreciable time without the person’s consent. AACSB: Reflective Thinking Blooms: Apply Difficulty: 2 Medium Learning Objective: 06-03 Identify the differences between assault and battery. Topic: Interference with Personal Rights 24. (p. 107 ) The tort of false imprisonment protects: A the right to life. . B only the freedom of movement. . C mental and physical interests. . D. only the freedom from knowledge of confinement. The tort of false imprisonment protects both physical (freedom of movement) and mental (freedom from knowledge of confinement) interests. False imprisonment is the intentional confinement of a person for an appreciable time (a few minutes is enough) without the person’s consent. AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-03 Identify the differences between assault and battery. Topic: Interference with Personal Rights Which of the following denotes an injury to a person’s reputation? A Disparagement . 25. (p. 108 ) B. Defamation C. Battery D. Malice Defamation denotes injury to a person’s reputation that can cause that person considerable anguish and harm. The torts of libel (written defamation) and slander (oral defamation) were designed to protect against such injury. The basis of both torts is the publication of an untrue statement that injures a person’s reputation or character. AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights Dr. Reilly is a neurosurgeon. He does an interview in a talk show about his occupation and his field. Dr. Reilly goes on to say how Phil Donrey, a famous natural healer who helps people through his Ayurvedic methods, is bogus and how there is no science or logic behind it. For which of the following reasons can Phil Donrey sue Dr. Reilly? A Libel . B Invasion of privacy . 26. (p. 108 - 109 ) C. Conversion D. False imprisonment Since injury to a person’s reputation can cause that person considerable anguish and harm, the torts of libel (written defamation) and slander (oral defamation) were designed to protect against such injury. The basis of both torts is the publication of an untrue statement that injures a person’s reputation or character. Publication in this context means communication of the statement to at least one person other than the defamed party. If that statement exposes a person to hatred, contempt, or ridicule, it is defamatory. Classic forms of slander per se are statements that a person is professionally incompetent or guilty of professional improprieties. Broadcast defamation, which involves both oral and visual impressions, is generally considered to be libel. In this scenario, Phil can press libel charges against Dr. Reilly for calling him a bogus on a TV show. AACSB: Reflective Thinking Blooms: Apply Difficulty: 3 Hard Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights Jean, a restaurant critic, publishes a review in a national daily that the sandwiches served at his friend’s deli are usually not fresh. Tom, the owner of the deli, notices a significant decrease in customers after the review gets published. Although the statement made by Jean in his review is true, Tom wants to sue Jean. Can Tom recover from Jean for defamation? A Yes, because Jean abused his conditional privilege. . 27. (p. 109 ) B. No, because Jean has the defense of truth. C. Yes, because Jean communicated the statement to third persons and defamed Tom. D. No, because personal finances and disputes cannot be brought to court. In this case, Tom cannot recover from Jean for defamation because truth is a complete defense to a defamation suit. No matter how embarrassing or terrible the statement, if it is true, the person who communicated it cannot be held liable. AACSB: Reflective Thinking Blooms: Apply Difficulty: 3 Hard Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights Which of the following statements supports the explanation of libel? A Broadcast defamation, which involves both oral and visual impressions, is generally considered to be libel. . 28. (p. 108 B Damages are presumed in libel cases even if the statement is not defamatory on its face. . - C. Oral defamation, causing injury to a person’s reputation and causing that person considerable anguish and h 109 ) D. Private statements between spouses may be defamatory and will be considered to be libel. Since injury to a person’s reputation can cause that person considerable anguish and harm, the torts of libel (written defamation) and slander (oral defamation) were designed to protect against such injury. Broadcast defamation, which involves both oral and visual impressions, is generally considered to be libel. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights 29. (p. 109 ) Which of the following statements can be conditionally privileged in defamation suits? A Statements by members of Congress on the floor of Congress . B. Statements made in the furtherance of legitimate business interests C. Statements by participants in judicial proceedings D. Private statements between spouses Statements communicated in some situations are granted absolute privilege—they can never serve as a basis for a successful defamation suit. Statements by members of Congress on the floor of Congress, statements by participants in judicial proceedings, and private statements between spouses are absolutely privileged. Other statements are only conditionally privileged—they can serve as a basis for a successful suit if the person publishing the statement abuses the privilege. Statements made in the furtherance of legitimate business interests, such as providing employee references or credit reports, are often conditionally privileged. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights 30. (p. 110 ) The U.S. Supreme Court requires that actual malice be proved when: A public officials sue the media for false and defamatory statements. . B public officials are found strictly liable for a crime. . C. individuals sue public figures for assault or battery. D. individuals sue the media for publishing negative statements of their favorite public figures. The U.S. Supreme Court has given the media an almost absolute privilege when discussing public officials by requiring that the official prove actual malice when suing for false and defamatory statements. This means that the official must prove that the statement was made with knowledge of falsity, or with reckless disregard for the truth, which is usually very difficult to do. The Court felt that the public interest in the “free and unfettered debate” of important social issues justified this limitation on a public official’s rights. AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights For a public figure to sue for defamation, the person must prove: 31. (p. 110 ) A actual malice. . B . the facts talked about to be controversial. C. unintentional tort. D. negligence. The U.S. Supreme Court has given the media an almost absolute privilege when discussing public officials by requiring that the official prove actual malice when suing for false and defamatory statements. This means that the official must prove that the statement was made with knowledge of falsity, or with reckless disregard for the truth, which is usually very difficult to do. The Court felt that the public interest in the “free and unfettered debate” of important social issues justified this limitation on a public official’s rights. Public figures (private persons who are famous or have involved themselves in some public controversy) face a similar burden of proof for similar reasons. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights Which of the following is an example of invasion of privacy? 32. (p. 112 ) A A tenant continuing to stay in a house even after the lease period has expired . B The act of wrongfully selling or mortgaging the goods of another . C The act of putting an ad in the paper saying that a person does not pay his or her bills . D. A person providing false statements on a seller’s ownership of goods offered for sale Publishing true but private facts about a person can be an invasion of privacy. Acts like putting an ad in the paper saying that a person does not pay his or her bills, publishing embarrassing details of a person’s illnesses, or publishing pictures of a parent’s deformed child are examples of this form of invasion of privacy. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights 33. (p. 112 ) Under the tort of invasion of privacy, . A some widespread dissemination of information is necessary for liability . B true, but public, facts about a person can be an invasion of privacy . C. truth is a defense to “publication of private facts” D. newsworthy items or items of legitimate public interest can be the basis of a successful suit Publishing true but private facts about a person can be an invasion of privacy. These forms of invasion of privacy are based on publicity. Therefore, widespread dissemination of the information is necessary for liability. It should also be noted that truth is not a defense to “publication of private facts.” Publication of matters of public record, or of newsworthy items (items of legitimate public interest), cannot be the basis of a successful suit for invasion of privacy. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that the: A wrongfully brought suit did not terminate in his favor. . 34. (p. 112 ) B suit was brought with probable cause. . C suit was brought for an improper purpose. . D. wrongfully brought suit terminated in the defendant’s favor. In actions for malicious prosecution and for wrongful use of civil proceedings, the plaintiff must show that the wrongfully brought suit terminated in his favor, that the suit was brought without probable cause to believe the suit was justified, and that it was brought for an improper purpose. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights Abuse of process requires: A that the wrongfully brought suit terminated in the defendant’s favor. . 35. (p. 113 ) B that there be no probable cause in order for the person wrongfully sued to win. . C proof that the suit was brought for a primary purpose other than the one for which such proceedings are de . D. proof that there was malice involved in the suit and that the wrongful suit ended in the plaintiff’s favor. Abuse of process does not require that the suit terminate in the defendant’s favor or that there be no probable cause in order for the person wrongfully sued to win. What is required is proof that the suit was brought for a primary purpose other than the one for which such proceedings are designed. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights Which of the following is a defense to trespass to personal property? A Probable cause . 36. (p. 114 ) B. Privilege C. Truth D. Necessity Intentional interference with personal property in the possession of another is a trespass if it (1) harms the property or (2) deprives the possessor of its use for an appreciable time. Privilege is a defense to trespass to personal property. Consent is also considered a defense to such kind of a trespass. AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-05 Explain the differences between trespass and conversion. Topic: Interference with Property Rights 37. (p. 115 ) Cybertrespass is commonly considered to be a trespass on: A personal property. . B real property. . C. physical property. D. real estate. Internet service providers are beginning to bring trespass actions against spam distributors who flood the Internet with unsolicited advertisements. This practice of mailing unsolicited bulk e-mail causes serious problems for the service providers. Cybertrespass is commonly considered to be a trespass on personal property, not on real property. As such, most courts have held that a trespasser is liable when the trespass diminishes the value of personal property. Where no damage occurs, no trespass is found. AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-05 Explain the differences between trespass and conversion. Topic: Interference with Property Rights Conversion is defined as: 38. (p. 115 ) A intrusion on a person’s solitude or seclusion and publishing private facts about a person. . B. the unlawful taking of or exercise of control over the personal property of another person. C. the intentional confinement of a person for an appreciable time without the person’s consent. D. the use of force to drive away a person’s customers or employees. Conversion is the unlawful taking of or exercise of control over the personal property of another person. The essence of conversion is the wrongful deprivation of a person’s personal property rights. One who unlawfully takes goods from the possession of another is liable for conversion even though the taker mistakenly believes he or she is entitled to possession. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-05 Explain the differences between trespass and conversion. Topic: Interference with Property Rights 39. (p. 115 Which of the following statements is true about conversion and trespass to personal property? ) A Trespass to personal property does not require intent, while conversion does. . B. The degree of interference with another’s property rights acts as a basis for the difference between the two C. Consent act is a defense to conversion but will not be considered as a defense for trespass to personal prope D. Courts do not consider extent of harm to property as a difference between conversion and trespass. The difference between conversion and trespass to personal property is based on the degree of interference with another’s property rights. Courts consider such factors as the extent of the harm to the property, the extent and duration of the interference with the other’s right to control the property, and whether the defendant acted in good faith. The greater the interference and lack of good faith, the more likely the act will be considered to be conversion, for which the defendant must pay the reasonable value of the property. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-05 Explain the differences between trespass and conversion. Topic: Interference with Property Rights The tort of disparagement: A requires proof of actual damage. . 40. (p. 115 ) B covers true statements about the personal behavior of persons in business. . C. is identical to the tort of slander. D. does not include truth as a common defense. False statements about the quality of a seller’s product or services, or the seller’s ownership of goods offered for sale, may give rise to the tort of disparagement. Proof of actual damage (e.g., lost sales or other opportunities) is necessary for a successful disparagement action. AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-06 Identify the torts protecting economic relations. Topic: Interference with Economic Relations The tort of interference with contract: A does not protect the sanctity of private contractual relationships. . 41. (p. 115 ) B does not apply to a person who intentionally induces a person to breach a contract with another. . C applies to a person who intentionally prevents performance of another person’s contract. . D. justifies inducing a breach of contract in most cases. The tort of interference with contract applies to a person who intentionally induces a person to breach a contract with another or who prevents performance of another’s contract. This tort, interference with contract, seeks to protect the sanctity of private contractual relationships. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-06 Identify the torts protecting economic relations. Topic: Interference with Economic Relations 42. (p. 115 ) Which of the following is a classic example of interference with economic relations? A Trespass . B False imprisonment . C Disparagement . D. Defamation Disparagement is an example of interference with economic relations. False statements about the quality of a seller’s product or services, or the seller’s ownership of goods offered for sale, may give rise to the tort of disparagement. Proof of actual damage (e.g., lost sales or other opportunities) is necessary for a successful disparagement action. AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-06 Identify the torts protecting economic relations. Topic: Interference with Economic Relations 43. (p. 112 ; 117 ) Which of the following is most likely to be a common defense to the tort of malicious prosecution? A Improper purpose . B Lack of capacity . C Probable cause . D. Inducing a breach of contract Malicious prosecution, wrongful use of civil proceedings, and abuse of process are three tort theories that protect people from harms resulting from wrongfully brought lawsuits. Malicious prosecution gives a remedy for the financial, emotional, and reputational harm that can result when criminal proceedings are wrongfully brought. Probable cause can be a defense to this tort. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights 44. (p. 117 ) A common defense to the tort of interference with contract is: A lack of capacity. . B. privilege. C. probable cause. D. inducing a breach of contract. One who intentionally induces a person to breach a contract with another or who prevents performance of another’s contract may be liable in damages to the party deprived of the benefits of the contract is said to have committed a tort called interference with contract. Privilege is a common defense to this tort. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-06 Identify the torts protecting economic relations. Topic: Interference with Economic Relations Privilege is NOT a common defense to . A false imprisonment . 45. (p. 117 ) B trespass to land . C. interference with contract D. disparagement False statements about the quality of a seller’s product or services, or the seller’s ownership of goods offered for sale, may give rise to the tort of disparagement. Proof of actual damage (e.g., lost sales or other opportunities) is necessary for a successful disparagement action. Truth acts as a defense for disparagement. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-06 Identify the torts protecting economic relations. Topic: Interference with Economic Relations Short Answer Questions Discuss what is meant by the term “tort.” Torts are private (civil) wrongs against persons or property. Persons who are injured by the tortious act of another may file a civil suit for actual (compensatory) damages to compensate them for their 46. (p. 105 ) injuries. Injury in tort can include much more than physical injury (and resulting direct injuries such as loss of pay and medical benefits). It also encompasses such intangible harms as loss of privacy, emotional distress, and injury to reputation. In some cases, punitive damages in excess of the plaintiff’s actual injuries may be recovered. Punitive damages are used to punish the defendant and deter the defendant and others from repeating behavior that is particularly offensive. AACSB: Analytic Blooms: Understand Difficulty: 2 Medium Learning Objective: 06-01 Explain what a tort is and what it is designed to do. Topic: Intentional Torts 47. (p. 108 ; 115) Explain the difference between defamation and disparagement. Defamation is a claim by an individual wherein there is injury to a person’s reputation causing that person considerable anguish and harm. Because it is the individual’s reputation that is being protected, the defamatory statement must be “of and concerning” the plaintiff to be actionable. Courts recognize a limited right of corporations and other business entities to protect their reputations. They can bring claims for defamatory statements that harm them in conducting their business or that deter others from dealing with them. False statements about the personal behavior of persons in business are covered by the tort of defamation. False statements about the quality of a seller’s product or services, or the seller’s ownership of goods offered for sale, may give rise to the tort of disparagement. Proof of actual damage (e.g., lost sales or other opportunities) is necessary for a successful disparagement action. AACSB: Analytic Blooms: Understand Difficulty: 1 Easy Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Learning Objective: 06-06 Identify the torts protecting economic relations. Topic: Interference with Economic Relations Topic: Interference with Personal Rights 48. (p. 107 -109; 111- 112) Claire is a widow who lives alone. She purchased a home theatre system from GreenEye Tech Supplies but failed to make her payments. People at GreenEye responded to this by calling her up repeatedly. They started making more than a dozen calls a day, including calls that were made well into the night. They then started sending multiple agents to Claire’s office, informing her neighbors about the due payment and even had an agent deliver a notice to her when she was out shopping. Claire was admitted to the hospital with a nervous breakdown. What are her possible legal remedies against GreenEye? Claire cannot recover for any type of defamation because the statements GreenEye communicated about her indebtedness were true. However, she does have a good chance of proving intentional infliction of emotional distress (intentional and outrageous conduct, severe emotional distress, physical symptoms) and invasion of privacy (publication of private facts and intrusion on solitude). AACSB: Reflective Thinking Blooms: Apply Difficulty: 3 Hard Learning Objective: 06-03 Identify the differences between assault and battery. Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Personal Rights 49. (p. 113 ) Define and discuss the tort of trespass to land. Any entry by a person onto land in the possession of another is a trespass, unless the entry is done with the possessor’s permission or is privileged. The same is true for causing anything to enter the land in the possession of another. A person who remains on the land of another, as in the case of a tenant who stays after the lease has expired, or who allows anything to remain on another’s property, is trespassing. No actual harm to the property is necessary for trespass. However, if no actual losses result, the plaintiff usually will recover only nominal damages. AACSB: Analytic Blooms: Remember Difficulty: 1 Easy Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect. Topic: Interference with Property Rights 50. (p. 113 ) Eric Dunphy sued Starcross Builders because a few of the construction workers walked into his courtyard and drew water from his well without his knowledge. This caused no actual damage to Eric’s property. Can this incident be considered a trespass? Yes, this incident can be considered a trespass. Any entry by a person onto land in the possession of another is a trespass, unless the entry is done with the possessor’s permission or is privileged. No actual harm to the property is necessary for trespass. However, if Eric cannot demonstrate loss, he is likely to only recover nominal damages. AACSB: Reflective Thinking Blooms: Apply Difficulty: 2 Medium Learning Objective: 06-05 Explain the differences between trespass and conversion. Topic: Interference with Property Rights Chapter 07 Negligence and Strict Liability True / False Questions Negligence is an intentional breach of duty that may or may not result in 1 harm to another. . True False The law of negligence prosecutes a defendant even if his or her breach 2 of duty wasn’t the actual or proximate cause of the plaintiff’s injuries. . True False The law of negligence holds our behavior up to an objective standard of 3 conduct: We must conduct ourselves like a “reasonable person of . ordinary prudence in similar circumstances.” True False If the actions cause injury of the kind the statute was designed to protect against, and if the person who is injured is within the group of people the 4 statute was designed to protect, then the defendant is presumed . negligent. True False If Jamal is carefully driving his car within the speed limit and an inebriated 5 Eddie darts into his car and is hit, Jamal is liable for Eddie’s injuries. . True False The idea of placing a legal limit on the extent of a negligent person’s 6 liability is called proximate cause. . True False A negligent person is liable only for the proximate results of his or her 7 negligence. . True False A defendant is always free of liabilities if the intervening force was 8 foreseeable. . True False The doctrine of res ipsa loquitur places the burden on the plaintiff to show 9 that his injury was caused by the defendant’s negligence. . True False 10 Third parties are not entitled to recover for emotional distress resulting from witnessing harm caused to another person by a defendant’s . negligent acts. True False A close relative is not regarded as third party for recovery against 11 emotional distress. . True False To recover for negligent infliction of emotional distress as a third party, 12 the plaintiff does not always have to establish some physical symptoms . resulting from the said distress. True False Most states have adopted a comparative negligence system because it 13 distributes the cost of the accident according to the degree of both . plaintiff’s and defendant’s fault. True False Contributory negligence is not a good defense to recklessness, but 14 assumption of risk is a good defense. . True False 15 Under the doctrine of strict liability, care and caution mitigate liability. . True False Multiple Choice Questions is an unintentional breach of duty by the defendant that results in harm to another. A. Negligence 1 6 B. A liability . C. A fraud D. Foreseeability To recover in a negligence suit, a plaintiff must prove that the: A. defendant had intent to injure the plaintiff and did so by a breach of duty. 1 B. defendant’s breach of duty was the proximate cause of the plaintiff’s injuries. 7 . C. defendant’s breach of duty might have indirectly caused the plaintiff injuries. D. defendant’s actions did not violate any statutes. People who do not conform to a statute are sometimes considered to be negligent per se. This means that: 1 8 A. the defendant should be penalized even if the negligence did not cause the plaintiff any harm. . B. negligence and breaking a law should be penalized equally. C. not knowing about a statutory requirement is not as bad as intending to do something wrong. D. statutes can create the legal duty required to establish negligence. Jose, a migrant worker who lived in a mobile home, died in a fire. The smoke alarm of the mobile home malfunctioned and did not go off. He was trapped inside while the fire engulfed him. The state had a law that required dwellings to be equipped with smoke detectors and that they be maintained. In this scenario, Jose’s widow can sue the owner of the mobile home under . A. disparagement 1 9 . B. negligence C. libel D. causation Which of the following is true about the breach of duty? A. A person is guilty of breach of duty if he or she exposes another person to a foreseeable and unreasonable ris 2 0 . B. The defendant is liable for the plaintiff’s injury even if the defendant exercised reasonable care. C. Only when the defendant’s actions violate statutes, it is regarded as breach of duty. D. In a ruling, a breach of duty is considered as serious as a criminal offense. Emmy worked late nights at a convenience store. One night, Emmy discovered that the “emergency alert” security system was not working. The owner of the store told her that he would have the system repaired 2 immediately. Nevertheless, a month went by before the system was 1 repaired. In the meantime, the store was robbed while Emmy was . working and, in the course of the robbery, the perpetrator broke Emmy’s leg. Under these circumstances, if Emmy presses charges, she is most likely to recover from the store owner: A. for negligence because the harm was foreseeable.