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6 Chapter Intentional Torts TRUE/FALSE QUESTIONS A1. Tort is a French word for "court." ANSWER: F A2.

The purpose of tort law is to provide remedies when legally protected interests have been invaded. ANSWER: T A3. To commit an intentional tort, one person must intend to harm a certain other person. ANSWER: F A4. Tortfeasor is the term for a person who commits a tort. ANSWER: T A5. Consent is a defense to an allegation of assault, but not battery. ANSWER: F A6. False imprisonment is a tort only if the confinement or restraint is justified. ANSWER: F A7. One cannot recover damages for severe emotional distress absent a showing of personal injury. ANSWER: F A8. An oral defamatory statement must be communicated to a third party to be actionable. ANSWER: T A9. An individual's right to privacy includes the exclusive use of his or her likeness. ANSWER: T A10. An unauthorized scan of a bank account cannot be an invasion of privacy. ANSWER: F A11. An illegal search can be an invasion of privacy. ANSWER: T A12. Normally, fraud occurs only when there is reliance on a statement of truth. ANSWER: F A13. Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship. ANSWER: F A14. Bona fide competitive behavior can constitute wrongful interference with a contractual relationship. ANSWER: F A15. An artisan's lien is a defense to a charge of trespass to personal property. ANSWER: T A16. If a person believes that he or she is entitled to certain goods, the tort of conversion cannot occur even if the belief is mistaken. ANSWER: F A17. Disparagement of property is another term for appropriation. ANSWER: F A18. An Internet service provider cannot be held liable in tort for disseminating his or her own defamatory remarks. ANSWER: F A19. There are no statutes regulating the use of spam. ANSWER: F A20. Federal law permits the use of unsolicited commercial e-mail but prohibits certain types of spamming activities. ANSWER: T MULTIPLE CHOICE QUESTIONS A1. Bob pushes Carol. Carol falls and breaks her arm. Bob is liable for the injury a. b. c. d. if Bob intended to push Carol. only if Bob did not intend to break Carol's arm. only if Bob had a bad motive for pushing Carol. only if Bob intended to break Carol's arm. ANSWER: A

A2. At Scrumptious Cafe, Tyler believes that he was overcharged and shoves Uma, a waiter. Uma sues Tyler, alleging that the shove was a battery. Tyler is liable if

a. b. c. d.

Scrumptious did not overcharge Tyler. the shove was offensive. Tyler acted out of malice. Uma did not wait on Tyler. ANSWER: B

A3. Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen's statement is defamatory only if a. b. c. d. a third party hears it. Hu has not been caught. the statement is puffery. the statement is true. ANSWER: A

A4. Great Tans, Inc., uses, in its radio ads, a recording by Holly, who owns the rights, without paying for the use. Over time, the song comes to be associated with Great Tans. In Holly's suit against Great Tans, the firm is most likely liable for a. b. c. d. appropriation. conversion. wrongful interference with a customary relationship. none of the choices.

ANSWER: A A5. Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is a. b. c. d. fraud if the statement is the truth. fraud if Jim believes that this statement is not true. fraud if Jim is stating his opinion, not the facts. not fraud.

ANSWER: D A6. Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent. To give rise to fraud, the statement must be one of a. b. c. d. emotion. fact. illusion. opinion.

ANSWER: B A7. Clem, a Delite Dairy salesperson, follows Edna, a salesperson for Festive Foods, a Delite competitor, as Edna visits stores to make sales. Clem solicits each of Edna's customers. Clem is most likely liable for a. b. c. d. conversion. trespass to personal property. wrongful interference with a business relationship. none of the choices. ANSWER: C

A8. OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

a. b. c. d.

appropriation. conversion. wrongful interference with a contractual relationship. none of the choices. ANSWER: D

A9. Joy invites Ken into her apartment. Ken commits trespass to land if he a. b. c. d. enters the apartment with fraudulent intent. harms the apartment in any way. makes disparaging remarks about Joy to others. refuses to leave when Joy asks him to go. ANSWER: D

A10. Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass only if he a. b. c. d. does not have Bella's to permission drive on the property. drives onto the property for recreational purposes. harms the property in a material way. harms the property in any way. ANSWER: A

A11. Jane enters onto Sam's property to help someone in danger. If Sam charges Jane with trespass to land, Jane has a. b. c. d. no defense. possible defense. a partial defense. a complete defense. ANSWER: D

A12. Elin participates in an off-road vehicle race on Freedom Ranch land, with Freedom's consent for the two days of the race. During the race, Elin's vehicle breaks down. She leaves it on Freedom's land for ten days before removing it. Elin has committed a. b. c. d. trespass to invitation. trespass to land. trespass to personal property. none of the choices.

ANSWER: B A13. As a joke, Fran hides Gary's business law textbook so that he cannot find it during the week before the exam. Fran is liable for a. b. c. d. appropriation. disparagement of property. trespass to personal property. wrongful interference with a business relationship. ANSWER: C

A14. Copy Cat, Inc., uses a bot to continually comb the Web site of Deals Galore Company. In line with the decision of the court in Case 6.2, Register.com, Inc. v. Verio, Inc., Copy Cat has most likely committed a. assault.

b. c. d.

conversion. trespass to personal property. no tort. ANSWER: C

A15. Quin, a clerk at PC Computer Store, takes a computer from the store without PC's permission. Quin is liable for conversion a. b. c. d. if he damages the computer. if he does not have a good reason for taking the computer. if he fails to prevent a theft of the computer from his possession. under any circumstances. ANSWER: D

A16. Ian steals a business law textbook from Jules. Kris, who does not know that the book is stolen, buys it from Ian. Kris has committed a. b. c. d. conversion. disparagement of property. no tort. wrongful interference with a business relationship. ANSWER: A

A17. In newspaper ads, Little Used Autos falsely accuses Mighty Value Vehicles, a competitor, of selling stolen cars. Mighty's sales decrease. Little has most likely committed a. b. c. d. slander of quality. slander of title. wrongful interference with a business relationship. none of the choices. ANSWER: B

A18. Cody writes a defamatory article about Delia. The article is disseminated through the print media, via newspapers, and online, via an Internet service provider (ISP). Most likely to be liable for the article are Cody and a. b. c. d. neither the ISP nor the newspapers. the ISP and the newspapers. the ISP only. the newspapers only. ANSWER: D

A19. Beta Services (BS) is an Internet service provider. On a BS online bulletin board, Carl, a BS customer, posts a defamatory remark about Delta Company. Delta could successfully file a suit against a. b. c. d. BS only. BS or Carl. Carl only. neither BS nor Carl. ANSWER: B

A20. Direct Marketing, Inc., floods the e-mail boxes of the employees of Eagle Products Corporation with unsolicited ads to the extent that the employees cannot e-mail each other. Direct has most likely committed a. b. c. assault. conversion. trespass to personal property.

d.

none of the choices. ANSWER: C

ESSAY QUESTIONS A1. Precise Engineering Corporation has a contract with Quik Mart Stores to provide customized software for Quik's inventory control system. Retail Outlets, Inc, Quik's competitor, induces Sam, a Precise subcontractor who is writing code for the Quik software, to delay delivery of the code for one week. As a result, Precise's delivery of the software is delayed, and Quik sustains $500,000 in lost profits. On what ground could Quik recover damages from Retail Outlets? ANSWER: Quik could file an action against Retail Outlets based on wrongful interference with a contractual relationship. The elements that Quik must prove are (1) a valid, enforceable contract between two parties; (2) the knowledge of a third party that this contract exists; and (3) the third party's intentionally causing the breach of the contract for the purpose of advancing the interest of the third party. For a successful tort action, there must also be damages caused by the third party's act. Facts that satisfy all of these elements are set out in the problem. There was a valid, enforceable contract between Precise and Quik. Retail Outlets knew of this contract, Retail Outlets intentionally interfered with this contract, causing its breach, for the purpose of advancing its own interest (undercutting the profit of its competitor). Quik suffered lost profits as a result of Retail Outlets' act. A2. After two years of research and an investment of a substantial amount of money, Coast-to-Coast Company (CC) develops a new product that it hopes will produce substantial profits. CC learns that a competitor, National Sales, Inc., has made and begun to sell a nearly identical product. CC learns from a reliable source that National paid a CC employee to obtain the plans for CC's product when it was in development. What legal recourse does CC have against National? ANSWER: In terms of legal recourse against National, CC might base a civil suit on charges of conversion and trespass to personal property. Conversion is any act depriving an owner of personal property without that owner's permission and without just cause. Conversion is the civil side of crimes related to theft. When conversion occurs, trespass to personal property usually occurs as well. If the initial taking of the property was unlawful, there is trespass; retention of that property is conversion. CC might have a claim for wrongful interference with a contractual relationship for inducing the CC employee to break his or her employment contract with CC by selling company secrets.