Andersons Business Law and the Legal Environment

Comprehensive Volume 22nd Edition Twomey Jen-

nings 1133587585 9781133587583
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Chapter 9—TORTS

TRUE/FALSE

1. A victim of a tort may sue and recover money damages.

ANS: T MSC: AACSB Analytic

2. “Tort” comes from the Latin term “tortus,” which means “crooked, dubious, or twisted.”

ANS: T MSC: AACSB Analytic

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

ANS: T MSC: AACSB Analytic

4. A tort is a wrong arising from a violation of a public duty.

ANS: F MSC: AACSB Analytic

5. Strict liability is one type of tort.

ANS: T MSC: AACSB Analytic

6. Careless actions that result in injuries to others usually are not deemed to be torts.
 ANS: F MSC: AACSB Analytic

7. For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong.

ANS: F MSC: AACSB Analytic

8. The concept of strict liability is applied without regard to whether the defendant was at fault.

ANS: T MSC: AACSB Analytic

9. Assault is the intentional, wrongful touching of another person without that person’s consent.

ANS: F MSC: AACSB Analytic

10. The tort of false imprisonment requires the detention of a person without his or her consent.

ANS: T MSC: AACSB Analytic

11. Under the tort of false imprisonment, shopkeepers are prevented from detaining anyone whom they
believe has shoplifted.

ANS: F MSC: AACSB Analytic

12. The tort of intentional infliction of emotional distress requires proof of outrageous conduct and
resulting emotional distress in the victim.

ANS: T MSC: AACSB Analytic

13. The tort of invasion of privacy always requires the misappropriation of another's name or likeness.

ANS: F MSC: AACSB Analytic

14. Commercial exploitation is a form of invasion of privacy.

ANS: T MSC: AACSB Analytic

15. Offensive or derogatory language used by one person to describe another constitutes the tort of
slander.

ANS: F MSC: AACSB Analytic

16. In terms of defamation liability, members of the United States Congress enjoy an absolute privilege
when they are speaking on the floor of the Senate or the House of Representatives.

ANS: T MSC: AACSB Analytic

17. Libel is the printed equivalent of the spoken form of defamation known as slander.

ANS: T MSC: AACSB Analytic

18. The media enjoy a qualified privilege for stories that turn out to be false.
 ANS: T MSC: AACSB Analytic

19. Truth is not a defense to defamation.

ANS: F MSC: AACSB Analytic

20. Product disparagement is a form of defamation.

ANS: T MSC: AACSB Analytic

21. Malice is always a required element of defamation.

ANS: F MSC: AACSB Analytic

22. A trespass to personal property is any unpermitted entry below, on, across, or above the land of
another.

ANS: F MSC: AACSB Analytic

23. The use of someone’s car without that person’s permission is a trespass to personal property.

ANS: T MSC: AACSB Analytic

24. Today, the widest range of tort liability arises in the field of negligence.

ANS: T MSC: AACSB Analytic

25. To determine whether the defendant is liable for negligence, a reasonable person standard is employed.

ANS: T MSC: AACSB Analytic

26. Professionals have a duty to perform their functions at the same level as would a reasonable person.

ANS: F MSC: AACSB Analytic

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

ANS: F MSC: AACSB Analytic

28. When contributory negligence is proven, damages awarded as reduced based on the plaintiff’s degree
of fault.

ANS: F MSC: AACSB Analytic

29. The assumption of risk defense has been abolished in several states.

ANS: T MSC: AACSB Analytic

30. Governments are generally immune from tort liability.

ANS: T MSC: AACSB Analytic

MULTIPLE CHOICE
1. A wrong that arises from a violation of a private duty is called a:
a. criminal action.
b. tort.
c. crime.
d. de mala.
ANS: B MSC: AACSB Analytic

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

a. Every tort is a crime.
b. Every crime is a tort.
c. No crime is a tort.
d. A crime may also be a tort.
ANS: D MSC: AACSB Analytic

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

a. public
b. private
c. contractual
d. criminal
ANS: B MSC: AACSB Analytic

4. Torts are classified as:

a. intentional only.
b. negligence only.
c. strict liability only.
d. intentional, negligence, and strict liability.
ANS: D MSC: AACSB Analytic

5. Without meaning to, Alice carelessly strikes Mary. Mary may be able to sue Alice for:
a. an intentional tort.
b. negligence.
c. strict liability
d. absolute liability.
ANS: B MSC: AACSB Analytic

6. In order to establish the tort of false imprisonment, a person must show imprisonment for:
a. any amount of time.
b. at least one minute.
c. at least ten minutes
d. at least one hour.
ANS: A MSC: AACSB Analytic

7. A shopkeeper may lose the shopkeeper’s privilege if:

a. the customer is kept an unreasonable amount of time.
b. the shopkeeper acted with reasonable suspicion.
c. the shopkeeper acted with necessary force.
 d. all of the above.
ANS: A MSC: AACSB Analytic

8. John owed Barney money. Barney called John's home several times per day for five weeks asking for
repayment, with some of the calls coming after midnight. Barney might be liable for:
a. defamation.
b. wrongful interference with a contract.
c. intentional infliction of emotional distress.
d. trespass.
ANS: C MSC: AACSB Analytic

9. The tort of invasion of privacy includes:

a. intrusion into private affairs.
b. public disclosure of private facts.
c. misappropriation of another's name.
d. all of the above.
ANS: D MSC: AACSB Analytic

10. Defamation of a public figure requires what additional element?

a. Intent
b. Malice
c. Causation
d. none of the above
ANS: B MSC: AACSB Analytic
11. Which of the following is a defense to defamation?
a. Slander
b. Libel
c. Truth
d. All of the above.
ANS: C MSC: AACSB Analytic

12. Oral or spoken defamation is:

a. slander.
b. libel.
c. privilege.
d. perjury.
ANS: A MSC: AACSB Analytic

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

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

14. Slander of title and trade libel are collectively known as product __________.
a. Divestiture
b. Disparagement
c. Dilution
 d. Diversion
ANS: B MSC: AACSB Analytic

15. Maria intentionally attempts to have Patty break a contract with Alfred. Maria will be liable under
which theory of tort?
a. Libel
b. product disparagement
c. contract interference
d. intentional infliction of emotional distress
ANS: C MSC: AACSB Analytic

16. Trespass applies to:

a. personal property only.
b. land only.
c. both personal property and land.
d. only government-owned property.
ANS: C MSC: AACSB Analytic

17. Trespass to personal property requires:

a. the personal property to be connected to real property.
b. destroying the personal property.
c. the invasion of personal property regardless of whether the owner grants permission.
d. the invasion of personal property without the permission of the owner.
ANS: D MSC: AACSB Analytic
18. The widest range of tort liability arises in the area of:
a. negligence.
b. absolute liability.
c. violation of statute.
d. assumption of risk.
ANS: A MSC: AACSB Analytic

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

a. that degree of care the person exercised in the situation at hand.
b. that degree of care an extraordinary person would exercise under similar circumstances.
c. that degree of care an ordinarily prudent person would exercise under similar
circumstances.
d. none of the above.
ANS: C MSC: AACSB Analytic

20. Professionals have a duty to perform their jobs at the level of:
a. a reasonable person.
b. a reasonable professional in the same business.
c. an extraordinarily careful person.
d. none of the above.
ANS: B MSC: AACSB Analytic

21. Comparative negligence:

a. has been rejected by most of the states.
b. allows a comparison of negligence between plaintiff and defendant.
 c. only applies when the plaintiff has signed a release.
d. is a bar to recovery under common law.
ANS: B MSC: AACSB Analytic

22. If the plaintiff has either engaged in or refrained from actions that are at least partially to blame for the
injuries received, what negligence has occurred?
a. criminal
b. contributory
c. personal
d. prejudicial
ANS: B MSC: AACSB Analytic

23. What type of damages is recoverable when the defendant’s tortious conduct is accompanied by fraud,
malice, or willful or wanton conduct?
a. compensatory
b. consequential
c. nominal
d. punitive
ANS: D MSC: AACSB Analytic

24. The concept of immunity from liability means that:

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

25. What form of tort liability was developed to provide guaranteed protection for those who are injured
by conduct the law deems both serious and inexcusable?
a. strict liability
b. negligence
c. both a. and b.
d. neither a. nor b.
ANS: A MSC: AACSB Analytic

CASE

1. Philip Laws leased an apartment from Candice Sutton. Laws had notified Sutton on more than one
occasion that the wooden steps to his apartment were decaying and in need of repair. Laws claimed
that he had to leave the outside light on to avoid portions of the steps that no longer would bear his
weight when he came in at night. Sutton promised to repair the steps while Laws was away on a
business trip. Accordingly, Laws did not leave lights on during his absence. When he returned three
nights later, Laws was injured when one of the steps broke under his weight as he was entering his
apartment. Laws sued Sutton. Sutton replied that she should not bear liability for Laws' injury because
Laws knew of the condition of the steps and had not taken the customary precaution of lighting the
area. Based on what you have learned in this chapter, decide the case.

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

MSC: AACSB Reflective Thinking | AACSB Analytic

2. A local newspaper devotes its New Year's Day issue to people who have performed heroically during
the past year. One of the people included in the article was Janet, a local actress. Eight months earlier,
a fire started in the theater while she was in the middle of a performance. Rather than running out, she
stayed to help frightened members of the audience get out of the theater. The New Year's article stated
that Janet had been unable to find work as an actress because of burns to her hands and feet and that,
as a result, she owes a great deal of money. Janet sued the newspaper for invasion of privacy. Based on
what you have learned in this chapter, how should the case be decided?

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

MSC: AACSB Reflective Thinking | AACSB Analytic

3. John was driving his car in a careless way, failing to drive as a reasonably prudent person would under
the driving conditions. Ramona was crossing the street in a careless way, failing to cross as a
reasonably prudent person would. John struck and injured Ramona with the car John was driving. At
trial, it was determined that John was 80 percent at fault and that Ramona was 20 percent at fault. The
injuries sustained amounted to $100,000. Explain how much, if any, recovery Ramona would receive
in a state that applies the contributory negligence rule. Do the same thing for a state that applies the
comparative negligence rule.

ANS:
In a contributory negligence jurisdiction, Ramona would recover nothing, since the doctrine of
contributory negligence holds that in order for a plaintiff to recover, the plaintiff must be entirely free
from any negligence that contributed to the injury. Under comparative negligence, Ramona would
recover 80 percent of $100,000, or $80,000; although Ramona's negligence would reduce the amount
of her recovery, it would not preclude her recovery. In other words, whatever amount of the injury is
held to be caused by Ramona will be deducted from the total amount of the damage award.

MSC: AACSB Reflective Thinking | AACSB Analytic