Business & Finance Chapter 6 A medical worker was sued by a patient for discussing the patient's

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311. A medical worker was sued by a patient for discussing the patient’s medical condition with a mutual friend. The

patient most likely sued the medical worker for the tort of:

a. false imprisonment

b. mental distress

c. invasion of privacy

d. nothing because medical personnel are exempt from any liability in such instances

e. none of the other choices

312. You are shopping in a department store. A store manager asks you to step into his office. He closes the door and

tells you he thinks you have hidden merchandise in your clothing. You say nonsense. He says you will sit there until

you confess or allow yourself to be searched. You refuse. He says, “We will see about that!” The two of you sit

there for an hour. Finally, he tells you to leave. This is probably:

a. a tort of false imprisonment

b. not false imprisonment because you could have walked out

c. not false imprisonment because no physical force was used

d. not false imprisonment but may well be battery

e. not false imprisonment because state laws allow store owners to detain shoplifters

313. You are shopping in a department store. A store manager asks you to step into his office. He closes the door and

tells you he thinks you have hidden merchandise in your clothing. You say nonsense. He says you will sit there until

you confess or allow yourself to be searched. You refuse. He says, “We will see about that!” The two of you sit

there for an hour. Finally, he tells you to leave. This is probably:

a. not false imprisonment because you could have walked out

b. not false imprisonment because no physical force was used

c. not false imprisonment but may well be battery

d. not false imprisonment because state laws allow store owners to detain shoplifters

e. none of the other choices

314. Joe walks up behind Mary while at work. Joe grabs Mary and caresses her. Mary thinks Joe is a jerk and has

never encouraged him. She runs away. Mary could sue Joe for the tort of:

a. invasion of right to privacy

b. libel

c. assault

d. battery

e. false imprisonment

315. Joe sneaks up behind Mary at work. He grabs Mary and caresses her. Mary thinks Joe is a jerk and has never

encouraged him. She runs away. Mary could best sue Joe for the tort of:

a. invasion of right to privacy

b. libel

c. assault

d. defamation

e. none of the other choices would be the best tort

316. Joe finds Mary alone in the copy room at work. He closes the door, says “I know you really want me baby,” and

pins her against the wall, forcing her to be very close to him for 10 minutes while he tells her how much he wants

her. She keeps telling him to get away. There:

a. is no tort here; the required elements did not occur

b. is no tort here because Mary was not injured and she could have ducked under his arms and gotten away

easily

c. is no tort here because, even though Joe is a jerk in Mary‘s eyes, he was only kidding and there was no

damage

d. is no tort here because Mary should know that Joe is not really dangerous, just a jerk

e. may be torts of assault, battery, and false imprisonment

317. Joe finds Mary alone in the copy room at work. He closes the door, says “I know you really want me baby,” and

pins her against the wall, forcing her to be very close to him for 10 minutes while he tells her how much he wants

her. She keeps telling him to get away. There:

a. is no tort here; the required elements did not occur

b. is no tort here because Mary was not injured and she could have ducked under his arms and gotten away

easily

c. is no tort here because, even though Joe is a jerk in Mary‘s eyes, he was only kidding and there was no

damage

d. is no tort here because Mary should know that Joe is not really dangerous, just a jerk

e. none of the other choices

318. Joe goes to a bar. He gets into an argument with Danny about the merits of Monday Night Football. They start to

fight and Joe ends up kissing the barroom floor. Joe can sue Danny:

a. for assault and battery and probably win

b. for battery only and probably win

c. but Danny will probably successfully argue self-defense

d. but Danny will probably successfully claim the defense of excused harm

e. for damage to reputation because everyone laughed at him

319. Mary, who has developed a deep hatred of Joe, disguises her voice and calls him one night claiming to be a nurse at

a hospital in the city where Joe‘s parents live and tells him that his parents have just been killed in a car accident.

Joe would be most likely to win a tort suit for:

a. assault and battery

b. intentional infliction of emotional distress

c. libel

d. invasion of privacy

e. none of the other choices; he caused Mary’s behavior

320. Joe files for bankruptcy in federal court. Liz, a reporter, finds out about this public document and prints a story in

the newspaper about Joe’s bad finances. Joe sues Liz for invasion of privacy. In this case, Joe has:

a. a case of false light against Liz

b. a case of appropriation against Liz

c. a case of public exposure of private facts against Liz

d. a case of intrusion of solitude against Liz

e. no case against Liz

321. Joe hands Mary a note he wrote that calls her terrible names, accuses her of horrible personal acts, and all sorts of

other nonsense. Mary can bring a successful suit for:

a. libel

b. slander

c. defamation

d. battery

e. none of the other choices

322. Mary is running for the School Board. Joe tells people that Mary was convicted of prostitution several times. This is

true, but the revelation is distressing to Mary who is now successful in business and has put her past behind her.

Most likely, Mary will:

a. win a libel suit against Joe

b. win a slander suit against Joe

c. win a false imprisonment suit against Joe

d. win a defamation suit against Joe

e. lose a suit for a, b, c, or d against Joe

323. Senator Hotair, Mary’s uncle, has become disgusted with Joe. At a press conference the Senator attacks Joe,

calling him names, saying he is a disgusting person and must be crazy. This is printed widely. Joe wants to sue the

Senator for defamation. He can sue:

a. and possibly win

b. but will lose because the Senator is a public figure

c. but will lose because Joe is a private figure, so public comments about him are irrelevant

d. but will lose because members of Congress have immunity from suits for their statements

e. but will lose because of the free speech and debate clause of the Constitution

324. Senator Hotair, Mary’s uncle, has become disgusted with Joe. At a press conference the Senator attacks Joe,

calling him names, saying he is a disgusting person and must be crazy. This is printed widely. Joe wants to sue the

Senator for defamation. He can sue:

a. but will lose because the Senator is a public figure

b. but will lose because Joe is a private figure, so public comments about him are irrelevant

c. but will lose because members of Congress have immunity from suits for their statements

d. but will lose because of the free speech and debate clause of the Constitution

e. none of the other choices

325. Dee, a debt collector, calls old Mr. Thompson ten times a day about his debts. She calls him names and threatens to

have him beat up. This causes him severe anxiety attacks each time they speak. Dee may be best sued for:

a. defamation

b. battery

c. fraud

d. infliction of emotional distress

e. nothing since Thompson owed the money

326. The tort of invasion of privacy may be committed in which of the following ways?

a. Pepsi uses Tiger Woods’ name in its advertising, without his permission

b. your employer wiretaps your phone line because he suspects you are a corporate spy

c. Mary Smith prints in the company newsletter that you are a cocaine addict

d. in a story on domestic violence, the local paper names you as a spouse beater; but that is not true

e. all of the other choices may be torts of invasion of privacy.

327. One day while Phil is out shopping, George searches Phil’s home for evidence he could use to blackmail Phil.

George finds nothing, causes no damage, and puts everything back in order before he leaves. George could most

likely be sued for:

a. assault

b. false imprisonment

c. private nuisance

d. disparagement

e. invasion of privacy

328. One day while Phil is out shopping, George searches Phil’s home for evidence he could use to blackmail Phil.

George finds nothing, causes no damage, and puts everything back in order before he leaves. George could most

likely be sued for:

a. assault

b. false imprisonment

c. private nuisance

d. disparagement

e. none of the other choices

329. You look at a box of cereal in the grocery store and, to your surprise, see your photo on it. You may probably sue

for the tort of:

a. assault

b. malicious prosecution

c. invasion of privacy

d. defamation

e. none of the other choices

330. Gray worked for AT&T. She was accused of falsifying records to create an excuse for her absences and was

fired. AT&T managers discussed this matter with a company that handled its unemployment benefits claims, as she

filed for benefits. Gray contended the discussion was defamatory and sued AT&T. The court would be likely to

hold that Gray had:

a. no claim; the discussion was in the ordinary course of business

b. no claim because federal legislation allows employers to discuss such work-related matters

c. no claim because all states have statutes that provide protection for employers against such suits, as does the

law in most states

d. a claim because the accusation was not shown to be correct and injured her ability to obtain further

employment

e. none of the other choices

331. You tell people that someone you dislike is a child molester. This is not true. You most likely committed the tort of:

a. libel

b. assault

c. defamation per se

d. invasion of privacy

e. malicious prosecution

332. You tell people that someone you dislike is a child molester. This is not true. You most likely committed the tort of:

a. libel

b. assault

c. invasion of privacy

d. malicious prosecution

e. none of the other choices

333. Mike‘s is a highway construction company. Mike’s is laying a highway through the mountains in West Virginia. At

one spot they have to blast a hole through some rocks. Myra is hiking along the side of the road when the explosion

occurs. She is thrown down by the explosion and breaks her leg. If she sues Mike’s, she will:

a. lose based on consent

b. lose based on assumption of risk

c. lose based on contributory negligence

d. win based on strict liability

e. will win based on intentionality

Fact Pattern 6-1

E-Z Rid disposes of toxic wastes. Elmo worked for E-Z. He contacted clients, negotiated contracts, and oversaw

the daily operations at E-Z. The company is so busy its safety procedures are overlooked to get all the work done.

Elmo knew safety lapses at E-Z (including improperly burying toxic waste) were common, but he overlooked this

because he wanted the company to succeed.

Elmo happy until one day he and Jo Wong, president of the E-Z, had an argument. Elmo quit and began to look for

another job. Extracto, a rival of E-Z, needed someone like Elmo. He interviewed and thought he would get the job.

But when Extracto got a letter describing Elmo‘s work, they told him they could not hire him. Jo had written a

negative and partly untrue account of his work record.

Elmo started his own business and contacted many of E-Z’s clients. He told them that E-Z was having safety

problems, that they could be financially liable for E-Z’s negligence, and that Jo was unstable. Many of E-Z’s

customers switch to do business with Elmo.

When Jo discovered what Elmo had done she was furious. She bought a one-page ad in the local paper which

stated that Elmo was a careless businessman whose business was bound to be awful, and who embezzled funds

from clients in the past (not true). Elmo then stormed onto E-Z’s property and went into Jo’s office. After calling

her a no–good liar, Elmo slapped her.

334. Refer to Fact Pattern 6-1. Jo’s ad asserts that Elmo embezzled funds (untrue) and that Elmo is careless (probably

true). If Elmo sues Jo over the ad, what would he be suing for?

a. severe embarrassment

b. invasion of personal property

c. trespass

d. assault

e. libel

335. Refer to Fact Pattern 6-1. Jo’s letter to Extracto concerning Elmo’s work record was partly true and partly untrue.

If Elmo sued Jo and E-Z based on the untruths, on what theory would he base his claim:

a. appropriation of likeness

b. disparagement

c. defamation

d. negligence

e. invasion of privacy

336. Refer to Fact Pattern 6-1. Elmo‘s reaction to Jo‘s one-page advertisement may subject him to which legal action(s)

by Wong:

a. battery

b. conversion

c. trespass

d. all of the answers apply

e. none of the answers apply

337. Refer to Fact Pattern 6-1. If, after slapping Jo, Jo kicks Elmo, Elmo may sue her for:

a. battery, but he’ll probably lose

b. assault, but he‘ll probably lose

c. battery, and he’ll win

d. assault, and he‘ll win

e. none of the answers apply

338. Refer to Fact Pattern 6-1. If Elmo had entered Jo’s office and threatened to hit her, but never did, Elmo might face

a charge of:

a. negligence

b. invasion of privacy

c. assault

d. private nuisance

e. disparagement