63
Chapter 6
Intentional Torts and Privacy
N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows.
N A question new to this edition of the Test Bank.
+ A question modified from the previous edition of the Test Bank.
= A question included in the previous edition of the Test Bank.
TRUE/FALSE QUESTIONS
A1. Tort is a French word for “court.”
A2. The purpose of tort law is to provide remedies when legally protected interests have
been invaded.
A3. Tortfeasor is the term for a person who commits a tort.
A4. To commit an intentional tort, one person must intend to harm a certain other
person.
64 TEST BANK A—UNIT TWO: TORTS AND CRIMES
A5. Self-defense is a defense to a charge of assault.
A6. False imprisonment can be a tort if confinement or restraint is unjustified.
A7. An act that causes indignity is sufficient to recover for the infliction of emotional
distress.
A8. An oral defamatory statement must be communicated to a third party to be
actionable.
A9. An individual’s right to privacy includes the exclusive use of his or her likeness.
A10. An unauthorized scan of a bank account can be an invasion of privacy.
A11. An unauthorized search is not an invasion of privacy.
A12. Normally, fraud occurs only when there is reliance on a statement of truth.
CHAPTER 6: INTENTIONAL TORTS AND PRIVACY 65
A13. Unintentionally causing a party to break a contract may constitute wrongful
interference with a contractual relationship.
A14. Bona fide competitive behavior can constitute wrongful interference with a
contractual relationship.
A15. An artisan’s lien is a defense to a charge of trespass to personal property.
A16. Conversion cannot occur when a person mistakenly believes that he or she is entitled
to the goods.
A17. Disparagement of property is another term for appropriation.
A18. An Internet service provider is generally not liable for publishing a defamatory
statement that comes from a third party.
A19. There are no state statutes regulating the use of spam.
A20. Federal law permits the use of unsolicited commercial e-mail but prohibits certain
types of spamming activities.
66 TEST BANK A—UNIT TWO: TORTS AND CRIMES
MULTIPLE CHOICE QUESTIONS
A1. Boris pushes Cordelia. She falls and breaks her arm. Boris is liable for the injury
a. if he intended to push Cordelia.
b. only if he did not intend to break Cordelia’s arm.
c. only if he had a bad motive for pushing Cordelia.
d. only if he intended to break Cordelia’s arm.
A2. At Parkside Bistro, Ogden believes that he was overcharged and shoves Nellie, the
waiter. Nellie sues Ogden, alleging that the shove was a battery. Ogden is liable
a. if Parkside did not overcharge Ogden.
b. if the shove was offensive.
c. if Ogden acted out of malice.
d. under no circumstances—the shove was not a battery.
A3. Deleon trespasses on Capital Corporation’s property. Through the use of reasonable
force, Capital’s security guard Brenda detains Deleon until the police arrive. Capital is
most likely liable for
a. abuse of process.
b. false imprisonment.
c. trespass to personal dignity.
d. none of the choices.
CHAPTER 6: INTENTIONAL TORTS AND PRIVACY 67
A4. Jaqy distributes a handbill among her neighbors accusing one of them—Ked—of being
a convicted sex offender. The statement is defamatory only if
a. a neighbor repeats it.
b. Ked suffers emotional distress.
c. the statement is true.
d. the statement is false.
A5. During a heated legislative debate, Representative Peony makes a statement of fact
damaging Senator Rose’s good reputation. Peony knows the statement is not true. In
this situation, Peony is most likely
a. liable for defamation.
b. not liable for defamation because only Rose’s reputation was hurt.
c. not liable for defamation because Peony enjoys a privilege.
d. not liable for defamation because nobody listens to such debates.
A6. 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. appropriation.
b. conversion.
c. wrongful interference with a customary relationship.
d. none of the choices.
68 TEST BANK A—UNIT TWO: TORTS AND CRIMES
A7. From a computer in a distant location, Sergio searches Tia’s personal computer
without her permission. Sergio is most likely liable for
a. appropriation.
b. conversion.
c. invasion of privacy.
d. no tort.
A8. 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. fraud if the statement is the truth.
b. fraud if Jim believes that this statement is not true.
c. fraud if Jim is stating his opinion, not the facts.
d. not fraud.
A9. 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. emotion.
b. fact.
c. illusion.
d. opinion.
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A10. 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. conversion.
b. trespass to personal property.
c. wrongful interference with a business relationship.
d. trade libel.
A11. OK Dry-Cleaning advertises so effectively that the regular customers of its competitor
Purity Cleaners patronize OK instead of Purity. This is
a. appropriation.
b. conversion.
c. wrongful interference with a contractual relationship.
d. none of the choices.
A12. Joy invites Ken into her apartment. Ken commits trespass to land if he
a. enters the apartment with fraudulent intent.
b. harms the apartment in any way.
c. makes disparaging remarks about Joy to others.
d. refuses to leave when Joy asks him to go.
A13. Jane enters onto Sam’s property to help someone in danger. If Sam charges Jane with
trespass to land, Jane has
a. no defense.
b. a possible defense.
c. a partial defense.
d. a complete defense.
70 TEST BANK A—UNIT TWO: TORTS AND CRIMES
A14. 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. appropriation.
b. disparagement of property.
c. trespass to personal property.
d. wrongful interference with a business relationship.
A15. Quin, a clerk at PC Computer Store, takes a computer from the store without PC’s
permission. Quin is liable for conversion
a. if he damages the computer.
b. if he does not have a good reason for taking the computer.
c. if he fails to prevent a theft of the computer from his possession.
d. under any circumstances.
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. conversion.
b. disparagement of property.
c. no tort.
d. wrongful interference with a business relationship.
A17. In a newspaper ad, Select Used Motors falsely accuses Top Value Vehicles, a
competitor, of selling stolen cars. Top Value’s sales decrease. Select has most likely
committed
a. defamation.
b. no tort.
c. slander of quality.
d. slander of title.
CHAPTER 6: INTENTIONAL TORTS AND PRIVACY 71
A18. An anonymous person posts online a defamatory message about Dewitt. Not knowing
the poster’s identity, Dewitt files a suit against “John Doe.” Using the authority of the
court, Dewitt can obtain from the poster’s Internet service provider
a. an apology.
b. damages.
c. the identity of the poster.
d. none of the choices.
A19. Oakley posts a defamatory remark about Pierre in “Roominate,” an online social network
maintained by SocNet, Inc., an Internet service provider. Most likely to be held liable for the
remark is
a. Oakley.
b. Pierre.
c. Roominate.
d. SocNet.
A20. From a location in Asia, Basil sends spam to U.S. e-mail addresses touting a variety of
deceptive scams in an attempt to dupe unwitting recipients into revealing their bank
account and credit card numbers. Under the U.S. Safe Web Act, the Federal Trade
Commission can
a. authorize the scamming of citizens in Asia.
b. do nothing.
c. share information with foreign agencies to investigate and prosecute.
d. undertake secret activities to destroy Asian servers.
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
72 TEST BANK A—UNIT TWO: TORTS AND CRIMES
the software is delayed, and Quik sustains $500,000 in lost profits. On what ground
could Quik recover damages from Retail Outlets?
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?