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1. The purpose of tort law is to provide remedies when legally protected
interests have been invaded.
1. Tortfeasor is the term for a person who commits a tort.
1. Self-defense is a defense to a charge of assault.
1. An act that causes indignity is sufficient to recover for the infliction of
emotional distress.
1. An individual’s right to privacy includes the exclusive use of his or her
likeness.
1. An unauthorized scan of a bank account can be an invasion of
privacy.
1. Bona fide competitive behavior can constitute wrongful interference with
a contractual relationship.
1. An artisan’s lien is a defense to a charge of trespass to personal
property.
1. Disparagement of property is another term for appropriation.
1. Under the theory of negligence, the duty of care requires an
intentional act.
1. An ordinary person standard determines whether allegedly negligent
conduct resulted in a breach of a duty of care.
1. The degree of care to be exercised in a situation can vary with a
person’s profession or occupation.
1. Causation in fact can be determined by use of the but-for test.
1. Proximate cause exists when injuries sustained were too remotely
connected to an incident to trigger liability.
1. A person assumes all risks associated with any activity in which he or
she participates.
1. A defense available in an action based on a negligence theory is that
the plaintiff failed to prove one or more of the required elements.
1. A superseding cause is an intervening event that imposes liability on a
defendant for injuries caused by the intervening event.
1. The doctrine of res ipsa loquitur applies if an event causing harm
does not normally occur in the absence of negligence.
1. Under the “danger invites rescue” doctrine, a person who tries to
rescue another individual from harm is liable for any injuries to the
individual.
1. An Internet service provider is generally not liable for publishing a
defamatory statement that comes from a third party.
1. 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.
1. 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.
1. 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.
1. 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. no tort.
1. 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.
1. 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.
1. 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.
1. Amber shops in a Breezy Bargains store, whose employee Connor
recently mopped the floor. Amber slips, falls, and suffers an injury.
Breezy is liable to Amber on a negligence theory if there was a “Wet
Floor” warning sign and
a. Amber cannot read it.
b. Amber was distracted by other patrons.
c. Amber was enticed by a nearby display.
d. Connor did not place the sign near the wet floor.
1. John sees that Kris is about to step into the path of an oncoming bus.
If John does not warn Kris of the danger, John is liable
a. only if Kris is injured.
b. only if Kris is not injured.
c. regardless of the consequences to Kris.
d. under no circumstances.
1. Leon files a suit against Moira, a medical doctor, alleging negligence.
As a physician, Moira is held to the standard of
a. a blameless individual.
b a faultless ordinary person.
c. a reliable professional.
d. a reasonable physician.
1. Nick sees Opal, a stranger, in peril, but does not attempt to rescue
her. Opal could successfully sue Nick for
a. negligence per se.
b nothing.
c. a violation of the “danger invites rescue” doctrine.
d. res ipsa loquitur.
1. Driving his sport utility vehicle negligently, Bart crashes into a
streetlight. The streetlight falls, smashing through the roof of a house,
killing Chris. But for Bart’s negligence, Chris would not have died.
Regarding the death, the crash is the
a. cause in fact.
b intervening cause.
c. proximate cause.
d. superseding cause.
1. Nadine is a spectator at the Metro City Softball Tournament, an athletic
competition. Regarding the risk of injury, Nadine assumes the risks
a. attributable to the tournament in any way.
b. different from the risks normally associated with the tournament.
c. greater than the risks normally associated with the tournament.
d. normally associated with the tournament.
1. Kay carelessly bumps into Lyle, knocking him to the ground. Kay has
committed the tort of negligence
a. only if Lyle is injured.
b. only if Lyle is not injured.
c. under any circumstances.
d. under no circumstances.
1. Clyde enters Desert Decathlon, an athletic competition in which Clyde
has often competed. Regarding the risk of injury, Clyde assumes the
risks
a. attributable to the Decathlon in any way.
b. different from the risks normally associated with the Decathlon.
c. greater than the risks normally associated with the Decathlon.
d. normally associated with the Decathlon.
1. An Illinois state statute requires commercial vehicle drivers to “fully
attend to the operation of the vehicle.” Jerry, a driver for Crosstown
Taxi Company, is driving and talking on his cell phone when his cab
collides with Kayla’s car, injuring her. Kayla’s best theory for recovery
against Jerry and Crosstown is
a. a Good Samaritan statutes.
b. negligence per se.
c. res ipsa loquitur.
d. the “danger invites rescue” doctrine.
1. 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. nothing.
1. In an emergency situation, Milena, an emergency medical technician,
renders aid to Lothar, who needs help. Lothar would most likely be
prohibited from suing Milena for negligence under
a. any circumstances.
b. a Good Samaritan statute.
c. a social host statute.
d. no circumstances.
1. 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.
1. 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.
1. 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?
1. Neal, a twelve-year-old, buys a pair of skis from Outdoor Outfitters
(OO), telling the salesperson that he has never been skiing but “really
wants to do it.” The salesperson urges Neal to take a lesson in the
sport before attempting a run, but Neal ignores the advice. On the first
run, Neal loses control, hits a tree, and is injured. Neal files a suit
against OO, alleging that it was negligent to have sold the skis to him,
when he was clearly too young and inexperienced. How might OO
defend itself?
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