1. The purpose of tort law is to punish criminal wrongdoers.
1. Perpetrator is the term for a person who commits a tort.
1. Defense of others is a defense to an allegation of battery.
1. False imprisonment is a legal term for “privilege to detain.”
1. Repeated annoyances coupled with threats are sufficient to recover for
the infliction of emotional distress.
1. A person may not be liable for a defamatory statement if he or she
enjoys a privilege.
1. The use of a person’s likeness for commercial purposes without permis–
sion is not an invasion of privacy.
1. Malicious prosecution can occur if a party initiates a lawsuit out of
malice.
1. Competitive behavior is wrongful interference if it results in the breaking
of a contract.
1. If it can be shown that a trespass to personal property was warranted,
a complete defense exists.
1. A failure to return personal property may be conversion even if the
rightful owner consented to the initial taking.
1. Under the theory of negligence, a breach of the duty of care requires a
careless act.
1. A business that invites persons to come onto its premises is charged
with a duty to exercise reasonable care to protect those invitees.
1. Some risks are obvious but, with respect to the duty of care required
to establish negligence, a warning is always necessary.
1. Causation in fact exists if an injury would not have occurred without the
defendant’s act.
1. The law establishes limits to liability for negligence through the concept
of proximate cause.
1. Assumption of risk can be raised as a defense in a negligence suit.
1. Only a foreseeable intervening event can break the connection
between a wrongful act and an injury to another.
1. In many states, the plaintiff’s negligence is a defense that may be
raised in a negligence suit.
1. Negligence per se may occur on the violation of a statute.
1. Toni files a suit against Universal Media Corporation for defamation.
Actual malice must be shown for recovery of damages if Toni is
a. a corporate officer.
b. a non-employee.
c. a private individual.
d. a public figure.
1. Teresa is a celebrity. Without her permission, Sinclair Enterprises in–
cludes in an ad an image that resembles her. Sinclair does not use
Teresa’s name or actual likeness. This is most likely
a. appropriation.
b. conversion.
c. no tort.
d. slander of quality.
1. Nesbit publishes in a newspaper an account of the sex life of Merinda,
who is not a public figure. The information is true. This is most likely
a. an invasion of privacy.
b. defamation.
c. trespass to personal property.
d. wrongful interference with a contractual relationship.
1. Field Trenchers Inc. initiates a lawsuit against its competitor Master
Excavators Inc. out of malice and without probable cause. Master
suffers a loss of profits due to the litigation, but Field loses the suit.
Field is most likely liable for
a. abuse of process.
b. malicious prosecution.
c. no tort.
d. wrongful interference with a business relationship.
1. Obie accuses Portia, a broker with QT Financial Services, of
fraudulently inducing him to invest in Riske Development Company,
whose stock price declines in value. The reliance that gives rise to
liability for fraud requires
a. a subjective, not an objective, statement.
b. misrepresentation of a fact knowing that it is false.
c. puffery.
d. seller’s talk.
1. Bargain Bytes Computers, a computer store, takes unethical steps to
divert the customers of Cyber World, an adjacent competing store.
Bargain Bytes may be liable for
a. appropriation.
b. wrongful interference with a business relationship.
c. intentional infliction of ethical distress.
d. conversion.
1. Superior Health Club’s marketing strategies entice many of Tone-Up
Exercise Club’s members to change clubs. After less than a year in
business, Superior surpasses Tone-Up in numbers of members.
Superior is liable for
a. appropriation.
b. conversion.
c. no tort.
d. wrongful interference with a business relationship.
1. Oak Valley Mall contains two video game stores, Pirates Pick and
Game Quest. Pirates’s manager Ryan stands in the mall near Game
Quest’s entrance to divert customers to his store. Game Quest’s
manager Sara asks Ryan to leave. He refuses. Ryan has committed
a. conversion.
b. no tort.
c. trespass to land.
d. wrongful interference with a business relationship.
1. Federico enters Gunther’s property to read an electric meter. Gunther
charges Federico with trespass to land. Federico has
a. a complete defense.
b. a partial defense.
c. a possible defense.
d. no defense.
1. Hilliard, a clerk at a Games Unlimited store, takes a video game player
from the store without permission. Hilliard is liable for
a. appropriation.
b. conversion.
c. disparagement of property.
d. wrongful interference with a business relationship.
1. Levon leaves his truck at MakeRight Vehicle Shop for repair. When
Levon refuses to pay for the work, MakeRight refuses to give him
possession of the truck. MakeRight has committed
a. malicious prosecution.
b. no tort.
c. trespass to personal property.
d. wrongful interference with a contractual relationship.
1. Kelly is injured when she slips and falls on Lee’s sidewalk. To
determine whether Lee owed a duty of care to Kelly, Lee is subject to
the standard of
a. a realistic person.
b. a reasonable person.
c. a recognizable person.
d. a reliable person.
1. Pier shops in a Rowdy Ranch & Farm Store store. Enticed by a
display, Pier takes an item to examine it and, when she is done,
places it on the floor. Tanner, a consumer enticed by the same display,
does not see the item on the floor, trips over it, falls, and suffers an
injury. With respect to the danger, Rowdy had
a. a duty to advise its patrons that they assume all such risks.
b. a duty to discover and remove the hazard.
c. a duty to carry insurance to cover such risks.
d. no duty.
1. Joe sees Karo floundering in Lake Rough Waters. Joe is liable on the
ground of negligence
a. if Joe attempts to rescue Karo and Karo drowns.
b. if Joe does not attempt to rescue Karo and Karo drowns.
c. if Joe does not attempt to rescue Karo whether or not Karo
drowns.
d. under no circumstances.
1. Dirk is driving a sport utility vehicle in which Elin is a passenger when
they are involved in a traffic accident, and Elin is injured. Liability may
be imposed on Dirk for Elin’s injury if Dirk’s driving is
a. neither the causation in fact nor the proximate cause of the
injury.
b. only the causation in fact of the injury.
c. only the proximate cause of the injury.
d. the causation in fact and the proximate cause of the injury.
1. Molly shoots Norm with Opal’s pistol. The proximate cause of Norm be–
ing shot is most likely attributable to
a. Molly and Opal.
b. Molly only.
c. Opal only.
d. neither Molly nor Opal.
1. Leo slips and falls in Mornin’ Breakfast Café and is injured. Leo files a
suit against Mornin’ for $50,000. If Leo is 20 percent at fault and
Mornin’ is 80 percent, under a contributory negligence doctrine, Leo
would recover
a. $0.
b. $25,000.
c. $40,000.
d. $50,000.
1. Taylor slips and falls in Urban Mall and is injured. She files a suit
against the mall for $500,000. Under a “pure” comparative negligence
rule, Taylor could recover damages
a. only if both parties were equally at fault.
b. only if Taylor was less than 50 percent at fault.
c. only if Taylor was more than 51 percent at fault.
d. under any circumstances.
1. A Rhode Island state statute imposes fines on tire repair
businesses whose pneumatic equipment does not include automatic shut-off
switches to protect employees. Bob’s Brakes & Tires, Inc., does not have the
switches on its equipment. Carter, a Bob’s employee, suffers an injury that a
shut-off switch would have prevented. Carter’s best theory for recovery is
a. assumption of risk.
b. a dram shop act.
c. a Good Samaritan statute.
d. negligence per se.
1. Drake pushes Evon into the path of an oncoming car driven by Flip.
Gina tries to rescue Evon, but the car hits both of them. Drake is liable
for the injuries of
a. Evon and Gina.
b. Evon only.
c. Gina only.
d. neither Evon nor Gina.
1. Stanford Engineering, Inc., and Cornell Code Corporation market com–
petitive software products. Stanford launches an advertising campaign
claiming that Cornell, instead of testing its software before it is mar–
keted, has its customers “test” the software by using it. Cornell knows
this is not true but begins to lose sales to Stanford. On what grounds
could Cornell sue Stanford for injury to Cornell’s reputation?
1. A water pipe bursts, flooding an Invidious Workplace Company utility
room and tripping the circuit breakers on a panel in the room. Invidious
contacts Jordan, a licensed electrician with five years experience, to
check the damage and turn the breakers back on. Without testing for
short circuits, which Jordan knows that she should do, she tries to
switch on a breaker. Jordan is electrocuted and disabled, but survives
to sue Invidious for damages, alleging negligence. What might Invidious
claim in defense?
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