C H A P T E R 9
Torts and Privacy Protection
TRUE-FALSE QUESTIONS
1. A tort is a type of civil or criminal wrong.
2. Intent cannot be implied.
3. Intent may be transferred.
4. A professional athlete injured during practice is deemed to have consented to the physical contact
attendant to practice.
5. The tort of false imprisonment requires that the plaintiff either knew he or she was confined or
suffered harm as a result of the confinement.
6. Trespass to personal property and conversion are different names for the same tort.
7. A single set of facts may give rise to claims under more than one tort.
8. Assumption of risk is a defense to the tort of negligence.
9. The tort of intentional infliction of emotional distress protects a person’s right to peace of mind.
10. The Class Action Fairness Act of 2005 moved many class actions from federal courts into state
courts.
11. The Federal Trade Commission takes the position that it is an unfair or deceptive trade practice
under the Federal Trade Commission Act for firms to fail to honor their own privacy policies.
12. Trespass may occur below the surface of land.
13. Playing loud music late at night for recreation in a residential neighborhood can constitute a private
nuisance.
14. The tort of conversion requires that the defendant know that the goods belonged to the plaintiff.
15. France requires bystanders to try and help those in danger if trying to help will not put the bystanders
at risk.
16. Under the Children’s Online Privacy Protection Act, websites are prohibited from collecting
personal information from children regardless of whether parental consent is obtained.
17. In most states shopkeepers who detain and later release a shoplifter may be held liable for false
imprisonment even if the detention was reasonable and based on reasonable cause.
18. An employer may not be held directly liable under tort law for the failure to use care in issuing a
reference.
19. The United States is regarded as providing adequate privacy protection under privacy laws of the
European Union.
20. Tort damages generally attempt to restore the plaintiff to the same position he or she was in before
the tort occurred.
MULTIPLE-CHOICE QUESTIONS
1. Which of the following is true regarding battery?
A. Battery is the negligent, nonconsensual, harmful or offensive contact with the plaintiff’s body or
with something in contact with it.
B. Battery is the intentional, nonconsensual, harmful or offensive contact with the plaintiff’s body
or with something in contact with it.
C. Battery is the intentional, consensual, harmful or offensive contact with the plaintiff’s body or
with something in contact with it.
D. Battery is the negligent, consensual, harmful or offensive contact with the plaintiff’s body or
with something in contact with it.
2. Which of the following is true regarding assault?
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A. Assault is an intentional, nonconsensual act that gives rise to the apprehension that a harmful
or offensive contact is imminent.
B. Assault is an intentional, nonconsensual act that gives rise to the fear that a harmful or
offensive contact is imminent.
C. Assault is a negligent, nonconsensual act that gives rise to the apprehension that a harmful or
offensive contact is imminent.
D. Assault is a negligent, nonconsensual act that gives rise to the fear that a harmful or offensive
contact is imminent.
3. The wrongful interference with the right to the quiet use and enjoyment of land is associated with the
tort of
A. trespass.
B. nuisance.
C. ultra hazardous activities.
D. strict liability.
4. Which of the following does not involve liability for an intentional tort?
A. A defendant is found liable for battery
B. A defendant is found liable for false imprisonment
C. A defendant is found liable based on successor liability
D. A defendant is found liable for invasion of privacy
5. Which of the following was the result in Bodah v. Lakeville Motor Express, Inc., the case in the text
involving whether a company violated its employees’ right to privacy by transmitting their names
and Social Security numbers to managers in the company in an unsecured manner that could lead to
identity theft?
A. The court ruled that publication occurred and that the employees could proceed with a cause of
action based on invasion of privacy.
B. The court ruled that the employees had no right to privacy in relation to distribution of social
security numbers because the numbers are issued by the government.
C. The court ruled that the employees could not proceed with an action for invasion of privacy
because no publication of the information at issue occurred.
D. The court ruled that the employees could not proceed with an action for invasion of privacy
because health information was not involved.
6. Spoken defamation is known as
A. libel.
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B. slander.
C. malicious intent.
D. invasion of privacy.
7. Written defamation is known as
A. libel.
B. slander.
C. malicious intent.
D. invasion of privacy.
8. Which of the following was the result in Labaj v. VanHouten, the case in the text involving whether
in order to find an employer negligent for failing to protect an employee from being attacked by a
dog, the dog had to have abnormally dangerous propensities?
A. That an employer had no duties in regard to an animal on the premises because of the rule that
animals cannot be absolutely controlled under any circumstances.
B. That an employer can be held strictly liable for failing to protect an employee from getting
attached by a dog, even if the dog is not known to possess abnormally dangerous propensities.
C. That an employer cannot be negligent for failing to protect an employee from getting attached by
a dog unless the dog is not known to possess abnormally dangerous propensities.
D. That an employer can be negligent for failing to protect an employee from getting attached by a
dog, even if the dog is not known to possess abnormally dangerous propensities.
9. Which of the following was the result in Burlarley v. Wal-Mart Stores, Inc. involving whether an
employer may be held vicariously liable for injury to a customer caused by an employee who was
joking around during her shift and threw items in the plaintiff’s face?
A. That liability on the part of the store existed because the store lacked a policy discouraging
joking with customers.
B. That liability on the part of the store existed because the wrongful acts occurred within the
employee’s scheduled working hours.
C. That no liability on the part of the store existed because the store did not have a policy
encouraging joking with customers.
D. That no liability on the part of the store existed because the cashier acted for personal reasons,
not in furtherance of any duty owed to the store.
10. Which of the following is the exercise of dominion and control over the personal property, rather
than the real property, of another?
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A. Conversion
B. Trespass
C. Invasionary deceit
D. Both conversion and trespass
11. What does the term respondeat superior mean?
A. Let the master answer
B. Let the servant answer
C. Let the servant or master answer
D. The master was negligent
12. Which of the following was the result in Lev v. Beverly Enterprises-Massachusetts, Inc., the case in
the text involving whether an employer could e held liable for negligence when an intoxicated
employee causes an automobile accident after leaving a restaurant where he discussed work with his
supervisor over drinks?
A. That based upon the principle of vicarious liability, the employer was liable to the plaintiff
injured in the accident.
B. That under an employer-hose theory, the employer was liable to the plaintiff injured in the
accident.
C. That based upon violations of its own alcohol-abuse policy, the employer was liable to the
plaintiff injured in the accident.
D. That the employer was not liable to the plaintiff injured in the accident.
13. Which of the following are the three main credit agencies in the U.S.?
A. Equifax, Absolute, and Assure
B. Assure, TransUnion and Equifax
C. Assure, Experian, and Equifax
D. Experian, Equifax, and TransUnion
14. Paul attempted to hit Bruce without good cause; but Bruce ducked, and Paul hit Alice instead. Alice
was shocked when she felt the blow because she had been looking the other way and did not see it
coming. Which of the following is true regarding the cause of action, if any, Alice would have
against Paul?
A. Alice would not have any cause of action against Paul because he hit her by accident.
B. Based on the theory of transferred intent, Alice would have a cause of action against Paul for
assault.
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C. Based on the theory of transferred intent, Alice would have a cause of action against Paul for
assault and battery.
D. Based on the theory of transferred intent, Alice would have a cause of action against Paul for
battery.
15. In which of the following situations would the doctrine of res ipsa loquitur apply?
A. A truck backed into a fence.
B. A jar of jam fell on your foot.
C. A post operative x-ray showed a surgical sponge in your stomach.
D. A door slammed on your foot.
16. Under the doctrine of ________, the plaintiff’s negligence is an absolute bar to recovery against the
defendant.
A. contributory negligence
B. comparative negligence
C. contribution
D. indemnity
17. The tort of negligence does not include the element of ______.
A. duty
B. causation
C. fault
D. intent
18. Which of the following is not a part of the measure of compensatory damages?
A. The cost to repair or replace an item.
B. The decrease in market value of an item.
C. Compensation for medical expenses.
D. Damages to deter others from engaging in similar conduct.
19. The U.S. Supreme Court has held that in order for a public official or public figure to recover
damages for defamation by a media defendant, there must be a showing of
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A. intent.
B. negligence.
C. actual malice.
D. invasion of privacy.
20. __________ is the publication of statements derogatory to the quality of the plaintiff’s business, to
the business in general or to the plaintiff’s personal affairs in order to discourage others from dealing
with him or her?
A. Disparagement
B. Critical falsehood
C. Defamation
D. Malicious derogatorism
21. What must a plaintiff show to successfully sue for malicious prosecution?
A. That a prior proceeding was instituted against him or her maliciously and without probable
cause or factual basis.
B. That a prior proceeding was instituted against him or her maliciously and without probable
cause or factual basis, and that the earlier case was resolved in the plaintiff’s favor.
C. That a prior proceeding was instituted against him or her negligently and that the earlier case
was resolved in the plaintiff’s favor.
D. That a prior proceeding was instituted maliciously, that the plaintiff was a public official or
public figure, and that the earlier case was resolved in the plaintiff’s favor.
22. The _________ doctrine imposes liability for physical injury to child trespassers caused by artificial
conditions on the land.
A. negligence per se
B. foreseeable trespasser
C. attractive nuisance
D. respondeat superior
23. Minerva told Prudence that Prudence could park her farm tractor on Minerva’s land but only for
one month. Two months later, Minerva is annoyed because the farm tractor is still on her land; and
Prudence refuses to move it. Which of the following causes of action, if any, would Minerva have
against Prudence?
A. Trespass
B. Nuisance
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C. Negligence
D. Trespass and nuisance, but not negligence
24. Which of the following is true regarding the Gramm-Leach-Bliley Financial Modernization Act?
A. It requires that financial institutions provide privacy protections to consumers, that customers be
given notice before the sharing of personal information with other entities occurs, and that customers
be given the right to opt out of disclosures to third parties.
B. It requires that financial institutions provide privacy protections to consumers and that
customers be given notice before the sharing of personal information with other entities occurs, but
not that customers be given the right to opt out of disclosures to third parties.
C. It requires that financial institutions avoid giving out specific information about the amount of
funds in customer accounts, but other customer information may be given to third parties without
providing customer notification.
D. It addresses the amount of financial reserves a bank must hold and bank lending practices, but it
does not address customer privacy concerns.
25. Which of the following is the best defense to negligence?
A. The plaintiff was a friend of the defendant.
B. The defendant did not intend to harm the plaintiff.
C. The defendant was concerned for the safety of the plaintiff.
D. The plaintiff contributed to his own injuries.
26. A court order prohibiting a defendant from continuing a certain activity would be called a(n)
_________.
A. injunction
B. indictment
C. edict
D. due care order
27. Under the doctrine of _______ liability, once the court determines that multiple defendants are at
fault, the plaintiff may collect the entire judgment from any one of them, regardless of the degree of
that defendant’s fault.
A. joint and individual liability
B. cumulative liability
C. contributory liability
D. joint and several
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28. Under the doctrine of ________, the plaintiff may recover only the proportionate amount of damages
attributable to the defendant’s negligence
A. contributory negligence
B. comparative negligence
C. contribution
D. indemnity
29. Under which of the following systems may a plaintiff recover for any amount of the defendant’s
negligence, even if the plaintiff was the more negligent party?
A. Pure comparative negligence
B. Ordinary comparative negligence
C. Contributory negligence
D. Assumption of the risk
Fact Pattern 9-1 (Questions 30-31 apply)
Frank belongs to the same country club as his former physician, Dr. Bozo. Frank recently started
dating Dr. Bozo’s former wife, Alice, and decided to find a new physician. Frank found out that Dr.
Bozo has been telling their mutual friends at the club about Frank’s high blood pressure and
problems with anxiety. Frank is very angry, confronts Dr. Bozo on the golf course, and tells him
that he is going to sue him under a federal law protecting medical information. Dr. Bozo laughs and
says in front of a number of Frank’s golfing buddies, “I’m not surprised that you’re going nuts and
that you have high blood pressure – hanging out with Alice has done that to many a man.”
30. Refer to fact pattern 9-1. Is there any federal law prohibiting Dr. Bozo from revealing Frank’s
medical history?
A. There is no such federal law.
B. There is a federal law called the Health Insurance Portability and Accountability Act that
prohibits the revelation of private medical information by health care providers.
C. There is a federal law called the Gramm-Leach-Bliley Act that prohibits the revelation of private
medical information by health care providers.
D. There is a federal law called the Physician-Nurse Privacy Act that prohibits the revelation of
private medical information by health care providers.
31. Refer to fact pattern 9-1. What right of action, if any, would Frank have against Dr. Bozo?
134 MANAGERS AND THE LEGAL ENVIRONMENT
A. He has no cause of action against Dr. Bozo because the law does not protect this type of invasion
of privacy so long as Dr. Bozo was being truthful regarding his health condition.
B. He could sue Dr. Bozo under a federal statute enacted to protect privacy rights.
C. He could not sue Dr. Bozo directly under any federal statute enacted to protect privacy rights, but
he could likely prevail in a common law action for the public disclosure of private facts.
D. He could not sue Dr. Bozo under federal law for invasion of privacy nor could he sue under a
common law cause of action, but only because he was no longer Dr. Bozo’s patient.
Fact Pattern 9-2 (Questions 32-33 apply)
Blake lives in a jurisdiction that applies joint and several liability along with the doctrine of
contribution. He was involved in a very unfortunate motor vehicle accident. Tony hit Blake’s new
Mercedes in the rear just as Cathy crossed the center line and sideswiped him. Blake’s car was
severely damaged, and Blake suffered from whiplash for a few weeks. Blake sued both Tony and
Cathy. It was determined at trial that both Tony and Cathy were negligent, that Blake was not
negligent, that Tony was 60% responsible for Blake’s injuries, that Cathy was 40% responsible for
Blake’s injuries, and that Blake’s total damages were $100,000.
32. Refer to fact pattern 9-2. Assuming she has the financial resources or sufficient insurance, can Blake
recover the entire $100,000 from Cathy?
A. Yes.
B. No, but only because she was found to be less at fault than Blake.
C. No, because joint and several liability is in effect.
D. Only if Blake can establish that Tony is insolvent can he recover the entire amount from Cathy.
33. Refer to fact pattern 9-2. Assume Tony or his insurer pays the entire amount and then attempts to
recoup amounts from Cathy. Could Cathy be held liable for any amounts?
A. Yes, she could be required to pay her proportional share under a contribution theory.
B. Yes, she could be required to pay her proportional share under an indemnification theory.
C. No, she could not be required to pay under either a contribution or an indemnity theory.
D. No, she could not be required to pay but only because she was less at fault.
Fact Pattern 9-3 (Questions 34-35 apply)
Alex and Blake got into a heated argument because Alex asked Blake’s girlfriend out on a date.
Blake decided that he wanted to scare Alex and drew back his fist to hit Alex. He stopped just as he
was about to strike Alex in the nose. Alex yelled out, “You didn’t scare me. I was ready for a
fight!” Later, Alex decides that he would like to sue Blake and asks your advice on issues involving
assault and battery.
34. Refer to fact pattern 9-3. What would you tell Alex regarding whether he should sue Blake for
committing an assault?
A. That it appears that the necessary elements are present for him to succeed in an action against
Blake for assault so long as he can show apprehension of being struck.
B. That he could not win in an action for assault because he admitted that he was not afraid.
C. That he could not win in an action for assault because Blake did not actually strike him.
D. That he could not win in an action for assault because it appears that Blake’s actions were
justified.
35. Refer to fact pattern 9-3. What would you tell Alex regarding whether he should sue Alex for
committing a battery?
A. That it appears that the necessary elements are present for him to succeed in an action against
Blake for battery so long as he can show apprehension of being struck.
B. That he could not win in an action for battery because he admitted that he was not afraid.
C. That he could not win in an action for battery because Blake did not actually strike him.
D. That he could not win in an action for battery because it appears that Blake’s actions were
justified.
ESSAY QUESTIONS
1. Blastco is an expert demolition company. During the process of leveling some land, Blastco fell
behind in their schedule and used twice the normal amount of dynamite to blast some hills. When a
charge exploded, the blast broke several of the windows in Paul’s home. Paul lives near the blast
site. What theory or theories may Paul use to recover damages from Blastco? Discuss fully.
2. Paul is suing Dan for negligence arising out of a boating accident. What are the elements that Paul
must prove in order to win his case? Discuss fully.
3. John has just learned that the latest issue of The Blurb, the local school newspaper, has referred to
him as a “liar, cheat, and a lousy student.” In fact, John is only a lousy student; he is a very honest
person. Explain in detail what theory John can use to recover damages from The Blurb. What
defenses are available to the newspaper?
4. Define and explain the theory behind the economic loss rule.
5. Bill, a student at State University, needed a way to get some cash quickly. He took a photograph of
State University’s head cheerleader, Marla, and started selling jerseys with her photograph on the
back under the caption of “She’s Hot.” Marla wants to sue for defamation. She asks you if she
could win on a defamation claim and if there is anything else for which she should sue. Discuss the
elements of the legal theories involved and what you should tell Marla.
6. Set forth the majority rule in relation to an accountant’s liability for negligence to a third party with
whom the accountant does not have a contractual relationship as well as the source of the rule.
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