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Torts Practice
Torts Practice
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Questions
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Answers
1
Strict tort liability is when you hold liability for injuries resulting from their actions, without proof?
False
True
2
Businesses are never liable for criminal activity on their premises
True
False
3
Intentional infliction of emotional distress imposes liability for conduct that exceeds allbounds of decency
False
True
4
The defense of shopkeeper’s privilege
State that shopkeepers may detain individuals for a reasonable time
None of the above
Applies to the tort of negligence
Applies to the tort of defamation
5
You are liable for this tort?
negligence
defamation
invasion of privacy
strict liability
6
If a plaintiff is found to be 15% responsible for her injuries, the defendant will have to pay 85% of the damages
False
True
7
Why should you use “allegedly” when discussing about a criminal suspect, who was charged but not yet convicted?
to avoid liability for assault
to avoid liability for invasion of privacy
most states require people to use “allegedly” by statute
to avoid liability for defamation
8
employers are not liable for defamation if the information that theydisclose about a former employee is provided
False
True
9
Which tort, if any, was committed by Wells Fargo?
defamation
assault
invasion of privacy
tortious interference with contract
10
If some users didn't use their names but a celebrities instead, what would a celebrity need to prove for defamation?
That the celebrity’s name was released using malice
Both a and b above
That the celebrity was not a user of the site
The celebrity had won an Oscar
11
Best practices when invoking the shopkeeper’s privilege include
Stopping shoplifters discreetly
Yelling, “stop thief” when a suspected thief leaves the store
Not using physical force unless the shoplifter’s uses physical force first
a and c only
12
The plaintiff needs both “but for” causation and “proximate cause” exists in anegligence case in order to recover
False
True
13
This action of the medical provider constitute
a violation of the (Hipaa)
invasion of privacy
both b and c
unauthorized appropriation
14
When you make false statements that injure a specific product
you are protected by an absolute privilege
you are liable for product disparagement
you are liable for contract interference
you are protected by a qualified privilege
15
Which of the following constitutes a defamatory statement (assuming the statementsare untrue)?
I don't care for him at all
He was dismissed for embezzlement from his last job
All people from Massachusetts are stupid
I don't think you'll be happy with their work
16
In order to prove negligence
both a and b
Proximate cause must be proven
None of the above
“but for” causation must be proven
17
Is The Impact Team guilty of a crime by stealing this data?
None of the answer choices are correct
No, because there is no actus reus in this case
No, data theft is not a crime
Yes, data theft is a crime
18
Tort reform is designed to help people that are injured by increasing the amount ofcompensation they receive under tort
True
False
19
If the DJ can prove his claims, the celebrity is liable for
intentional infliction of emotional distress
defamation
extortion
negligence
20
Asking a buyer to break its existing contracts with another supplier is contractinterference
False
True
21
The manager's action
none of the above
were excessive but will not result in any liability
constitute defamation
are protected by the shopkeeper's privilege
22
What tort has been committed?
assault
unauthorized appropriation
intentional infliction of emotional distress
defamation
23
Invasion of privacy includes
Appropriation of another’s name for commercial advantage
Intrusion into plaintiff’s private affairs
All of the above
Public disclosure of private facts
24
Which tort did the hackers commit by releasing the names of the users of the site to the public?
extortion
defamation
negligence
invasion of privacy
25
What was a validreason for the court to dismiss the case?
The fan was sleeping and the other statement were opinions
The fan could not prove that ESPN was telling the truth
ESPN committed intentional infliction of emotional distress
ESPN was not negligent
26
If US law applied and he sued the owners of there serve for his injuries, the reserve’s best defense would be
assumption of the risk
shopkeeper’s privilege
None of the answer choices are correct
comparative negligence
27
Truth is a complete defense to defamation
True
False
28
The track owner's best defense is
all of the above
contributory negligence
assumption of the risk
intervening forces
29
Which tort, if any, may have been committed by Wells Fargo?
invasion of privacy
defamation
tortious interference with contract
assault
30
Opinion commentary is not defamation
True
False
31
Letters of reference are usually exempt from liability for defamation as long as theemployer verifies the truth
False
True
32
The display of the checks is
protected by a qualified privilege
none of the above
defamation
an invasion of privacy
33
Comparative negligence means
None of the above
The plaintiff may not recover damages for any of his injuries
The plaintiff may recover damages for all of his injuries
The plaintiff’s damages will be reduced by the amount of damages he cause
34
Which of the following defenses to negligence serves as a complete bar to recovery?
comparative negligence
none of the state
both a and b
contributory negligence
35
She may recover how much from MacDonald’s?
20% of her damages
nothing
100% of her damages
80% of her damages
36
What torts are these agents liable for when they listened totelephone conversations without valid warrants?
intentional infliction of emotional distress
Invasion of privacy
defamation
Negligence
37
Tort of negligence is accidental harms that result from the failure to think through the consequences?
False
True
38
The elements of defamation are
A statement about a discernable business
Publication to a third party
All of the above
A statement about a business or person reputation or honesty is untrue
39
Intentional torts is done by parties committing intentional act?
True
False
40
To establish assumption of risk, the defendant must show that the plaintiff was aware of the risk
False
True
41
False imprisonment occurs when a person is detained for any period of time against his or her will
True
False
42
Physical damages are not required for liability for false imprisonment
False
True
43
Would the users of the website be able to win a lawsuit against the hackers for defamation?
Yes since damages were suffered by the users whose information was released
Yes, since release of information caused damage to the users reputations
Both a and b above
No, as long as they were actual users of the website
44
Punitive damage award against corporations and individuals cannot be limited.
False
True
45
Which Tort is this?
You may be liable for false imprisonment
You may be liable for contract interference
You are protected by an absolute privilege
You have a defense of shopkeeper’s privilege
46
To avoid liability for negligence, all persons are expected to behave as ordinary andreasonably prudent people
False
True
47
The tort of contract interference occurs when
the third party induces one of the parties to breach the original contract
there is a valid contract and the plaintiff is injured
the third party knew of contract
all of the above
48
constitutes defamation as long as it ispublished with malice or with reckless disregard for the truth
True
False
49
Comparative negligence reduces the plaintiff's recovery
False
True
