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Business Law 15th Edition by Jane P. Mallor -Test Bank

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  • ISBN-10 ‏ : ‎ 0073524980
  • ISBN-13 ‏ : ‎ 978-0073524986

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Business Law 15th Edition by Jane P. Mallor -Test Bank

Chapter 06
Intentional Torts

True / False Questions

1. The burden of proof in a tort case is a preponderance of the evidence.

True False

2. A Tort is civil wrong which is also the same as breach of contract.

True False

3. Under the principle of “Respondeat Superior,” an employer is not liable for torts committed by employees.

True False

4. For a battery to exist, the victim must be aware of a harmful or offensive contact at the time that contact occurs.

True False

5. The best defense for battery is the free and intelligent consent given.

True False

6. In the case of false imprisonment, the plaintiff must be under confinement for a long time.

True False

7. Television and radio broadcasts usually are classified as slander rather than as libel because they involve spoken words rather than written ones.

True False

8. Generally speaking, statements made during judicial proceedings are absolutely privileged and, therefore, shield against defamation liability.

True False

9. Defamation liability requires publication of the defamatory statement to an appreciable number of people.

True False

10. Public figure Pam sues a newspaper for defamation based on statements regarding her stand on a public issue. Pam must prove the newspaper’s “actual malice” in order to recover any damage.

True False

11. In order to prove actual malice in a defamation claim, the plaintiff must show that the defendant had knowledge of the falsity of the statement.

True False

12. There is no tort liability for fraud or deceit where the defendant did not actively make a false statement, but instead merely failed to disclose something.

True False

13. The tort of malicious prosecution affords a remedy when the defendant mounted a wrongful and unjustifiable civil suit against the plaintiff.

True False

14. Sounds that reverberate across the plaintiff’s land are more likely to be classed as a nuisance than as a trespass to land.

True False

15. In order to be liable for conversion, the defendant must know that the property rightfully belongs to someone else.

True False

Multiple Choice Questions

16. _____ is defined as the desire to cause certain consequences or the substantial certainty that those consequences will result from one’s behavior.

A. Intent

B. Negligence

C. Liability

D. Battery

17. _____ is the failure to use reasonable care, with harm to another party occurring as a result.

A. Assault

B. Recklessness

C. Negligence

D. Liability

18. What is the standard of proof that the plaintiff must satisfy in a tort case?

A. Preponderance of the evidence

B. Beyond-a-reasonable-doubt

C. Benefit of assumption

D. Burden of proof

19. Which of the following can be recovered by plaintiff who usually wins a tort case?

A. Injunction

B. Arbitration award

C. Compensatory damages

D. Conditional privileges

20. _____ are intended to punish flagrant wrongdoers and to deter them.

A. Compensatory damages

B. Punitive damages

C. Liquidated damages

D. Tort damages

21. Melissa hurls a rock with the intention to hit Dave, with whom she has just fought. The rock hits Stacey, instead, who is sitting next to Dave. Melissa is liable for battery under the clause of:

A. conversion.

B. private nuisance.

C. actual malice.

D. transferred intent.

22. Davis throws a dagger at Smith, intending to kill Smith. However, the dagger misses Smith and strikes the hat on Potter’s head. The dagger does not make contact with Potter’s body. Unharmed but finding the whole thing offensive, Potter sues Davis for battery. Which of the following is most true?

A. Davis is not liable because he did not intend to make contact with Potter.

B. Davis is liable to Potter for negligence.

C. Davis is not liable because Potter did not suffer any physical harm.

D. Davis is liable to Potter for battery.

23. The necessary ________ in assault is the same as that required in battery.

A. intent

B. offensive contact

C. threat of future battery

D. actual injuries

24. In an assault case, it is irrelevant:

A. whether the threatened contact actually occurs.

B. whether there is any intent or not.

C. there is an apprehension of harmful contact.

D. there is any reasonable apprehension of imminent battery.

25. Which of the following is true about cases regarding the intentional infliction of emotional distress?

A. All courts require that the plaintiff’s emotional distress have physical manifestations.

B. The plaintiff must be emotionally susceptible in order to recover.

C. The plaintiff’s emotional distress must be severe.

D. The defendant should exhibit sufficiently unreasonable behavior for liability.

26. Which of the following characterizes false imprisonment?

A. Unintentional confinement of a person with consent

B. Partial confinement of a person by blocking an exit, when several exist

C. Intentional confinement of a person with consent

D. Unfounded assertion of legal authority to detain a person

27. Store owners’ “conditional privilege” defense against intentional tort claims brought by detained shoplifting suspects, recognized by most states, usually:

A. requires that the store owner act with police consent.

B. requires that the store owner act with written consent of suspects.

C. requires that the store owner act on evidence against suspect.

D. requires that the store owner act with reasonable cause.

28. Jack was an employee of ABC Corp. Harry, the president of ABC, had reasonable grounds to believe that Jack had stolen money from the corporation. ABC fired Jack. One month later, Jack applied for employment at DEF Corp. The vice president for Human Relations at DEF contacted Harry and asked about Jack’s performance at ABC. Harry responded “I believe that Jack stole money while working here”. DEF declined to hire Jack. Jack later discovered what Harry had said, and is now suing Harry for defamation. What is the likely outcome of this case?

A. Jack will win because Harry’s statement harmed him.

B. Jack will win because Harry did not have absolute proof that Jack had stolen money.

C. Harry will win because he had a conditional privilege to make that statement.

D. Harry will win because he had an absolute privilege to comment on a former employee’s performance.

29. Which of the following is slander rather than libel?

A. A defamatory statue

B. An oral defamatory statement

C. A defamatory magazine article

D. A defamatory TV broadcast

 

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