Chapter 5: Business Torts

Business Law - Midterm

What factor should a plaintiff consider when deciding which interference tort applies to a situation?

if the plaintiff had a contract with another party who breached the contract

To win a wrongful interference with a contract case, a plaintiff must prove which of the following elements?

• a valid contract existed between the plaintiff and the third party

• the defendant knew a contract between the plaintiff and a third party existed

• the plaintiff experienced injury or damages as a result of the defendant’s actions

What does the reasonable person standard impose on a person in a negligence lawsuit?

a duty to act as a reasonable person would in the same circumstances

A business landowner has a duty to reasonably maintain his or her property for safety. When the business invites guests or customers onto its premises, it has a duty to:

warn invitees of and reasonably protect them from a foreseeable risk of harm or danger from something on the premises

In a negligence action, a plaintiff may seek an award for compensatory damages as a result?

• actual missed days at work

• the loss of a spouse’s companionship

• medical bills

When a defendant faces a negligence lawsuit, what defenses are available?

• comparative fault

• contributory negligence

• assumption of risk

Why would a superseding cause relieve a tort defendant liability?

the defendant could not have reasonably forseen the event

Which of the following defenses to negligence is used to assign liability proportionately to the level of harm from each party’s own conduct?

comparative fault

Which element of trespass to land does not involve the trespasser?

the plaintiff must have a possessory interest in the land

To meet the elements of intentional infliction of emotional distress, a defendant’s actions must be:

• intentional or reckless

• outrageous and extreme

At a surprise party for their boss, Steve hid in the coat closet thinking he would jump out in about 5 minutes. His co-worker Fred, who didn’t like Steve, locked the closet door. Steve panicked when he discovered the door was locked, passed out in the closet, and was not found for hours. Are all elements for the intentional tort of false imprisonment met?

Yes, because Fred intentionally restrained Steve against his will and caused him harm

Which of the following is considered a conversion of personal property?

• someone borrows your car and leaves the state with it, not intending to return it

• you allow your friend to use your boat for a weekend, but he doesn’t return it for another month because he had parties every weekend

• you lend your cell phone to a fellow classmate, and they take it to the dorm and sell it to someone else

Rihana and her friends attend the opening day of Wild Water Country, a local water park attraction. Before riding the new Tornado Tunnel water slide, the steepest and scariest water slide in the park, Wild Water Country requires its customers to sign a waiver of liability which states that they know the risks involved in riding the Tornado Tunnel, and that Wild Water Country is not responsible for injuries that occur during the ride. Rihana signs the waiver and climbs to the top of the slide. As she begins her descent, however, the metal slide buckles under the weight of the riders. Rihana and several other riders are thrown from the slide and fall one hundred feet to their deaths. Rihana’s parents sue Wild Water Country. Wild Water Country defends the lawsuit by stating they are not liable for any injuries because Rihana had signed a waiver of liability, and, therefore, she had assumed the risks associated with riding the water slide. Wild Water Country’s defense will probably:

not be successful, because Rihana did not assume the risk of the water ride collapsing

Liam is Neely’s supervisor. During Neely’s yearly written evaluation, Liam states that Neely has not performed her job well at all, constantly comes in late to work, and stirs up trouble with the other employees. Neely is understandably upset and wants to sue Liam for defamation. If Neely files a lawsuit against Liam for Libel, Neely will probably:

not be successful if Liam’s comments on Neely’s written evaluation were made in good faith

Freddy carries his books and school supplies in a large backpack. The hallways at Freddy’s school are always very crowded. One day, Freddy turns around quickly to talk to a friend, and a sharp pencil that is sticking out of his backpack gouges Lorraine in the eye. Lorraine ends up losing the use of her eye. If Lorraine sues Freddy in a negligence action, the standard the court will use to determine whether Freddy is liable it:

what a reasonable person would have done under the circumstances

Anne Marie has surgery to have her gall bladder removed at Mt. Sinai Hospital. The surgery goes well, but several days later, Anne Marie experiences severe abdominal pain. X-rays reveal a small surgical instrument in Anne Marie’s abdominal cavity. Anne Marie has to endure another surgery to remove the instrument. Anne Marie sues the surgeon for negligence. To win her negligence lawsuit against the surgeon, Anne Marie must prove:

that a reasonable surgeon would not have left a surgical instrument in her abdominal cavity

Andrea and Jerome are involved in a terrible car accident. Andrea ran a red light and plowed into Jerome’s car, causing Jerome’s car to be totaled. Luckily, Jerome was not hurt. Jerome files a tort lawsuit against Andre. If he is successful in his lawsuit, Jerome will receive compensatory damages, the purpose of which is to:

put Jerome in the position he would have been in had the tort not occurred