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A company that has its property taken without permission and then sold or transferred to a third party may sue for what tort?
disparagement
intentional interference with a business relationship
trespass to chattels
conversion
conversion
What is the business tort that happens when a person causes economic losses to a business by intentionally publishing false statements about the products or property of the business?
defamation
nuisance
disparagement
interference with a business relationship
disparagement
Which of the following requires a plaintiff to prove malice?
wrongful interference with a contract
injurious falsehood
disparagement
defamation
injurious falsehood
What is the tort in which one business seeks to interfere with the profits or market edge its competitor hopes to gain by entering into a contractual relationship?
wrongful interference with a contractual relationship
wrongful interference with negotiations
wrongful interference with a business relationship
wrongful interference with a prospective business advantage
wrongful interference with a prospective business advantage
Tort law benefits the capital market by protecting which of the following business interests? Choose 3 answers.
business reputation
rights of business invitees
property interests
investment in employees
business reputation
property interests
investment in employees
What is the type of business tort that occurs when one business steals a competitor’s employee?
wrongful or tortious interference with contract
intentional infliction of emotional distress
breach of contract
trespass to contract
wrongful or tortious interference with contract
If an employee experiences extreme and outrageous behavior in the workplace that causes them severe mental harm, they may assert a claim under which tort?
intentional infliction of emotional distress
nuisance
defamation
wrongful interference with a business relationship
intentional infliction of emotional distress
When one party makes a false statement intending that the other party would rely on the statement and be harmed by relying on it, the injured party could sue based on what tort?
fraudulent misrepresentation
conversion
wrongful interference with a contract
disparagement
fraudulent misrepresentation
Which tort is described as unreasonably confining a person against their will?
injurious falsehood
assault
intentional infliction of emotional distress
false imprisonment
false imprisonment
To meet the element of intent, a plaintiff must prove that the defendant:
had an evil or harmful motive.
knowingly committed the act or knew with substantial certainty that his or her actions would result in the consequences.
acted with malice.
acted negligently.
knowingly committed the act or knew with substantial certainty that his or her actions would result in the consequences.
George gave Maxwell a friendly slap on the back, not knowing that Maxwell was drinking coffee. The slap frightened Maxwell and he choked on the coffee. Have all the elements of battery been met?
No, because the slap was friendly and not meant to cause harm.
Yes, because George reasonably should have known that Maxwell would choke on the coffee.
No, because Maxwell was not seriously harmed.
Yes, because the slap was intentional and non-consensual, and Maxwell was harmed.
Yes, because the slap was intentional and non-consensual, and Maxwell was harmed.
Which defense would a defendant in a civil battery case want to assert when his or her conduct was necessary to protect himself or herself from immediate harm?
self defense
defense of others
superseding cause
necessity
self defense
What defense relieves a catcher from liability for battery if he or she tags out a baseball player at home base?
consent
assumption of risk
comparative fault
necessity
consent
Virginia published on her social media page incidents that allege Thomas was a habitual liar and sexual harasser. Thomas is employed as a teacher’s assistant at a public school and another employee read the posts and told his employer that Thomas should resign. Have all the elements for defamation been met?
Yes, if the posts are false.
No, because Thomas is a public figure as a school employee.
Yes. Whether or not the posts were false, they injured Thomas’s reputation.
No, because Virginia did not know the employee could see her posts.
yes, if the posts are false
Which element of trespass to land does not involve the trespasser?
The plaintiff must refuse to give consent.
The plaintiff must have a possessory interest in the land.
The plaintiff must own the land outright.
The plaintiff must have posted a “no trespassing” sign.
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 which of the following? Choose 2 answers.
be outrageous and extreme
be in the nature of an insult
be intentional or reckless
be a pattern of harassment
be outrageous and extreme
be intentional or reckless
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 the elements for the intentional tort of false imprisonment met?
Yes, because Fred acted with negligence.
Yes, because Fred intentionally restrained Steve against his will and caused him harm.
No, because Steve voluntarily entered the closet.
No, because Fred was only playing a prank.
Yes, because Fred intentionally restrained Steve against his will and caused him harm.
Which of the following is considered a conversion of personal property? Choose 3 answers.
You loan someone $50 and they do not repay you as promised.
You lend your cell phone to a fellow classmate, and they take it to the dorm and sell it to someone else.
Someone borrows your car and leaves the state with it, not intending to return.
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.
Someone borrows your car and leaves the state with it, not intending to return.
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.
What is true of “intent” in a case of an intentional tort? Choose 2 answers.
The defendant desires to cause the consequences of the defendant’s action.
The defendant acts with malice.
The defendant’s actions are planned well in advance.
The defendant is aware that the actual consequences would come from the defendant’s action.
The defendant desires to cause the consequences of the defendant’s action.
The defendant is aware that the actual consequences would come from the defendant’s action.
As a legal term, “tort” means:
a criminal offense.
a breach of contract that causes harm.
an accidental cause of harm.
a breach of a duty to another party that causes harm to that other party.
a breach of a duty to another party that causes harm to that other party.
What is the term for intentional conduct directed at a person that places the person in fear of immediate bodily harm or offensive contact?
battery
harassment
assault
intimidation
assault
What is the term used when someone touches another person in a way that is unlawful and that would be offensive to a reasonable person?
harassment
attack
assault
battery
battery
What is true in cases of the tort of intentional infliction of emotional distress?
Ordinary insults give rise to liability if the actor intends for them to be harmful.
Defendants are usually liable for harm caused to particularly vulnerable plaintiffs.
The emotional distress must be paired with physical injury for liability to arise.
The defendant’s behavior must be extreme and outrageous.
The defendant’s behavior must be extreme and outrageous.
Which of the following would qualify as the tort of false imprisonment?
A store manager asks a customer to step into the office so the manager can check the bag of the customer for stolen items.
A person falls into a pit that was dug as part of an underground pipe repair in a public park. There is no barrier or warning sign, and no one is around to help the person out of the pit. The person stays there for over 3 hours before help arrives.
A construction company working on the awning of a building blocks the front entrance to a law office while the staff is working inside. The rear entrance is not blocked but is not convenient to the parking lot.
A highway patrol officer at a roadblock takes a driver’s license and walks away from the car and does not return the license for over an hour.
A highway patrol officer at a roadblock takes a driver’s license and walks away from the car and does not return the license for over an hour.
What is the term for a written, published, and intentionally false communication that injures a person’s reputation or good name?
libel
slander
gossip
unwarranted public exposure
libel
The use of a person’s name or picture without permission would constitute what tort?
unwarranted public exposure
invasion of privacy
public exposure of private facts
defamation
invasion of privacy
Ralph runs his truck off the road on Constanza’s property, and, as his truck is pulled out of the ditch, his tailgate falls off and is left behind. Constanza asks Ralph to have the detached tailgate removed from her property, but he fails to do so. Under what tort might Ralph be liable to Constanza?
nuisance
trespass to personal property
trespass to real property
conversion
trespass to personal property
Jeanette and Greg are both distributors of coffee beans and coffee makers. They serve the same market and compete with each other for customers. Greg tells many potential customers that Jeanette’s supplier has been having trouble with mold growing in their coffee beans. Greg knows that mold is an issue for all coffee growers, but Jeanette’s supplier has strict quality controls to eliminate such issues so that even if it does occur, the moldy beans do not get shipped to customers. Is Greg liable to Jeanette for a tort?
No because he was giving his opinion about the quality of a competitor’s product.
No because he simply stated a fact that is common knowledge in the coffee business.
Yes if Jeanette loses customers because of Greg’s misleading information.
Yes because he didn’t tell the whole truth.
Yes if Jeanette loses customers because of Greg’s misleading information.
Sydney had a contract with Mary and Keshawn to photograph their wedding. One week before the wedding, another couple (Kathryn and Chris), who were desperate for a wedding photographer, offered Sydney a bonus of $500 on top of her normal price to photograph their wedding on the same day and at the same time as Mary and Keshawn’s wedding. If Sydney breaks the contract with Mary and Keshawn, what tort would Kathryn and Chris be liable for?
subverting a contract
interference with contractual relations
fraudulent conversion of contract
substituting a prospective advantage
interference with contractual relations
Which defense might a person assert if he or she seeks shelter from a tornado by breaking the lock on another person’s underground storm shelter and hiding in the shelter?
superseding cause
self defense
necessity
defense of property
necessity
