Question 1

Bill has shoplifted at a local store, stealing three mobile phones. The theft is not detected until store camera videos are examined later that afternoon. Store management has the right to go to Bill's home and detain him until police arrive.

Accepted Answer

Store management may confront and detain a shoplifter only on store premises or adjacent to store premises.

Question 2

Courts enforce fraudulent misrepresentation for intentional lies but will not enforce fraudulent misrepresentation for negligent ones.

Accepted Answer

Courts enforce both intentional and negligent misrepresentations. Negligent misrepresentations generally are enforced when a business relationship exists between the parties.

Question 3

Professor Smith announces to his dean that the students in his noon class are the worst students that he has ever had and that they should never have been admitted to the school. The students are actually as qualified as any other students admitted to the school. The students may sue Professor Smith for slander.

Accepted Answer

This is an opinion, not a provable fact that would support defamation.

Question 4

A public official or public figure can win a defamation case only by proving actual malice by the defendant.

Accepted Answer

A public official or public figure can win a defamation case by proving actual malice or a reckless disregard for the truth on the part of the defendant.

Question 5

Fred has a toothache and is driving to the dentist. He's in a lot of pain, so he speeds down the road 20 miles over the speed limit. If he has an accident, it is an intentional tort and not negligence because he knowingly was speeding.

Accepted Answer

Although the act of speeding was intentional, the accident was not intended and was not willful.

Question 6

Assume that Iowa has passed a law requiring that anyone riding or operating a motorcycle wear a helmet. Mary enters Iowa Harley-Davidson and wants to take a test ride. She doesn't have a helmet with her and the dealership doesn't have one available in her size, so the proprietor lets her go without one. If she crashes and is injured, the proprietor has committed negligence per se.

Accepted Answer

The proprietor has violated a safety statute and will be liable under a negligence per se theory of liability.

Question 7

A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff.

Accepted Answer

If there is no duty or obligation owed to the injured party, there can be no suit for negligence.

Question 8

The Restatement (Third) of Torts is currently the most recent edition.

Accepted Answer

There have been two amendments to the original Restatement of Torts.

Question 9

Regarding defamation, a qualified privilege exists in courtrooms and legislative hearings.

Accepted Answer

Regarding defamation, an absolute privilege exists in courtrooms and legislative hearings.

Question 10

Disparagement has to do with industries, companies, and corporations but not individuals.

Accepted Answer

Disparagement statutes are designed to protect industries and products.

Question 11

Jessica was caught shoplifting at a department store both by employees who witnessed the act and by cameras in the store. The store's management may hold her as long as it takes to get her to confess.

Accepted Answer

In most states management may detain shoplifters only for a limited time, depending on the circumstances.

Question 12

Brad is drunk and driving his car 20 miles over the speed limit. He hits Angelina, who is crossing the street against a red light. Angelina has over $95,000 in medical bills and has significant pain and suffering. If Angelina sues in a state that still follows the theory of contributory negligence, she will get nothing.

Accepted Answer

In contributory negligence states, if a party's own negligence contributes to or causes his or her injury, even minutely, that party recovers nothing.

Question 13

Faye is driving when she sees an accident occur a half mile in front of her. Sarah has negligently swerved her car, forcing Lindsay's car off the road and into a tree. Lindsay is thrown from the car and appears injured. Faye stops to render aid, and while helping Lindsay, she slips and breaks her leg. Sarah is not liable in negligence for Faye's injury because the injury was not foreseeable and Sarah's act was not the proximate cause of Faye's injury.

Accepted Answer

It is arguable that Faye's injury is too remote and not a foreseeable injury resulting from Sarah's negligent act.

Question 14

In Palsgraf v. Long Island Railroad Co., the court first articulated and established the concept of proximate cause.

Accepted Answer

This case, decided in 1928, established the concept of proximate cause.

Question 15

A party who is injured by another's negligence but is found to have committed comparative negligence will recover nothing.

Accepted Answer

Comparative negligence allows the court to allocate proportional responsibility, so a party who has committed comparative negligence may still recover but the award is reduced by his or her percentage of responsibility.

Question 16

When Ford runs a commercial stating that Fords are better than Chevrolets and that "you'll be happier if you buy a Ford," Ford is committing trade libel.

Accepted Answer

Ford has expressed an opinion but has not lied about a material fact.

Question 17

Under concepts articulated in MacPherson v. Buick, a manufacturer of a defective product is liable only to the purchaser of the product and not to every user.

Accepted Answer

Under concepts articulated in MacPherson v. Buick, a manufacturer of a defective product is liable for any injuries to persons that are proximately caused by its negligence.

Question 18

Your professor is in the middle of her lecture when the dean from a competing school walks into class and offers her a position at his school at double her present salary. When she asks when the position will start, he says tomorrow. Your professor looks at the class, says good-bye, and walks out to start cleaning out her office. Your school can sue your professor for tortious interference with an existing contractual relationship.

Accepted Answer

The competing school's dean induced the breach and can be sued for tortious interference with an existing contractual relationship, but your professor is guilty only of breach of contract.

Question 19

Negligence may result from either an intentional or unintentional act.

Accepted Answer

Negligence results from an unintentional event that causes harm.

Question 20

Employers, in some states, enjoy an absolute privilege when giving employment references as long as the reference is factual and without malice.

Accepted Answer

Employers, in some states, enjoy a qualified privilege when giving employment references as long as the reference is factual and without malice.

Quiz 10: Torts and Products Liability