Question 1

________ is typically defined as intentionally committing a wrongful act with intent to harm.

Accepted Answer

Malice

Question 2

Conversion occurs when a party interferes with the ________ of another's property.

Accepted Answer

Ownership

Question 3

Physical harm or injury is required to prove a case of intentional infliction of emotional distress.

Accepted Answer

Emotional or mental distress must be proven but physical harm is not required.

Question 4

Courts are bound by the Restatement of Torts once published.

Accepted Answer

Restatements of Law are secondary sources of law that are not binding on the courts.

Question 5

Sally is walking her 6 month old baby in a stroller.Mark,a stranger,looks into the stroller and says,"Wow,that's one ugly baby." Sally is furious and sues Mark for intentional infliction of emotional distress.She will likely lose.

Accepted Answer

While rude and boorish, Marks's statement did not rise to the level of extreme, outrageous or reckless conduct required to win such a case.

Question 6

Because there is no general duty to act or assist others,a store is not liable should they wash a floor and fail to notify the public of the slippery condition and someone is injured.Stores do it as a convenience to customers but not due to a legal duty.

Accepted Answer

Stores do have a legal duty to warn and assist due to their special relationship with customers and visitors.

Question 7

Ms.Bobbin,your ethics teacher,is a first year professor,just out of school and she is very tough and demanding.You've done poorly on the first two tests and you think it's her fault.Someone tells you that she has a criminal past and without verification,you spread this allegation.In fact,Ms.Bobbin has been a model citizen and never broken the law.As a result of your actions,she is put on probation pending an investigation.She cannot sue for defamation because as a professor,she is a public figure and your conduct was intentional but not a careless disregard of the truth or with malice.

Accepted Answer

Ms. Bobbin does not rise to the level of a public figure and stricter standards do not apply.

Question 8

Every time you hit the delete button on your new computer you get a small electrical shock.Your friends with the same computer are suffering the same problem.These computers have a ________ defect.

Accepted Answer

The answer of Every time you hit the delete button...

Question 9

Lost revenue or profits,whether actual or potential is called ________ harm.

Accepted Answer

The answer of Lost revenue or profits,whether actual or potential...

Question 10

The case of Mattison v.Johnston held that competition is not a valid excuse to break a restrictive covenant that was created to avoid just such practices and that inducing someone to break a restrictive covenant is tortious conduct.

Accepted Answer

Knowing that someone is under contract and inducing them to breach that contract is a punishable tort.

Question 11

Mike is having coffee in a coffee house when he sees Jordan who is the dean of a Midwest business school.Mike used to teach at Jordan's prior school and was considered a very valuable faculty member.They haven't seen each other for years and Jordan has no idea what Mike has been doing or where he's currently working.She tells him that she has a position for him if he's interested.The next day Mike quits the university he's under contract with and signs a contract with Jordan's school.Jordan's school can be sued for tortious interference with existing contractual relationship.

Accepted Answer

Jordan did not have specific knowledge of Mike's contract.

Question 12

When a seller makes a representation of fact about a product this is known as an ________ warranty.

Accepted Answer

The answer of When a seller makes a representation of...

Question 13

Mike goes to his local bike shop to buy a cyclometer (measures speed,distance,etc.).He tells the salesman that he wants the best cyclometer on the market and the salesman shows him a cyclometer and states that particular brand and model was actually used by some participants in the 2010 Tour de France bicycle race and is the best Mike can buy.Mike buys the cyclometer.As it turns out,8 of the 189 riders indeed used the brand and model bought by Mike,with the other 181 using varying other brands and models.In actuality,there is no acknowledged top brand and model and use is subject to personal tastes.The salesman has committed a fraudulent misrepresentation stating that the brand and model sold to Mike was the best.

Accepted Answer

The salesman did not quantify the number of riders using the particular cyclometer and was giving an opinion with regard to the product being the best. No fraud has occurred.

Question 14

Jennifer is having a party and has invited her friends to her home.These social guests would be legally classified as ______.

Accepted Answer

The answer of Jennifer is having a party and has...

Question 15

Jimmy is annoyed because his neighbor's dog is constantly barking.He intentionally walks up to the dog in his neighbor's yard and viciously kicks it.Jimmy is guilty of battery.

Accepted Answer

Battery is the intentional touching of a human being and does not apply to dogs.

Question 16

Res ipsa loquiter does not require that the plaintiff prove the exact cause of negligence.

Accepted Answer

Res ipsa loquiter is used when an accident could not have occurred in the absence of negligence but the actual negligent act cannot be proven.

Question 17

Laws that impose liability on liquor stores and bars are called ________ laws.

Accepted Answer

The answer of Laws that impose liability on liquor stores...

Question 18

Store management may detain a suspected shoplifter without liability for false imprisonment based on the concept of ______.

Accepted Answer

The answer of Store management may detain a suspected shoplifter...

Question 19

The loss of marital relations and spousal companionship is called loss of ______.

Accepted Answer

The answer of The loss of marital relations and spousal...

Question 20

Violations of safety statutes are sometimes referred to as negligence ______.

Accepted Answer

The answer of Violations of safety statutes are sometimes referred...

Quiz 9: Torts and Product Liability