Question 1

Tort damages generally attempt to restore the plaintiff to the same position he or she was in before the tort occurred.

Accepted Answer

Tort damages are designed to compensate the plaintiff for the harm they have suffered and restore them to the position they would have been in if the tort had not occurred. This is often achieved through monetary compensation.

Question 2

Spoken defamation is known as

Accepted Answer

Spoken defamation is known as slander, while written defamation is known as libel. Malicious intent and invasion of privacy are related to the intent and violation of privacy, respectively, but are not specific terms for spoken defamation.

Question 3

Perry attempted to hit Bailey without good cause; but Bailey ducked,and Perry hit Adrian instead.Adrian had been looking the other way and did not see it coming and was shocked when the blow landed.Which of the following is true regarding the cause of action,if any,Adrian would have against Perry?

Accepted Answer

Transferred intent applies here, allowing Adrian to have a cause of action against Perry for battery, as Perry intended to hit Bailey but accidentally hit Adrian instead.

Question 4

The United States is regarded as providing adequate privacy protection under privacy laws of the European Union.

Accepted Answer

The United States does not provide adequate privacy protection according to the European Union's privacy laws. This is due to differences in the legal frameworks and standards between the two entities, such as the lack of a comprehensive federal data protection law in the US. This has led to negotiations between the EU and US over data transfer agreements, such as the Privacy Shield and its predecessor, Safe Harbor.

Question 5

_____ occurs when an individual exercises dominion and control over the personal property,rather than the real property,of another.

Accepted Answer

Conversion refers to the act of exercising control and dominion over the personal property of someone else. Trespass, on the other hand, refers to the act of entering someone else's property without permission or authorization. Involuntary deceit is not related to either of these concepts. Therefore, the correct answer is A) Conversion.

Question 6

The wrongful interference with the right to the quiet use and enjoyment of land is associated with the tort of

Accepted Answer

The tort of nuisance is the wrongful interference with the right to the quiet use and enjoyment of land. Trespass refers to physical intrusion onto someone else's property. Ultrahazardous activities and strict liability refer to different types of liability for certain dangerous activities or products, and are not directly related to the interference with the use and enjoyment of land.

Question 7

______ is the publication of statements derogatory to the quality of the plaintiff's business,to the business in general,or to the plaintiff's personal affairs in order to discourage others from dealing with him or her.

Accepted Answer

Disparagement, also known as trade libel or product disparagement, is the act of spreading false or misleading information about a business or individual with the intent of causing harm to their reputation or financial interests. It can include making negative statements about the quality of their products or services or making false claims about their personal or professional conduct.

Question 8

A postoperative x-ray shows a surgical sponge left in a patient's stomach.Liability in this case is established by:

Accepted Answer

The principle of Res ipsa loquitur implies that the negligence is evident and needs no further explanation. In this case, the presence of a surgical sponge inside a patient's stomach after surgery is an indication of negligence, and liability can be established based on this principle.

Question 9

The U.S.Supreme Court has held that in order for a public official or public figure to recover damages for defamation by a media defendant,there must be a showing of

Accepted Answer

The correct choice is C, as the Supreme Court case of New York Times Co. v. Sullivan established the "actual malice" standard for public officials and public figures to recover damages for defamation by a media defendant. Actual malice means that the defendant knew the statement was false or recklessly disregarded whether it was true or false. Negligence, choice B, is the standard for private individuals to recover damages for defamation. Invasion of privacy, choice D, is a separate cause of action that does not apply to defamation. Choice A, intent, is not the correct answer as it does not account for the level of knowledge required for the "actual malice" standard.

Question 10

An intoxicated employee causes an automobile accident after drinking alcohol at a company function.Under what tort can the employer be held liable? (See the Lev v.Beverly Enterprises-Massachusetts,Inc.,case.)

Accepted Answer

The employer can be held liable under the principle of vicarious liability, which holds the employer responsible for the actions of their employees that occur within the scope of their employment. In the Lev v. Beverly Enterprises-Massachusetts, Inc. case, the court held that the employer could be held liable for the actions of an intoxicated employee who caused a car accident after drinking at a company function.

Question 11

Based on the text,if employees sue a company who transmits their names and Social Security numbers to managers in the company in an unsecured manner,how might a court rule? (See the Bodah v.Lakeville Motor Express,Inc.case.)

Accepted Answer

In Bodah v. Lakeville Motor Express, Inc., the court ruled that there was no publication of the information, so the employees could not proceed with an invasion of privacy claim.

Question 12

According to the text,is an employer negligent for failing to protect an employee from being attacked by a dog,regardless of whether the dog is known to have abnormally dangerous propensities? (See the Labaj v.VanHouton case.)

Accepted Answer

According to the Labaj v. VanHouton case, an employer can be negligent for failing to protect an employee from getting attacked by a dog, even if the dog is not known to possess abnormally dangerous propensities. Therefore, choice D is the correct answer.

Question 13

Which of the following is true regarding battery?

Accepted Answer

Battery is the intentional, nonconsensual, harmful, or offensive contact with the plaintiff's body or with something in contact with it. This means that the defendant meant to make the contact and the plaintiff did not give permission for it. It also involves some level of harm or offensiveness.

Question 14

The tort of negligence does not include the element of

Accepted Answer

The tort of negligence does not require intent, as it is based on the failure to exercise reasonable care that a reasonable person would have exercised in the same circumstances. The other elements of negligence are duty, breach of duty, causation, and damages.

Question 15

Written defamation is known as

Accepted Answer

Written defamation refers to statements that are written and published, such as in a newspaper or online. Libel is the legal term for this type of defamation. Slander, on the other hand, refers to spoken defamation. Malicious intent and invasion of privacy are related legal concepts, but they do not specifically refer to written defamation.

Question 16

Which of the following is true regarding assault?

Accepted Answer

Assault is an intentional act that creates a reasonable apprehension of an imminent harmful or offensive contact. It does not require actual touching or physical contact to occur. Therefore, option A correctly defines assault. Options B, C, and D are not accurate descriptions of assault.

Question 17

Which of the following is subject to successor liability?

Accepted Answer

Successor liability refers to the liability that is transferred from one entity to another due to a change in ownership or control of the entity. A subsequent owner of a company held liable for producing a faulty product can be subject to this type of liability. The other options do not involve a change in ownership or control and therefore are not subject to successor liability.

Question 18

What does the term respondeat superior mean?

Accepted Answer

Respondeat superior is a legal principle that holds employers responsible for the acts of their employees that occur within the scope of their employment. The phrase "respondeat superior" is Latin for "let the master answer," indicating that the employer is primarily responsible for the actions of their employees.

Question 19

Under the doctrine of __________,the plaintiff's negligence is an absolute bar to recovery against the defendant.

Accepted Answer

Under the doctrine of contributory negligence, if the plaintiff was even slightly negligent and that negligence contributed to his or her injuries in any way, the plaintiff is barred from recovery against the defendant. This doctrine has been largely replaced by comparative negligence in most jurisdictions.

Question 20

Which of the following is not a part of the measure of compensatory damages?

Accepted Answer

Damages to deter others from engaging in similar conduct are a part of punitive damages, not compensatory damages. Compensatory damages aim to compensate the injured party for their loss, while punitive damages aim to punish the defendant for their wrongful conduct and deter similar conduct in the future.

Quiz 9: Torts and Privacy Protection