Business 241 Chap 6

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The basic purpose of tort law is to punish criminal wrongdoers.


Steps toward limiting tort damages in a number of states include all of the following except:

increasing the burden of proof in negligence cases

Which of the following are the two broad classifications of torts? Select two

Intentional and unintentional torts

Because an intentional tort requires intent, a harmful motive is required


A person who commits a tort is known as a


A person who engages in unexcused and harmful or offensive physical contact against someone else has committed


Stiles is much stronger than Ben. He threatens to beat Ben, then punches him in the face, and knocks out a tooth. Ben will probably bring a lawsuit against Stiles

for assault and battery, because there was both a threat and a harmful action

Which of the following has nothing to do with false imprisonment?

You are made fearful of unwanted and possibly harmful contact with another person.

Hank may be able to sue his neighbor Larson for ____________ if Larson sends Hank a text message telling him that his wife was killed in a car accident even though Hank knew that was untrue.

Infliction of emotional distress

Defamation (libel or ________) consists of a false statement of fact, not made under __________, that is communicated to a third person and that causes damage to a person’s reputation. For public figures, the plaintiff must also prove that the statement was made with actual _______ Invasion of privacy is publishing or otherwise making known or using information relating to a person’s ________ life and affairs, with which the public has no legitimate concern, without that person’s ___________ or approval.

slander; privilege; malice; private; permission

Which of the following is NOT slander per se?

A statement that another has engaged in unwelcome construction of a residence or commercial property

Which of the following is not an element of fraudulent misrepresentation?

The misrepresentation of opinions

Which of the following is NOT an element of the tort of wrongful interference with a contractual relationship?

A third party must unintentionally cause one of the parties to break the contract

A house adjacent to a lake is an example of

real property

Trespass to land requires that a person ________ onto, above, or below the land surface owned by another, or ________ on the land owned by another.

enter; remain

A real property owner must ________ that a person is a trespasser. A guest in your home is typically ______ a trespasser.

establish; not

Trespass to land has nothing to do with obtaining permission for use of that land.


You are given permission to use Alvie’s land for a one-day, all-terrain vehicle event. Your truck breaks down during the event, so you leave it on Alvie’s property. Most likely you have committed:

trespass to land

Jack sees an injured person lying on Frank’s property. Jack crosses Frank’s property to rescue the injured person. Jack has committed trespass to land.


When you borrow a friend’s tablet device and refuse to give it back, you have committed trespass to land.


Which of the following acts normally does not constitute a conversion?

Temporarily borrowing a friend’s textbook and then returning it.

Jane publishes a newsletter casting into doubt Eliza’s ownership of her land. Jane has arguably committed:

Slander of title

Those who enter retail premises are called business _________. Storeowners must warn business invitees of ________ risks. A landowner has a duty to discover and remove any ________ dangers to customers or other invitees. When risks are _________, owners need not warn of them.

invitees; foreseeable; hidden; obvious

The difference between intentional torts and torts involving negligence is that, in torts involving negligence, the tortfeasor does NOT wish to bring about the consequence of the act, nor does she or he believe it will occur.


Which of the following is NOT an element of negligence?


A breach of the duty of care can be _______ or _____________.

An act; an omission

The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.


An attorney’s courtroom conduct would be judged by the reasonable person standard if that attorney was sued for negligently representing a client.


Which of the following questions does a court NOT ask to determine whether the requirement of causation is met?

Was there intent?

You accidentally bump into someone on the sidewalk and that person falls but is unharmed. Nonetheless, that person usually can successfully sue you for damages.


______________ statutes exist to protect, as an example, medical personnel who volunteer their services in emergency situations. ________-shop acts impose liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar.

Good Samaritan; Dram

Assumption of risk does NOT require:

seeking out the riskiest activities.

An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event.


Modern Railways Co. operates a cargo railroad service between New York and Boston. A train owned by Modern Railways derails due to a maintenance problem. The train collides with a delivery truck owned by CraftCo, shattering $100,000 worth of porcelain inside. If CraftCo sues Modern Railways Co. for negligence, CraftCo may be able to recover:

Special Damages

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