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Tort is a French word for "court"

False

Tort is a French word for "wrong"

True

The purpose of tort law is to provide remedies when legally protected interests have been invaded

True

The purpose of tort law is to punish criminal wrongdoers

False

To commit an intentional tort, one person must intend to harm a certain other person

False

To commit an intentional tort, a person must intend to perform an act that causes harm

True

Tortfeasor is the term for a person who commits a tort

True

Perpetrator is the term for a person who commits a tort

False

Consent is a defense to an allegation of assault, but not battery

False

Consent is a defense to an allegation of battery, but not assault

False

False imprisonment is a tort only if the confinement or restraint is justified

False

False imprisonment occurs when a person is restrained by another intentionally and without justification

True

One cannot recover damages for severe emotional distress absent a showing of personal injury

False

Defamation is one person's use of another's name without permission

False

An oral defamatory statement must be communicated to a third party to be actionable

True

Slander involves the oral communication of defamatory language

True

An individual's right to privacy includes the exclusive use of his or her likeness

True

A written defamatory statement must be communicated to a third party to be actionable

True

An unauthorized scan of a bank account cannot be an invasion of privacy

False

Defamation involves wrongfully hurting a person's good reputation

True

An illegal search can be an invasion of privacy

True

The use of a person's likeness for commercial purposes without permission is not an invasion of privacy

False

Normally, fraud occurs only when there is reliance on a statement of truth

False

Puffery is fraud

False

Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship

False

Any lawful contract can form the potential basis for an action based on wrongful interference with a contractual relationship

True

Bona fide competitive behavior can constitute wrongful interference with a contractual relationship

False

If it can be shown that a trespass to personal property was warranted, a complete defense exists

True

An artisan's lien is a defense to a charge of trespass to personal property

True

To commit trespass to land, a person must harm the land

False

If a person believes that he or she is entitled to certain goods, the tort of conversion cannot occur even if the belief is mistaken

False

Publishing false information about another's product is conversion

False

Disparagement of property is another term for appropriation

False

A failure to return personal property is conversion even if the rightful owner consented to the initial taking

True

An internet service provider cannot be held liable in tort for disseminating his or her own defamatory remarks

False

Publishing false information about another's product is trade libel

True

There are no statutes regulating the use of spam

False

An internet service provider is not normally liable for its users' defamatory remarks

True

Federal law permits the use of unsolicited commercial e-mail but prohibits certain types of spamming activities

True

Federal law prohibits sending unsolicited commercial e-mail to randomly generated e-mail addresses

True

Bob pushes Carol. Carol falls and breaks her arm. Bob is liable for the injury

if Bob intended to push Carol

Louis- larger and stronger than Mica- threatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for

assault and battery

At Scrumptious Cafe, Tyler believes that he was overcharged and shoves Uma, a waiter. Uma sues Tyler, alleging that the shove was a battery. Tyler is liable if

the shove was offensive

Ann believes that Burt is about to hit her. To prevent harmful contact in this situation, Ann may use

force that is reasonably necessary

Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen's statement is defamatory only if

a third party hears it

Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina

was detained for an unreasonably long time

Great Tans, Inc., uses, in its radio ads, a recording by Holly, who owns the rights, without paying for the use. Over time, the song comes to be asso¬ci¬ated with Great Tans. In Holly's suit against Great Tans, the firm is most likely liable for

appropriation

Jaqy distributes a handbill among her neighbors accusing one of them—Ked—of being a convicted sex offender. The statement is defamatory only if

the statement is false

Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is

not fraud

Dru tells his Excel Company coworkers that Fiona, Excel's office manager, is stealing from their employer. The statement is defamatory only if

the statement is false

Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent. To give rise to fraud, the statement must be one of

fact

Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is

a public figure

Clem, a Delite Dairy salesperson, follows Edna, a salesperson for Festive Foods, a Delite competitor, as Edna visits stores to make sales. Clem solicits each of Edna's customers. Clem is most likely liable for

wrongful interference with a business relationship

Lew angrily accuses Meg, a broker with New Financial Services, of fraudulently inducing him to invest in Open Pit Oil Company, whose wells are dry. The reliance that gives rise to liability for fraud is normally based on a statement of

fact

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

NOT appropriation, conversion, or wrongful interference with a contractual relationship

Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Goody Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora's customers. Dom is most likely liable for wrongful inter¬ference with

a business relationship

Joy invites Ken into her apartment. Ken commits trespass to land if he

refuses to leave when Joy asks him to go

Best Computers, a computer store, takes unethical steps to divert the customers of Cyber Goods, an adjacent competing store. Best may be liable for

wrongful interference with a business relationship

Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass only if he

does not have Bella's permission to drive on the property

Variety Auto Maker, Inc., uses, in its television ads, a recording by Wendy. For this use, Variety pays a fee to the owner of the rights to the recording. Over time, the song comes to be associated with Variety's products. Wendy re¬sents this association and sues Variety. Variety has committed

NOT appropriation, wrongful interference with a business relationship, wrongful interference with a contractual relationship

Jane enters onto Sam's property to help someone in danger. If Sam charges Jane with trespass to land, Jane has

a complete defense

Phil invites Quinn onto his land. Quinn commits trespass if

Phil asks Quinn to leave and Quinn refuses

Elin participates in an off-road vehicle race on Freedom Ranch land, with Freedom's consent for the two days of the race. During the race, Elin's vehicle breaks down. She leaves it on Freedom's land for ten days before removing it. Elin has committed

trespass to land

Lon trespasses on Mega Corporation's property. Through the use of rea¬sonable force, Mega's security guard Ned detains Lon until the police ar¬rive. Mega is liable for

NOT assault and battery, false imprisonment, intentional infliction of emotional distress

As a joke, Fran hides Gary's business law textbook so that he cannot find it during the week before the exam. Fran is liable for

trespass to personal property

As a joke, Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam. Jem may have committed

trespass to personal property

Copy Cat, Inc., uses a bot to continually comb the Web site of Deals Galore Company. In line with the decision of the court in Case 6.2, Register.com, Inc. v. Verio, Inc., Copy Cat has most likely committed

trespass to personal property

Bill enters onto Cindy's property to help Dora, who is in danger. Cindy charges Bill with trespass to land. Bill has

a complete defense

Quin, a clerk at PC Computer Store, takes a computer from the store without PC's permission. Quin is liable for conversion

under any circumstances

Delta Corporation uses a bot to continually comb the Web site of Gamma, Inc., for information and its updates. Under the reasoning of the court in Case 6.2, Register.com, Inc. v. Verio, Inc., if Delta has committed a tort, it is most likely because

Delta's activities could lead to a crash of Gamma's computer system

Ian steals a business law textbook from Jules. Kris, who does not know that the book is stolen, buys it from Ian. Kris has committed

conversion

Fred files a suit against Gail for conversion of property that Fred asserts he owns. Gail will not be liable if she can show that

Fred has no interest in the property

In newspaper ads, Little Used Autos falsely accuses Mighty Value Vehicles, a competitor, of selling stolen cars. Mighty's sales decrease. Little has most likely committed

slander of title

Dian, a clerk at an Entertainment Unlimited store, takes a DVD player from the store without permission. Dian is liable for

conversion

Cody writes a defamatory article about Delia. The article is disseminated through the print media, via newspapers, and online, via an Internet service provider (ISP). Most likely to be liable for the article are Cody and

the newspapers only

Macro, Inc., believes that NuCode Corporation is using Macro's trade secrets on NuCode's server. Macro removes the server from the premises of Online Service Company (a third party) without NuCode's consent. Macro's most likely successful defense against a charge of conversion would be

necessity

Beta Services (BS) is an Internet service provider. On a BS online bulletin board, Carl, a BS customer, posts a defamatory remark about Delta Company. Delta could successfully file a suit against

BS or Carl

City Times, a newspaper, knowingly publishes an article falsely stating that the inventory of Walco, a discount store, consists of stolen goods. City Times is liable for

slander of title

Direct Marketing, Inc., floods the e-mail boxes of the employees of Eagle Products Corporation with unsolicited ads to the extent that the employees cannot e-mail each other. Direct has most likely committed

trespass to personal property

April posts a defamatory note about Brad in an online newsgroup maintained by Comp Online, Inc., an Internet service provider. Most likely to be held liable for the remark is

April only

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