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80 terms

Ch. 6

STUDY
PLAY
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