Ch. 7 - Intentional Torts and Business Torts

Question 1

Tort

Answer 1

A violation of a duty imposed by the civil law

Question 2

Intentional Torts

Answer 2

Involve harm caused by deliberate action

Question 3

Libel

Answer 3

Written defamation

Question 4

Slander

Answer 4

Oral defamation

Question 5

Element

Answer 5

A fact that a plaintiff must prove to win a lawsuit

Question 6

The elements in a defamation case are…

Answer 6

Defamatory statement - Likely to harm another person’s reputation (not opinion)
Falsity - The statement must be false
Communicated - to at least one person other than the plaintiff
Injury - Must show some injury, unless the case involves false statements about sexual behavior, crimes, contagious diseases, and professional abilities

All amount to slander per se (when they are spoken) and libel per se (when they are published)

Question 7

False imprisionment

Answer 7

The intentional restraint of another person without reasonable cause or consent

Question 8

When can a store detain a customer or worker?

Answer 8

For alleged shoplifting provided there is a reasonable basis for the suspicion and the detention is done reasonably

Question 9

Battery

Answer 9

A harmful or offensive bodily contact

Question 10

Assault

Answer 10

An action that causes another person to fear and imminent battery

Question 11

Fraud

Answer 11

Injuring someone by deliberate deception

Question 12

Intentional infliction of emotional distress

Answer 12

Extreme and outrageous conduct that causes serious emotional harm

Question 13

Compensatory damages

Answer 13

Are intended to restore the plantiff to the position he was in before the defendant’s conduct caused injury

Question 14

Single recovery principle

Answer 14

Requires a court to settle a legal case once and for all, by awarding a lump sum for past and future expenses

Question 15

Punitive Damages

Answer 15

Punishment of the defendant for conduct that is extreme and outrageous

Question 16

What goes into consideration for damages?

Answer 16

Economic damages (lost wages, medical expenses, and other measurable losses) and non-economic damages (pain and suffering)

Question 17

Tortious interference with a contract

Answer 17

Occurs when a defendant deliberately harms a contractual relationship between two other parties

Question 18

Commercial exploitation

Answer 18

Prohibits the unauthorized use of another person’s likeness or voice for business purposes

Question 19

Benzaquin had a radio talk show. On the program, he complained about an incident in which state trooper Fleming had stopped his car, apparently for lack of a proper license plate and safety sticker. Benzaquin explained that the license plate had been stolen and the sticker had fallen onto the dashboard, but Fleming refused to let him drive away. Benzaquin and two young grandsons had to find other transportation. On the show, Benzaquin angrily recounted the incident, then described Fleming and troopers generally: “arrogants wearing trooper’s uniforms like tights”; “we’re not paying them to be dictators and Nazis”; “this man is an absolute barbarian, a lunkhead, a meathead.” Fleming sued Benzaquin for defamation. Comment.

Answer 19

The court ruled in favor of Benzaquin, because a reasonable person would understand the words to be opinion and ridicule. They are not statements of fact because most of them could not be proven true or false. A statement like “dictators and Nazis” is not taken literally by anyone. © Cengage

Question 20

Caudle worked at Betts Lincoln-Mercury, a car dealer. During an office party, many of the employees, including the president, Betts, were playing with an electric auto condenser, which gave a slight shock when touched. Some employees played catch with it. Betts shocked Caudle on the back of his neck and chased him around. The shock later caused Caudle to suffer headaches, to pass out, to experience numbness, and eventually to require nerve surgery. He sued Betts for battery. Betts defended by saying that it was all horseplay and that he had intended no harm. Please rule.

Answer 20

The court held that it was irrelevant that Betts had shown no malice toward Caudle nor intended to hurt him. Betts intended the physical contact with Caudle, and even though he could not foresee everything that would happen, he is liable for all consequences of his intended physical action. © Cengage

Question 21

T F A store manager who believes a customer has stolen something may question him but not restrain him.

Answer 21

True

Question 22

T F Becky punches Kelly in the nose. Becky has committed the tort of assault.

Answer 22

True

Question 23

T F A defendant cannot be liable for defamation if the statement, no matter how harmful, is true.

Answer 23

True

Question 24

T F In most cases, a winning plaintiff receives compensatory and punitive damages.

Answer 24

False

Question 25

T F A company that wishes to include a celebrity’s picture in its magazine ads must first obtain the celebrity’s permission.

Answer 25

True

Question 26

A valid defense in a defamation suit is: (a) falsity. (b) honest error. (c) improbability. (d) opinion. (e) third-party reliance.

Answer 26

(d) opinion.

Question 27

Joe Student, irate that he received a B– on an exam rather than a B, stands up in class and throws his laptop at the professor. The professor sees it coming and ducks just in time; the laptop smashes against the chalkboard. Joe has committed: (a) assault. (b) battery. (c) negligence. (d) slander. (e) no tort, because the laptop missed the professor.

Answer 27

(a) assault.

Question 28

Marsha, a supervisor, furiously berates Ted in front of 14 other employees, calling him “a loser, an incompetent, a failure as an employee and as a person.” She hands around copies of Ted’s work and mocks his efforts for 20 minutes. If Ted sues Marsha, his best claim will be: (a) assault. (b) battery. (c) intentional infliction of emotional distress. (d) negligence. (e) interference with a contract.

Answer 28

(c) intentional infliction of emotional distress.

Question 29

Rodney is a star player on the Los Angeles Lakers basketball team. He has two years remaining on his four-year contract. The Wildcats, a new team in the league, try to lure Rodney away from the Lakers by offering him more money, and Rodney agrees to leave Los Angeles. The Lakers sue. The Lakers will: (a) win a case of defamation. (b) win a case of commercial exploitation. (c) win a case of intentional interference with a contract. (d) win a case of negligence. (e) lose.

Answer 29

(c) win a case of intentional interference with a contract.

Question 30

Hank and Antonio, drinking in a bar, get into an argument that turns nasty. Hank punches Antonio several times, knocking him down and breaking his nose and collarbone. Which statement is true? (a) Antonio could sue Hank, who might be found guilty. (b) Antonio and the state could start separate criminal cases against Hank. (c) Antonio could sue Hank, and the state could prosecute Hank. (d) The state could prosecute Hank, but only with Antonio’s permission. (e) If the state prosecutes Hank, he will be found liable or not liable, depending on the evidence.

Answer 30

(c) Antonio could sue Hank, and the state could prosecute Hank.