Question 1

If a magazine publishes a false statement about a public personality,it is liable for invasion of the right to privacy.

Accepted Answer

A) True 
 B)False  False

Question 2

________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

Accepted Answer

A) Causation in fact 
B) Point of reason 
C) Point of appropriation 
D) Proximate cause 
A) Causation in fact 
B) Point of reason 
C) Point of appropriation 
D) Proximate cause D

Question 3

Explain the torts of appropriation and invasion of the right to privacy with examples.

Accepted Answer

Any attempt by another person to appropriate a living person's name or identity for commercial purposes is actionable.The wrongdoer is liable for the tort of misappropriation of the right to publicity (also called the tort of appropriation).For example,if an advertising agency places Megan Fox's photo on a billboard advertising a product without her permission,it has engaged in the tort of misappropriation of the right to publicity.
The law recognizes each person's right to live his or her life without being subjected to unwarranted and undesired publicity.A violation of this right constitutes the tort of invasion of the right to privacy.If a fact is public information,there is no claim to privacy.Secretly taking photos of another person with a cell phone camera in a men's or women's locker room would constitute invasion of the right to privacy.

Question 4

The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed as ________.

Accepted Answer

A) libel 
B) res ipsa loquitur 
C) the Good Samaritan law 
D) duty of care 
A) libel 
B) res ipsa loquitur 
C) the Good Samaritan law 
D) duty of care

Question 5

According to the doctrine of ________,a participant in a covered activity will be held liable for any injuries caused by the activity,even if he or she was not negligent.

Accepted Answer

A) strict liability 
B) assumption of risk 
C) comparative negligence 
D) contributive negligence 
A) strict liability 
B) assumption of risk 
C) comparative negligence 
D) contributive negligence

Question 6

Michael wanted to shoot Gary but accidentally injured Stella with the bullet.Which of the following can Stella use to recover damages from Michael?

Accepted Answer

A) doctrine of unintentional tort 
B) doctrine of proximate cause 
C) doctrine of negligence 
D) transferred intent doctrine 
A) doctrine of unintentional tort 
B) doctrine of proximate cause 
C) doctrine of negligence 
D) transferred intent doctrine

Question 7

In order to claim damages for negligence per se,the plaintiff need not prove that he or she was within a class of persons meant to be protected by the statute.

Accepted Answer

A) True 
 B)False

Question 8

John was on his way home when an assailant stopped his car and threatened to physically harm him if he ever saw him drive on that street again.John can sue the assailant to recover damages for ________.

Accepted Answer

A) assault 
B) battery 
C) libel 
D) disparagement 
A) assault 
B) battery 
C) libel 
D) disparagement

Question 9

Res ipsa loquitor is a tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care.

Accepted Answer

A) True 
 B)False

Question 10

Sending an objectionable e-mail to a third party and signing another's name constitute the tort of ________.

Accepted Answer

A) invasion of the right to privacy 
B) defamation of character 
C) battery 
D) intentional misrepresentation 
A) invasion of the right to privacy 
B) defamation of character 
C) battery 
D) intentional misrepresentation

Question 11

Disparagement refers to the liability of a professional who breaches his or her duty of ordinary care.

Accepted Answer

A) True 
 B)False

Question 12

Assumption of risk is a defense a defendant can use against a plaintiff who knowingly and voluntarily participates in a risky activity that results in injury.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following statements is true of battery?

Accepted Answer

A) Battery refers to intentional infliction of emotional distress. 
B) Assault and battery often occur together. 
C) Actual physical contact is not necessary for a tort to be termed as battery. 
D) Indirect physical contact between the victim and the perpetrator is not battery. 
A) Battery refers to intentional infliction of emotional distress. 
B) Assault and battery often occur together. 
C) Actual physical contact is not necessary for a tort to be termed as battery. 
D) Indirect physical contact between the victim and the perpetrator is not battery.

Question 14

Under negligence,a person is liable only for ________ events.

Accepted Answer

A) intervening 
B) foreseeable 
C) superseding 
D) overruling 
A) intervening 
B) foreseeable 
C) superseding 
D) overruling

Question 15

Jessica is babysitting Kyle one afternoon when Kyle starts bleeding from his nose.Jessica manages to stop the bleeding and rushes out to the nearest pharmacy-three miles away-to get medication for him.While doing so,she locks the house from outside and asks Kyle not to leave the house until she returns.The only way he can get out of the house is by breaking a window.Due to a roadblock on her way back,Jessica is delayed by an hour.Which of the following statements is true in this case?

Accepted Answer

A) Jessica is liable for kidnapping. 
B) Jessica is liable for negligence as well as breach of duty of care. 
C) Jessica can be sued for false imprisonment. 
D) Jessica is not liable for prosecution for an intentional tort. 
A) Jessica is liable for kidnapping. 
B) Jessica is liable for negligence as well as breach of duty of care. 
C) Jessica can be sued for false imprisonment. 
D) Jessica is not liable for prosecution for an intentional tort.

Question 16

Which of the following statements is true of the tort of assault?

Accepted Answer

A) Physical contact is the only requirement for a tort of assault. 
B) An attack is considered an assault only if the defendant was provoked to attack a plaintiff. 
C) An attack is not considered an assault if the defendant was provoked to attack a plaintiff. 
D) Actual physical contact between plaintiff and defendant is not necessary. 
A) Physical contact is the only requirement for a tort of assault. 
B) An attack is considered an assault only if the defendant was provoked to attack a plaintiff. 
C) An attack is not considered an assault if the defendant was provoked to attack a plaintiff. 
D) Actual physical contact between plaintiff and defendant is not necessary.

Question 17

________ refers to an attempt by another person to take over a living person's name or identity for commercial purposes.

Accepted Answer

A) Invasion of the right to privacy 
B) Tort of appropriation 
C) Defamation of character 
D) Disparagement 
A) Invasion of the right to privacy 
B) Tort of appropriation 
C) Defamation of character 
D) Disparagement

Question 18

Which of the following instances depicts the tort of outrage?

Accepted Answer

A) A farmer's crops are set on fire by an unidentified miscreant. 
B) A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress. 
C) A cosmetics company uses Julia Roberts' image without her consent to depict her as its brand ambassador. 
D) A beverage-manufacturer claims that its competitor uses coffee beans of poor quality. 
A) A farmer's crops are set on fire by an unidentified miscreant. 
B) A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress. 
C) A cosmetics company uses Julia Roberts' image without her consent to depict her as its brand ambassador. 
D) A beverage-manufacturer claims that its competitor uses coffee beans of poor quality.

Question 19

In order to use the defense of assumption of risk,the defendant has to prove that the plaintiff ________.

Accepted Answer

A) assumed there was no risk involved and entered into the activity that injured him or her 
B) was injured after the defendant's liability for the risk ended 
C) was injured in an activity that had no risk of any manner 
D) had knowledge of the specific risk and voluntarily assumed the risk 
A) assumed there was no risk involved and entered into the activity that injured him or her 
B) was injured after the defendant's liability for the risk ended 
C) was injured in an activity that had no risk of any manner 
D) had knowledge of the specific risk and voluntarily assumed the risk

Question 20

When and how can a plaintiff claim damages if the defendant has breached a duty of care?

Accepted Answer

Even though a defendant's negligent act

Exam 5: Intentional Torts and Negligence

If a magazine publishes a false statement about a public personality,it is liable for invasion of the right to privacy.

________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

Explain the torts of appropriation and invasion of the right to privacy with examples.

The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed as ________.

According to the doctrine of ________,a participant in a covered activity will be held liable for any injuries caused by the activity,even if he or she was not negligent.

Michael wanted to shoot Gary but accidentally injured Stella with the bullet.Which of the following can Stella use to recover damages from Michael?

In order to claim damages for negligence per se,the plaintiff need not prove that he or she was within a class of persons meant to be protected by the statute.

John was on his way home when an assailant stopped his car and threatened to physically harm him if he ever saw him drive on that street again.John can sue the assailant to recover damages for ________.

Res ipsa loquitor is a tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care.

Sending an objectionable e-mail to a third party and signing another's name constitute the tort of ________.

Disparagement refers to the liability of a professional who breaches his or her duty of ordinary care.

Assumption of risk is a defense a defendant can use against a plaintiff who knowingly and voluntarily participates in a risky activity that results in injury.

Which of the following statements is true of battery?

Under negligence,a person is liable only for ________ events.

Which of the following statements is true of the tort of assault?

________ refers to an attempt by another person to take over a living person's name or identity for commercial purposes.

Which of the following instances depicts the tort of outrage?

In order to use the defense of assumption of risk,the defendant has to prove that the plaintiff ________.

When and how can a plaintiff claim damages if the defendant has breached a duty of care?

Legal Environment of Business and Online Commerce

Courts and Jurisdiction

Judicial, alternative, and Online Dispute Resolution

Constitutional Law for Business and E-Commerce

Product and Strict Liability

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crime

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Digital Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Warranties

Creation of Negotiable Instruments

Holder in Due Course and Transferability

Liability, defenses, and Discharge

Banking System and Electronic Financial Transactions

Credit, mortgages, and Debtors Rights

Secured Transactions

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, agents, and Independent Contractors

Employment, worker Protection, and Immigration Law

Labor Law

Equal Opportunity in Employment

Small Business, entrepreneurship, and General Partnerships

Limited Partnerships and Special Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Businesses

Investor Protection, e-Securities, and Wall Street Reform

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection

Antitrust Law and Unfair Trade Practices

Personal Property, real Property, and Insurance

Real Property

Landlord-Tenant Law and Land Use Regulation

Insurance

Accountants Duties and Liability

Wills, trusts, and Estates

Family Law

International and World Trade Law

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