Question 1

A single set of facts may give rise to claims under more than one tort.

Accepted Answer

A) True 
 B)False

Question 2

The tort of malicious prosecution protects the right to enjoy the benefits of legally binding agreements.

Accepted Answer

A) True 
 B)False

Question 3

In CASE 9.1 Kubert v.Best (2013),the court ruled that an individual who is texting from a location remote from the driver of a car can be held liable for persons injured because the driver was distracted by the text message.

Accepted Answer

A) True 
 B)False

Question 4

Under the Children's Online Privacy Protection Act,websites are prohibited from collecting personal information from children regardless of whether parental consent is obtained.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is true regarding battery?

Accepted Answer

A)  Battery is the negligent,nonconsensual,harmful,or offensive contact with the plaintiff's body or with something in contact with it. 
B)  Battery is the intentional,nonconsensual,harmful,or offensive contact with the plaintiff's body or with something in contact with it. 
C)  Battery is the intentional,consensual,harmful,or offensive contact with the plaintiff's body or with something in contact with it. 
D)  Battery is the negligent,consensual,harmful,or offensive contact with the plaintiff's body or with something in contact with it. 
A)  Battery is the negligent,nonconsensual,harmful,or offensive contact with the plaintiff's body or with something in contact with it. 
B)  Battery is the intentional,nonconsensual,harmful,or offensive contact with the plaintiff's body or with something in contact with it. 
C)  Battery is the intentional,consensual,harmful,or offensive contact with the plaintiff's body or with something in contact with it. 
D)  Battery is the negligent,consensual,harmful,or offensive contact with the plaintiff's body or with something in contact with it.

Question 6

According to the text,is an employer negligent for failing to protect an employee from being attacked by a dog,regardless of whether the dog is known to have abnormally dangerous propensities? (See the Labaj v.VanHouton case.)

Accepted Answer

A)  An employer has no duties in regard to an animal on the premises because of the rule that animals cannot be absolutely controlled under any circumstances. 
B)  An employer can be held strictly liable for failing to protect an employee from getting attacked by a dog,even if the dog is not known to possess abnormally dangerous propensities. 
C)  An employer cannot be negligent for failing to protect an employee from getting attacked by a dog unless the dog is not known to possess abnormally dangerous propensities. 
D)  An employer can be negligent for failing to protect an employee from getting attacked by a dog,even if the dog is not known to possess abnormally dangerous propensities. 
A)  An employer has no duties in regard to an animal on the premises because of the rule that animals cannot be absolutely controlled under any circumstances. 
B)  An employer can be held strictly liable for failing to protect an employee from getting attacked by a dog,even if the dog is not known to possess abnormally dangerous propensities. 
C)  An employer cannot be negligent for failing to protect an employee from getting attacked by a dog unless the dog is not known to possess abnormally dangerous propensities. 
D)  An employer can be negligent for failing to protect an employee from getting attacked by a dog,even if the dog is not known to possess abnormally dangerous propensities.

Question 7

Which of the following is true regarding what a plaintiff may recover under strict liability once the court determines that the activity is abnormally dangerous?

Accepted Answer

A)  The doctrine of comparative negligence determines the amount a plaintiff may recover. 
B)  Only where respondeat superior is in evidence could any damages be collected. 
C)  Evidence of due care would prevent an award of punitive damages under strict liability. 
D)  Evidence of due care would prevent an award of punitive damages under a theory of negligence. 
A)  The doctrine of comparative negligence determines the amount a plaintiff may recover. 
B)  Only where respondeat superior is in evidence could any damages be collected. 
C)  Evidence of due care would prevent an award of punitive damages under strict liability. 
D)  Evidence of due care would prevent an award of punitive damages under a theory of negligence.

Question 8

Playing loud music late at night for recreation in a residential neighborhood can constitute a private nuisance.

Accepted Answer

A) True 
 B)False

Question 9

The wrongful interference with the right to the quiet use and enjoyment of land is associated with the tort of

Accepted Answer

A)  trespass. 
B)  nuisance. 
C)  ultrahazardous activities. 
D)  strict liability. 
A)  trespass. 
B)  nuisance. 
C)  ultrahazardous activities. 
D)  strict liability.

Question 10

_____ occurs when an individual exercises dominion and control over the personal property,rather than the real property,of another.

Accepted Answer

A)  Conversion 
B)  Trespass 
C)  Involuntary deceit 
D)  Both conversion and trespass 
A)  Conversion 
B)  Trespass 
C)  Involuntary deceit 
D)  Both conversion and trespass

Question 11

Malin told Parker that Parker could park a farm tractor on Malin's land but only for one month.Two months later,Malin is annoyed because the farm tractor is still in the same place; and Parker refuses to move it.Which of the following causes of action,if any,would Malin have against Parker?

Accepted Answer

A)  Trespass 
B)  Nuisance 
C)  Negligence 
D)  Trespass and nuisance,but not negligence 
A)  Trespass 
B)  Nuisance 
C)  Negligence 
D)  Trespass and nuisance,but not negligence

Question 12

Discuss the liability of the attorneys to third parties,particularly in the matter of the Enron fraud case.

Accepted Answer

Texas law requires privity of contract f

Question 13

______ is the publication of statements derogatory to the quality of the plaintiff's business,to the business in general,or to the plaintiff's personal affairs in order to discourage others from dealing with him or her.

Accepted Answer

A)  Disparagement 
B)  Critical falsehood 
C)  Defamation 
D)  Malicious derogatorism 
A)  Disparagement 
B)  Critical falsehood 
C)  Defamation 
D)  Malicious derogatorism

Question 14

In the classic case Palsgraf v.Long Island Railroad (1928),the court denied Mrs.Palsgraf's claim of negligence on the ground that her injuries were __________,therefore the railroad employee's actions were not __________ of her injuries.

Accepted Answer

A)  not foreseeable; a proximate cause 
B)  not foreseeable; an actual cause 
C)  the actual cause; representative 
D)  not foreseeable; the intentional factor in the claim 
A)  not foreseeable; a proximate cause 
B)  not foreseeable; an actual cause 
C)  the actual cause; representative 
D)  not foreseeable; the intentional factor in the claim

Question 15

The tort of negligence does not include the element of

Accepted Answer

A)  duty. 
B)  causation. 
C)  fault. 
D)  intent. 
A)  duty. 
B)  causation. 
C)  fault. 
D)  intent.

Question 16

Ryan is suing Darby for negligence arising out of a boating accident.What are the elements that Ryan must prove in order to win the case? Discuss fully.

Accepted Answer

To establish liability under a negligenc

Question 17

A number of states have enacted statutes offering some protection to employers who make recommendations in good faith so that those who include negative information are not subject to a defamation suit by the former employee.

Accepted Answer

A) True 
 B)False

Question 18

Contributory negligence means a defendant who is only 5 percent responsible for causing a plaintiff 's injuries will not be liable for more than 5 percent of the total damages awarded.

Accepted Answer

A) True 
 B)False

Question 19

Trespass to personal property and conversion are different names for the same tort.

Accepted Answer

A) True 
 B)False

Question 20

The United States is regarded as providing adequate privacy protection under privacy laws of the European Union.

Accepted Answer

A) True 
 B)False

Exam 9: Torts and Privacy Protection

A single set of facts may give rise to claims under more than one tort.

The tort of malicious prosecution protects the right to enjoy the benefits of legally binding agreements.

In CASE 9.1 Kubert v.Best (2013),the court ruled that an individual who is texting from a location remote from the driver of a car can be held liable for persons injured because the driver was distracted by the text message.

Under the Children's Online Privacy Protection Act,websites are prohibited from collecting personal information from children regardless of whether parental consent is obtained.

Which of the following is true regarding battery?

According to the text,is an employer negligent for failing to protect an employee from being attacked by a dog,regardless of whether the dog is known to have abnormally dangerous propensities? (See the Labaj v.VanHouton case.)

Which of the following is true regarding what a plaintiff may recover under strict liability once the court determines that the activity is abnormally dangerous?

Playing loud music late at night for recreation in a residential neighborhood can constitute a private nuisance.

The wrongful interference with the right to the quiet use and enjoyment of land is associated with the tort of

_____ occurs when an individual exercises dominion and control over the personal property,rather than the real property,of another.

Malin told Parker that Parker could park a farm tractor on Malin's land but only for one month.Two months later,Malin is annoyed because the farm tractor is still in the same place; and Parker refuses to move it.Which of the following causes of action,if any,would Malin have against Parker?

Discuss the liability of the attorneys to third parties,particularly in the matter of the Enron fraud case.

______ is the publication of statements derogatory to the quality of the plaintiff's business,to the business in general,or to the plaintiff's personal affairs in order to discourage others from dealing with him or her.

In the classic case Palsgraf v.Long Island Railroad (1928),the court denied Mrs.Palsgraf's claim of negligence on the ground that her injuries were __________,therefore the railroad employee's actions were not __________ of her injuries.

The tort of negligence does not include the element of

Ryan is suing Darby for negligence arising out of a boating accident.What are the elements that Ryan must prove in order to win the case? Discuss fully.

A number of states have enacted statutes offering some protection to employers who make recommendations in good faith so that those who include negative information are not subject to a defamation suit by the former employee.

Contributory negligence means a defendant who is only 5 percent responsible for causing a plaintiff 's injuries will not be liable for more than 5 percent of the total damages awarded.

Trespass to personal property and conversion are different names for the same tort.

The United States is regarded as providing adequate privacy protection under privacy laws of the European Union.

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In the classic case Palsgraf v.Long Island Railroad (1928),the court denied Mrs.Palsgraf's claim of negligence on the ground that her injuries were ,therefore the railroad employee's actions were not of her injuries.