LS100: Chapter 7 Practice Quiz

What is a tort?

The injury involved in a tort can be a physical injury, emotional distress, or damage to one’s reputation or business. It can also be property damage.

Check all that relate to punitive damages.

There are four different types of torts.

What is a cause of action?

Check all that apply to intentional torts.

False imprisonment occurs when a plaintiff is convicted and jailed but later found to be innocent.

A false arrest is a type of false imprisonment in which the confinement or restraint is done by one claiming the authority to make a lawful arrest.

The shopkeeper’s privilege means that a business can make a reasonable detention and investigation if they have reasonable grounds to believe that someone has shoplifted.

Libel and slander are really two different names for the same tort.

Invasion of privacy is a type of tort.

Check all that apply to the Intentional infliction of emotional distress.

Malicious prosecution can apply to both criminal and civil prosecutions.

What are some business torts? (Check all that apply)

Trespass is a tort against personal property, whereas conversion is a tort against real property.

Intellectual property means the information is protected by the attorney-client privilege.

Improper interference in the intellectual property rights of another.

Is fraud a contract issue or a tort issue?

Fraud requires (Check all that apply):

What are the two major defenses to intentional torts? (Check all that apply)

Negligence is: 1) the name given to a tort and 2) also used in its everyday meaning of “carelessness.”

Negligence consists of the following: 1. The tortfeasor was under a duty to use due care. 2. The tortfeasor breached that duty of due care. 3. The tortfeasor’s act was the actual cause of injuries or damages. 4. The tortfeasor’s act was the proximate cause of injuries or damages. 5. Damages were incurred.

The breach of the duty of due care is the negligent or careless act.

Res ipsa loquitur means:

When does negligence per se apply?

Damages: (Check all that apply)

Check all that apply to the term "premises liability":

A business invitee is someone invited onto the property for a business purpose. A licensee is generally a social guest, even though he or she might be invited. A trespasser is one who is not legally on the premises. The highest duty of due care is owed to the trespasser and the lowest duty of due care to the business invitee.

Lawyers can never face liability for professional negligence.

The term product liability is used to describe lawsuits based on defective products.

Loss of consortium is never the basis of a negligence action.

What are some defenses to negligence? (Check all that apply)

The activities that give rise to strict liability are (1) maintaining a dangerous animal, (2) engaging in an abnormally dangerous activity, and (3) manufacturing or distributing a defective product.

Dynamiting is an example of an abnormally dangerous activity in which people are sometimes injured, even when the person engaging in the activity is very careful. In imposing liability in these circumstances, the law shows that compensating injured persons is simply a cost of doing business.