Chapter 6 Intentional Torts and Privacy. All Answers

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Chapter 6 Intentional Torts and Privacy N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N A question new to this edition of the Test Bank. + A quest... ion modified from the previous edition of the Test Bank. = A question included in the previous edition of the Test Bank. A1. Tort is a French word for “court.” F : 116 TYPE: = NAT: AACSB Analytic AICPA Legal A2. The purpose of tort law is to provide remedies when legally protected interests have been invaded. T : 116 TYPE: = NAT: AACSB Analytic AICPA Legal A3. Tortfeasor is the term for a person who commits a tort. T : 116 TYPE: = NAT: AACSB Analytic AICPA Legal A4. To commit an intentional tort, one person must intend to harm a certain other person. F : 117 TYPE: = NAT: AACSB Analytic AICPA Legal A5. Self-defense is a defense to a charge of assault. T : 118 TYPE: N NAT: AACSB Analytic AICPA Legal A6. False imprisonment can be a tort if confinement or restraint is unjustified. T : 118 TYPE: N NAT: AACSB Analytic AICPA Legal A7. An act that causes indignity is sufficient to recover for the infliction of emotional distress. F : 118 TYPE: N NAT: AACSB Analytic AICPA Legal A8. An oral defamatory statement must be communicated to a third party to be actionable. T : 120 TYPE: = NAT: AACSB Analytic AICPA Legal A9. An individual’s right to privacy includes the exclusive use of his or her likeness. T : 122 TYPE: = NAT: AACSB Analytic AICPA Legal A10. An unauthorized scan of a bank account can be an invasion of privacy. T : 122 TYPE: + NAT: AACSB Reflective AICPA Legal A11. An unauthorized search is not an invasion of privacy. F : 122 TYPE: + NAT: AACSB Reflective AICPA Legal A12. Normally, fraud occurs only when there is reliance on a statement of truth. F : 123 TYPE: = NAT: AACSB Analytic AICPA Legal A13. Unintentionally causing a party to break a contract may constitute wrong¬ful interference with a contractual relationship. F : 124 TYPE: = NAT: AACSB Reflective AICPA Legal A14. Bona fide competitive behavior can constitute wrongful interference with a contractual relationship. F : 126 TYPE: = NAT: AACSB Analytic AICPA Legal A15. An artisan’s lien is a defense to a charge of trespass to personal property. T : 127 TYPE: = NAT: AACSB Reflective AICPA Legal A16. Conversion cannot occur when a person mistakenly believes that he or she is entitled to the goods. F : 127 TYPE: + NAT: AACSB Reflective AICPA Legal A17. Disparagement of property is another term for appropriation. F : 128 TYPE: = NAT: AACSB Analytic AICPA Legal A18. An Internet service provider is generally not liable for publishing a defamatory statement that comes from a third party. T : 130 TYPE: N NAT: AACSB Reflective AICPA Legal A19. There are no state statutes regulating the use of spam. F : 131 TYPE: + NAT: AACSB Analytic AICPA Legal A20. Federal law permits the use of unsolicited commercial e-mail but prohibits certain types of spamming activities. T : 132 TYPE: = NAT: AACSB Analytic AICPA Legal MULTIPLE CHOICE QUESTIONS A1. Boris pushes Cordelia. She falls and breaks her arm. Boris is liable for the injury a. if he intended to push Cordelia. b. only if he did not intend to break Cordelia’s arm. c. only if he had a bad motive for pushing Cordelia. d. only if he intended to break Cordelia’s arm. A : 117 TYPE: = NAT: AACSB Reflective AICPA Legal A2. At Parkside Bistro, Ogden believes that he was overcharged and shoves Nellie, the waiter. Nellie sues Ogden, alleging that the shove was a battery. Ogden is liable a. if Parkside did not overcharge Ogden. b. if the shove was offensive. c. if Ogden acted out of malice. d. under no circumstances—the shove was not a battery. B : 118 TYPE: + NAT: AACSB Reflective AICPA Legal A3. Deleon trespasses on Capital Corporation’s property. Through the use of rea-sonable force, Capital’s security guard Brenda detains Deleon until the police ar¬rive. Capital is most likely liable for a. abuse of process. b. false imprisonment. c. trespass to personal dignity. d. none of the choices. D : 118 TYPE: + NAT: AACSB Reflective AICPA Legal A4. Jaqy distributes a handbill among her neighbors accusing one of them—Ked—of being a convicted sex offender. The statement is defamatory only if a. a neighbor repeats it. b. Ked suffers emotional distress. c. the statement is true. d. the statement is false. D : 119 TYPE: = NAT: AACSB Reflective AICPA Legal A5. During a heated legislative debate, Representative Peony makes a statement of fact damaging Senator Rose’s good reputation. Peony knows the statement is not true. In this situation, Peony is most likely a. liable for defamation. b. not liable for defamation because only Rose’s reputation was hurt. c. not liable for defamation because Peony enjoys a privilege. d. not liable for defamation because nobody listens to such debates. C : 121 TYPE: N NAT: AACSB Reflective AICPA Legal A6. 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 a. appropriation. b. conversion. c. wrongful interference with a customary relationship. d. none of the choices. A : 122 TYPE: = NAT: AACSB Reflective AICPA Legal A7. From a computer in a distant location, Sergio searches Tia’s personal computer without her permission. Sergio is most likely liable for a. appropriation. b. conversion. c. invasion of privacy. d. no tort. C : 122 TYPE: N NAT: AACSB Reflective AICPA Legal A8. 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 a. fraud if the statement is the truth. b. fraud if Jim believes that this statement is not true. c. fraud if Jim is stating his opinion, not the facts. d. not fraud. D : 123 TYPE: = NAT: AACSB Reflective AICPA Legal A9. 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 a. emotion. b. fact. c. illusion. d. opinion. B : 123 TYPE: = NAT: AACSB Reflective AICPA Legal A10. 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 a. conversion. b. trespass to personal property. c. wrongful interference with a business relationship. d. trade libel. C : 125 TYPE: = NAT: AACSB Reflective AICPA Legal A11. OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is a. appropriation. b. conversion. c. wrongful interference with a contractual relationship. d. none of the choices. D : 126 TYPE: = NAT: AACSB Reflective AICPA Legal A12. Joy invites Ken into her apartment. Ken commits trespass to land if he a. enters the apartment with fraudulent intent. b. harms the apartment in any way. c. makes disparaging remarks about Joy to others. d. refuses to leave when Joy asks him to go. D : 126 TYPE: = NAT: AACSB Reflective AICPA Legal A13. Jane enters onto Sam’s property to help someone in danger. If Sam charges Jane with trespass to land, Jane has a. no defense. b. a possible defense. c. a partial defense. d. a complete defense. D : 126 TYPE: = NAT: AACSB Reflective AICPA Legal A14. 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 a. appropriation. b. disparagement of property. c. trespass to personal property. d. wrongful interference with a business relationship. C : 127 TYPE: = NAT: AACSB Reflective AICPA Legal A15. Quin, a clerk at PC Computer Store, takes a computer from the store without PC’s permission. Quin is liable for conversion a. if he damages the computer. b. if he does not have a good reason for taking the computer. c. if he fails to prevent a theft of the computer from his possession. d. under any circumstances. D : 127 TYPE: = NAT: AACSB Reflective AICPA Legal A16. 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 a. conversion. b. disparagement of property. c. no tort. d. wrongful interference with a business relationship. A : 127 TYPE: = NAT: AACSB Reflective AICPA Legal A17. In a newspaper ad, Select Used Motors falsely accuses Top Value Vehicles, a competitor, of selling stolen cars. Top Value’s sales decrease. Select has most likely committed a. defamation. b. no tort. c. slander of quality. d. slander of title. D : 129 TYPE: + NAT: AACSB Reflective AICPA Legal A18. An anonymous person posts online a defamatory message about Dewitt. Not knowing the poster’s identity, Dewitt files a suit against “John Doe.” Using the authority of the court, Dewitt can obtain from the poster’s Internet service provider a. an apology. b. damages. c. the identity of the poster. d. none of the choices. C : 129 TYPE: N NAT: AACSB Reflective AICPA Legal A19. Oakley posts a defamatory remark about Pierre in “Roominate,” an online social network maintained by SocNet, Inc., an Internet service provider. Most likely to be held liable for the remark is a. Oakley. b. Pierre. c. Roominate. d. SocNet. A : 130 TYPE: N NAT: AACSB Reflective AICPA Legal A20. From a location in Asia, Basil sends spam to U.S. e-mail addresses touting a variety of deceptive scams in an attempt to dupe unwitting recipients into revealing their bank account and credit card numbers. Under the U.S. Safe Web Act, the Federal Trade Commission can a. authorize the scamming of citizens in Asia. b. do nothing. c. share information with foreign agencies to investigate and prosecute. d. undertake secret activities to destroy Asian servers. C : 132 TYPE: N NAT: AACSB Reflective AICPA Legal ESSAY QUESTIONS A1. Precise Engineering Corporation has a contract with Quik Mart Stores to provide customized software for Quik’s inventory control system. Retail Outlets, Inc, Quik’s competitor, induces Sam, a Precise subcon¬trac¬tor who is writing code for the Quik software, to delay delivery of the code for one week. As a result, Precise’s delivery of the software is delayed, and Quik sustains $500,000 in lost profits. On what ground could Quik recover damages from Retail Outlets? A2. After two years of research and an investment of a substantial amount of money, Coast-to-Coast Company (CC) develops a new product that it hopes will produce substantial profits. CC learns that a competitor, National Sales, Inc., has made and begun to sell a nearly identical prod¬uct. CC learns from a reliable source that National paid a CC employee to obtain the plans for CC’s product when it was in development. What legal re¬course does CC have against National? [Show More]

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