Intentional Torts

Chapter 06

Intentional Torts

True / False Questions

1. Intentional torts are both civil and criminal in nature.
True False

2. Punitive damages can be used for intangible harms such as injury to reputation and emotional distress.
True False

3. One can commit an intentional tort with the conscious desire to cause harm or with the knowledge that harm is substantially certain to result.
True False

4. The plaintiff's burden of proof in a tort case is identical to that of a criminal case.
True False

5. The defendant need not actually touch the plaintiff's body to be liable for battery.
True False

6. Consent can be a defense to battery only if the consent is freely and intelligently given.
True False

7. Assault is an intentional, nonconsensual touching that is harmful or offensive.
True False

8. In order to keep Pat from leaving the house, Geoff locked the front door of his house but forgot to lock the back door. Geoff has falsely imprisoned Pat.
True False

9. A defendant's actions must be outrageous in order to be found guilty of intentional infliction of emotional distress.
True False

10. Libel and slander refer to acts of oral defamation by a malicious agent.
True False

11. In cases of slander per se, defendants are not liable if the statements they uttered were true.
True False

12. Truth is not a defense to a defamation action.
True False

13. Using a person's name or likeness for commercial purposes without that person's consent is a form of invasion of privacy.
True False

14. Tim takes a shortcut across John's yard on his way to school. Even if John gives Tim permission to use John's yard as a shortcut, Tim has still trespassed on John's property.
True False

15. Use of force to drive away a person's customers or employees leads to a tort called disparagement.
True False

Multiple Choice Questions

16. Compensatory damages are also known as:
A. actual damages.
B. punitive damages.
C. nominal damages.
D. statutory damages.

17. Punitive damages:
A. are a small amount of compensation given to the plaintiff.
B. are like actual damages but do not seek to deter the defendant.
C. are damages far less than the plaintiff's injuries, awarded to punish the plaintiff.
D. are damages in excess of the plaintiff's injuries, awarded to punish the defendant.

18. The elements of an intentional tort are:
A. harm to another person/property and intent.
B. harm to person or property, violation of a statute, and intent.
C. violation of a statute and intent.
D. harm to person or property and violation of a statute.

19. The plaintiff's burden of proof in a tort case is proof by a preponderance of the evidence, which is applied in:
A. a case where the defendant's life may be at stake.
B. a case where the defendant's liberty may be at stake.
C. a case where the defendant's money is at stake.
D. all criminal cases

20. Loud Larry is a popular talk show host who likes to take a confrontational approach to interviewing his guests. Larry is a smoker. He invites Alice, a well-known anti-smoking advocate, to be on his show. During the course of the interview, Larry attempts to demonstrate the harmless effects of secondhand smoke by blowing smoke directly in Alice's face. Under these circumstances:
A. Larry may be liable for battery.
B. Larry would not be liable for battery because he did not touch her body.
C. Larry may be liable for false imprisonment.
D. Larry may be liable for defamation.

21. Mike snatched Kathy's purse off her shoulder while she was walking on the street. She, with the help of few others on the street, caught him and produced him before court. Which of the following torts could Kathy prove in a lawsuit against Mike?
A. Assault
B. Battery
C. Defamation
D. Disparagement

22. Lani is upset with her roommate Bill because he refuses to clean up after himself. In a fit of rage, Lani tries to hit him on his head but misses. At the time, Bill is turned away from Lani and is completely unaware that she tried to hit him. Under these circumstances:
A. Lani is liable only for battery.
B. Lani is liable only for assault.
C. Lani is liable neither for battery nor assault.
D. Lani is liable for causing mental distress.

23. Seth was shopping at a local music store looking for a CD, when he suddenly remembered that he had an appointment with his math professor. He pulled his calendar out of his backpack only to discover that he was late for the appointment. Seth quickly put the calendar back into his backpack and ran out of the store. As he made his exit from the store, a security guard asked Seth to accompany him to an office at the back of the store to which Seth consented. Once there, the guard accused Seth of shoplifting. The guard quickly searched Seth and his backpack and found nothing. The guard apologized to Seth and explained that the store had recently experienced an outbreak of theft. The whole incident took less than five minutes. Under these circumstances:
A. Seth can sue the store for false imprisonment.
B. Seth can sue the store for false imprisonment, emotional distress, and battery.
C. The store has conditional privilege to stop persons it feels are shoplifting as long as the owner acts in a reasonable manner and detains the suspect only for a reasonable length of time.
D. The store has no conditional privileges to stop persons it feels are shoplifting, but it is liable for punitive damages.

24. The tort of false imprisonment protects:
A. the right to life.
B. only the freedom of movement.
C. mental and physical interests.
D. only the freedom from knowledge of confinement.

25. Which of the following denotes an injury to a person's reputation?
A. Disparagement
B. Defamation
C. Battery
D. Malice

26. Monica owed Bob $500, which was more than a year overdue. Bob got drunk at a party and told everyone there that Monica had owed him $500 for over a year. Can Monica recover from Bob for defamation?
A. Yes, because Bob abused his conditional privilege.
B. No, because Bob has the defense of truth.
C. Yes, because Bob communicated the statement to third persons and defamed her.
D. Yes, because a statement saying that a person does not pay his/her debts on time is slander per se.

27. William Key Collins called his insurance adjuster, Morris Gage, to discuss a claim. During their phone conversation, Gage told Collins that his chiropractor, Kenneth Ark, was "a quack." Dr. Kenneth Ark overhears this conversation and wants to sue Morris Gage. Which of the following statements is true?
A. Ark can recover from Gage for libel, but only if he proves special damages.
B. Ark can recover from Gage for slander, but only if he proves special damages.
C. Ark can recover from Gage for libel, and actual damages will be presumed.
D. Ark can recover from Gage for slander, and actual damages will be presumed.

28. Which of the following statements supports the explanation of libel?
A. Broadcast defamation, which involves both oral and visual impressions, is generally considered to be libel.
B. Damages are presumed in libel, though the statement is not defamatory on its face.
C. Oral defamation, causing injury to a person's reputation and causing that person considerable anguish and harm is considered to be libel.
D. Private statements between spouses may be defamatory and will be considered to be libel.

29. Which of the following statements is conditionally privileged in defamation suits?
A. Statements by members of Congress on the floor of Congress.
B. Statements made in the furtherance of legitimate business interests.
C. Statements by participants in judicial proceedings.
D. Private statements between spouses.

30. For a public figure to sue for defamation, he/she must prove:
A. actual malice.
B. misuse of privilege.
C. violation of a statute.
D. invasion of privacy.

31. The U.S. Supreme Court requires that actual malice be proved when:
A. public officials sue the media for false and defamatory statements.
B. public officials are found strictly liable for a crime.
C. public figures sue for physical harm resulting from malice.
D. public figures and public officials sue the media for publishing true statements.

32. Which of the following is an example of invasion of privacy?
A. A tenant continuing to stay in a house even after the lease period has expired.
B. The act of wrongfully selling or mortgaging the goods of another.
C. The act of putting an ad in the paper saying that a person does not pay his or her bills.
D. A person providing false statements on a seller's ownership of goods offered for sale.

33. Under the tort of invasion of privacy:
A. some widespread dissemination of information is necessary for liability.
B. true, but public facts about a person can be an invasion of privacy.
C. truth is a defense to "publication of private facts."
D. newsworthy items can be the basis of a successful suit.

34. In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that:
A. the wrongfully brought suit did not terminate in his favor.
B. the suit was brought with probable cause to believe the suit was justified.
C. the suit was brought for an improper purpose.
D. the wrongfully brought suit terminated in the defendant's favor.

35. Abuse of process requires:
A. that the wrongfully brought suit terminated in the defendant's favor.
B. that there be no probable cause in order for the person wrongfully sued to win.
C. proof that the suit was brought for a primary purpose other than the one for which such proceedings are designed.
D. proof that the suit was brought out of malice and to give a remedy for the financial, emotional, and reputational harm caused.

36. This is a common defense to the tort of malicious prosecution.
A. Improper purpose
B. Lack of capacity
C. Probable cause
D. Inducing a breach of contract

37. Cybertrespass is commonly considered to be a trespass on:
A. personal property.
B. real property.
C. private property.
D. immovable property.

38. Which of the following is a common defense to trespass to personal property?
A. Probable cause
B. Privilege
C. Truth
D. Necessity

39. Conversion is defined as:
A. intrusion on a person's solitude or seclusion and publishing private facts about a person.
B. the unlawful taking of or exercise of control over the personal property of another person.
C. the intentional confinement of a person for an appreciable time without the person's consent.
D. the use of force to drive away a person's customers or employees.

40. Which of the following statements is true about conversion and trespass to personal property?
A. Trespass to personal property does not require intent, while conversion does.
B. The degree of interference with another's property rights acts as a basis for the difference between the two.
C. Consent acts is a defense to conversion but will not be considered as a defense for trespass to personal property.
D. Courts do not consider extent of harm to property as a difference between conversion and trespass.

41. The tort of disparagement:
A. requires proof of actual damage.
B. covers true statements about the personal behavior of persons in business.
C. is identical to the tort of slander.
D. does not include truth as a common defense.

42. The tort of interference with contract:
A. does not protect the sanctity of private contractual relationships.
B. does not apply to a person who intentionally induces a person to breach a contract with another.
C. applies to a person who intentionally prevents performance of another person's contract.
D. justifies inducing a breach of contract in most cases.

43. Which of the following is an example of interference with economic relations?
A. Trespass
B. False imprisonment
C. Disparagement
D. Defamation

44. A common defense to the tort of interference with contract is:
A. lack of capacity.
B. privilege.
C. probable cause.
D. inducing a breach of contract.

45. Privilege is not a common defense to which of the following intentional torts?
A. False imprisonment
B. Trespass to land
C. Interference with contract
D. Disparagement

Short Answer Questions

46. Explain the tort of battery.

47. Explain the difference between defamation and disparagement.

48. Miss Shell bought eyeglasses from Vision Co., but she failed to make her payments. The optician's collection agency, the D. Siplin Company, responded very enthusiastically. Siplin phoned Shell about 15 times daily, including calls after midnight. Calls and letters were directed to her employer, her neighbors, and her minister telling them about her indebtedness. Siplin also posted a notice in Vision Co.'s window stating that Shell was behind in her payments, and mounted the same message on a billboard. Shell was admitted to the hospital with a nervous breakdown. Discuss her possible legal remedies against Siplin.

49. Define and discuss the tort of trespass to land.

50. Jim Slim sued Acme Smelting for trespass because microscopic, airborne particles of heavy metals from its copper smelter four miles away had been deposited on his property. The smelter's emissions met all federal, state, and regional regulations, and had caused no actual damage. Is the deposit of microscopic particles on a person's property, without damage, a trespass?

Chapter 06 Intentional Torts Answer Key

True / False Questions

1. (p. 118) Intentional torts are both civil and criminal in nature.
FALSE

AACSB: Ethics
Bloom's: Remember
Difficulty: Easy
Learning Objective: 06-01 Explain what a tort is and what it is designed to do.
Topic: Intentional Torts

2. (p. 118) Punitive damages can be used for intangible harms such as injury to reputation and emotional distress.
FALSE

AACSB: Ethics
Bloom's: Remember
Difficulty: Easy
Learning Objective: 06-01 Explain what a tort is and what it is designed to do.
Topic: Intentional Torts

3. (p. 119) One can commit an intentional tort with the conscious desire to cause harm or with the knowledge that harm is substantially certain to result.
TRUE

AACSB: Ethics
Bloom's: Remember
Difficulty: Easy
Learning Objective: 06-01 Explain what a tort is and what it is designed to do.
Topic: Intentional Torts

4. (p. 119) The plaintiff's burden of proof in a tort case is identical to that of a criminal case.
FALSE

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-02 Define preponderance of the evidence and indicate who has the burden of proof.
Topic: Intentional Torts

5. (p. 119) The defendant need not actually touch the plaintiff's body to be liable for battery.
TRUE

AACSB: Analytic
Bloom's: Remember
Difficulty: Easy
Learning Objective: 06-03 Identify the differences between assault and battery.
Topic: Interference with Personal Rights

6. (p. 119) Consent can be a defense to battery only if the consent is freely and intelligently given.
TRUE

AACSB: Analytic
Bloom's: Remember
Difficulty: Easy
Learning Objective: 06-03 Identify the differences between assault and battery.
Topic: Interference with Personal Rights

7. (p. 120) Assault is an intentional, nonconsensual touching that is harmful or offensive.
FALSE

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-03 Identify the differences between assault and battery.
Topic: Interference with Personal Rights

8. (p. 120) In order to keep Pat from leaving the house, Geoff locked the front door of his house but forgot to lock the back door. Geoff has falsely imprisoned Pat.
FALSE

AACSB: Reflective Thinking
Bloom's: Apply
Difficulty: Medium
Learning Objective: 06-03 Identify the differences between assault and battery.
Topic: Interference with Personal Rights

9. (p. 121) A defendant's actions must be outrageous in order to be found guilty of intentional infliction of emotional distress.
TRUE

AACSB: Analytic
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-03 Identify the differences between assault and battery.
Topic: Interference with Personal Rights

10. (p. 122) Libel and slander refer to acts of oral defamation by a malicious agent.
FALSE

AACSB: Analytic
Bloom's: Remember
Difficulty: Easy
Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect.
Topic: Interference with Personal Rights

11. (p. 123) In cases of slander per se, defendants are not liable if the statements they uttered were true.
TRUE

AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect.
Topic: Interference with Personal Rights

12. (p. 123) Truth is not a defense to a defamation action.
FALSE

13. (p. 126) Using a person's name or likeness for commercial purposes without that person's consent is a form of invasion of privacy.
TRUE

14. (p. 127) Tim takes a shortcut across John's yard on his way to school. Even if John gives Tim permission to use John's yard as a shortcut, Tim has still trespassed on John's property.
FALSE

AACSB: Reflective Thinking
Bloom's: Apply
Difficulty: Medium
Learning Objective: 06-05 Explain the differences between trespass and conversion.
Topic: Interference with Property Rights

15. (p. 129) Use of force to drive away a person's customers or employees leads to a tort called disparagement.
FALSE

AACSB: Analytic
Bloom's: Remember
Difficulty: Easy
Learning Objective: 06-06 Identify the torts protecting economic relations.
Topic: Interference with Economic Relations

Multiple Choice Questions

16. (p. 118) Compensatory damages are also known as:
A. actual damages.
B. punitive damages.
C. nominal damages.
D. statutory damages.

Compensatory damages are also known as actual damages. Persons who are injured by the tortious act of another may file a civil suit for actual (compensatory) damages to compensate them for their injuries.

AACSB: Analytic
Bloom's: Remember
Difficulty: Easy
Learning Objective: 06-01 Explain what a tort is and what it is designed to do.
Topic: Intentional Torts

17. (p. 118) Punitive damages:
A. are a small amount of compensation given to the plaintiff.
B. are like actual damages but do not seek to deter the defendant.
C. are damages far less than the plaintiff's injuries, awarded to punish the plaintiff.
D. are damages in excess of the plaintiff's injuries, awarded to punish the defendant.

Punitive damages are damages in excess of the plaintiff's injuries, awarded to punish the defendant. Punitive damages are used to punish the defendant and deter the defendant and others from repeating behavior that is particularly offensive.

AACSB: Analytic
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-01 Explain what a tort is and what it is designed to do.
Topic: Intentional Torts

18. (p. 119) The elements of an intentional tort are:
A. harm to another person/property and intent.
B. harm to person or property, violation of a statute, and intent.
C. violation of a statute and intent.
D. harm to person or property and violation of a statute.

Torts are private (civil) wrongs against persons or property. Here a plaintiff must establish the defendant's liability by a preponderance of the evidence. The elements of an intentional tort are harm to another person/property and intent. The elements of a crime are violation of a statute and intent.

AACSB: Analytic
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-01 Explain what a tort is and what it is designed to do.
Topic: Intentional Torts

19. (p. 119) The plaintiff's burden of proof in a tort case is proof by a preponderance of the evidence, which is applied in:
A. a case where the defendant's life may be at stake.
B. a case where the defendant's liberty may be at stake.
C. a case where the defendant's money is at stake.
D. all criminal cases

The plaintiff's burden of proof in a tort case is proof by a preponderance of the evidence. This simply means that when both sides have presented their evidence, the greater weight of the believable evidence must be on the plaintiff's side. This standard of proof is applied in all civil cases, in which only money is at stake, in contrast to criminal cases, in which the defendant's life or liberty may be at stake.

AACSB: Analytic
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-02 Define preponderance of the evidence and indicate who has the burden of proof.
Topic: Intentional Torts

20. (p. 119) Loud Larry is a popular talk show host who likes to take a confrontational approach to interviewing his guests. Larry is a smoker. He invites Alice, a well-known anti-smoking advocate, to be on his show. During the course of the interview, Larry attempts to demonstrate the harmless effects of secondhand smoke by blowing smoke directly in Alice's face. Under these circumstances:
A. Larry may be liable for battery.
B. Larry would not be liable for battery because he did not touch her body.
C. Larry may be liable for false imprisonment.
D. Larry may be liable for defamation.

The basic personal interest that any legal system can protect is a person's right to be free from injurious or unpleasant physical contact with others. Battery, an intentional, unconsented-to touching that is harmful or offensive, protects that interest. The least touching can be a battery if it produces injury or would be considered offensive to a person of ordinary sensibilities. In this case, as Larry attempts to demonstrate the harmless effects of secondhand smoke by blowing smoke directly in Alice's face who is an anti-smoking advocate. This can be considered offensive and Larry may be liable for battery.

AACSB: Reflective Thinking
Bloom's: Apply
Difficulty: Hard
Learning Objective: 06-03 Identify the differences between assault and battery.
Topic: Interference with Personal Rights

21. (p. 119) Mike snatched Kathy's purse off her shoulder while she was walking on the street. She, with the help of few others on the street, caught him and produced him before court. Which of the following torts could Kathy prove in a lawsuit against Mike?
A. Assault
B. Battery
C. Defamation
D. Disparagement

The basic personal interest that any legal system can protect is a person's right to be free from injurious or unpleasant physical contact with others. Battery is an intentional, unconsented-to touching that is harmful or offensive, protects that interest. The least touching can be a battery if it produces injury or would be considered offensive to a person of ordinary sensibilities. The defendant need not actually touch the plaintiff's body to be liable for battery. It is sufficient to touch anything connected to the plaintiff's body.

AACSB: Reflective Thinking
Bloom's: Apply
Difficulty: Hard
Learning Objective: 06-03 Identify the differences between assault and battery.
Topic: Interference with Personal Rights

22. (p. 119-120) Lani is upset with her roommate Bill because he refuses to clean up after himself. In a fit of rage, Lani tries to hit him on his head but misses. At the time, Bill is turned away from Lani and is completely unaware that she tried to hit him. Under these circumstances:
A. Lani is liable only for battery.
B. Lani is liable only for assault.
C. Lani is liable neither for battery nor assault.
D. Lani is liable for causing mental distress.

The case in question is liable neither for battery nor assault because, Lani misses while attempting to hit Bill on the head and Bill is unaware of the whole situation. The tort of assault is designed to protect people from threats of battery. Assault is putting another in apprehension of an imminent (immediate) threat to his or her physical safety. Most courts say that "mere words are not enough" for assault and require some affirmative act, like a threatening gesture by the defendant.

AACSB: Reflective Thinking
Bloom's: Apply
Difficulty: Hard
Learning Objective: 06-03 Identify the differences between assault and battery.
Topic: Interference with Personal Rights

23. (p. 120) Seth was shopping at a local music store looking for a CD, when he suddenly remembered that he had an appointment with his math professor. He pulled his calendar out of his backpack only to discover that he was late for the appointment. Seth quickly put the calendar back into his backpack and ran out of the store. As he made his exit from the store, a security guard asked Seth to accompany him to an office at the back of the store to which Seth consented. Once there, the guard accused Seth of shoplifting. The guard quickly searched Seth and his backpack and found nothing. The guard apologized to Seth and explained that the store had recently experienced an outbreak of theft. The whole incident took less than five minutes. Under these circumstances:
A. Seth can sue the store for false imprisonment.
B. Seth can sue the store for false imprisonment, emotional distress, and battery.
C. The store has conditional privilege to stop persons it feels are shoplifting as long as the owner acts in a reasonable manner and detains the suspect only for a reasonable length of time.
D. The store has no conditional privileges to stop persons it feels are shoplifting, but it is liable for punitive damages.

The store has conditional privilege to stop persons it feels are shoplifting as long as the owner acts in a reasonable manner and detains the suspect only for a reasonable length of time. In this case the guard did not behave in an unreasonable manner and did not detain Seth for an unreasonable length of time. The store cannot be sued for false imprisonment, since false imprisonment is the intentional confinement of a person for an appreciable time without the person's consent.

AACSB: Analytic
AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-03 Identify the differences between assault and battery.
Topic: Interference with Personal Rights

24. (p. 120) The tort of false imprisonment protects:
A. the right to life.
B. only the freedom of movement.
C. mental and physical interests.
D. only the freedom from knowledge of confinement.

The tort of false imprisonment protects both physical (freedom of movement) and mental (freedom from knowledge of confinement) interests. False imprisonment is the intentional confinement of a person for an appreciable time (a few minutes is enough) without the person's consent.

AACSB: Analytic
Bloom's: Remember
Difficulty: Easy
Learning Objective: 06-03 Identify the differences between assault and battery.
Topic: Interference with Personal Rights

25. (p. 122) Which of the following denotes an injury to a person's reputation?
A. Disparagement
B. Defamation
C. Battery
D. Malice

Defamation denotes injury to a person's reputation that can cause that person considerable anguish and harm. The torts of libel and slander were designed to protect against such injury. The basis of both torts is the publication of an untrue statement that injures a person's reputation or character.

AACSB: Analytic
AACSB: Ethics
Bloom's: Remember
Difficulty: Easy
Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect.
Topic: Interference with Personal Rights

26. (p. 122) Monica owed Bob $500, which was more than a year overdue. Bob got drunk at a party and told everyone there that Monica had owed him $500 for over a year. Can Monica recover from Bob for defamation?
A. Yes, because Bob abused his conditional privilege.
B. No, because Bob has the defense of truth.
C. Yes, because Bob communicated the statement to third persons and defamed her.
D. Yes, because a statement saying that a person does not pay his/her debts on time is slander per se.

In this case Monica cannot recover from Bob for defamation because, truth is a complete defense to a defamation suit. No matter how embarrassing or terrible the statement, if it is true, the person who communicated it cannot be held liable.

AACSB: Analytic
Bloom's: Apply
Difficulty: Hard
Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect.
Topic: Interference with Personal Rights

27. (p. 122) William Key Collins called his insurance adjuster, Morris Gage, to discuss a claim. During their phone conversation, Gage told Collins that his chiropractor, Kenneth Ark, was "a quack." Dr. Kenneth Ark overhears this conversation and wants to sue Morris Gage. Which of the following statements is true?
A. Ark can recover from Gage for libel, but only if he proves special damages.
B. Ark can recover from Gage for slander, but only if he proves special damages.
C. Ark can recover from Gage for libel, and actual damages will be presumed.
D. Ark can recover from Gage for slander, and actual damages will be presumed.

Ark in this case, has been called a "quack" by Gage. "Quack" is a term used for a person who pretends, professionally or publicly, to have skill, knowledge, or qualifications he or she does not possess. This is considered slander, as it is an oral defamation. Classic forms of slander per se where the damages will be presumed are statements that a person has a "loathsome" disease, has committed a serious crime, is professionally incompetent or guilty of professional improprieties, or is guilty of serious sexual misconduct.

28. (p. 122) Which of the following statements supports the explanation of libel?
A. Broadcast defamation, which involves both oral and visual impressions, is generally considered to be libel.
B. Damages are presumed in libel, though the statement is not defamatory on its face.
C. Oral defamation, causing injury to a person's reputation and causing that person considerable anguish and harm is considered to be libel.
D. Private statements between spouses may be defamatory and will be considered to be libel.

Since injury to a person's reputation can cause that person considerable anguish and harm, the torts of libel (written defamation) and slander (oral defamation) were designed to protect against such injury. Broadcast defamation, which involves both oral and visual impressions, is generally considered to be libel.

AACSB: Analytic
AACSB: Ethics
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect.
Topic: Interference with Personal Rights

29. (p. 123) Which of the following statements is conditionally privileged in defamation suits?
A. Statements by members of Congress on the floor of Congress.
B. Statements made in the furtherance of legitimate business interests.
C. Statements by participants in judicial proceedings.
D. Private statements between spouses.

Statements that are conditionally privileged can serve as a basis for a successful suit if the person publishing the statement abuses the privilege. Statements made in the furtherance of legitimate business interests, such as providing employee references or credit reports, are often conditionally privileged.

AACSB: Analytic
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect.
Topic: Interference with Personal Rights

30. (p. 124) For a public figure to sue for defamation, he/she must prove:
A. actual malice.
B. misuse of privilege.
C. violation of a statute.
D. invasion of privacy.

For a public figure to sue for defamation, he/she must prove actual malice. Public figures, that is, private persons who are famous or have involved themselves in some public controversy face a burden of proof.

31. (p. 124) The U.S. Supreme Court requires that actual malice be proved when:
A. public officials sue the media for false and defamatory statements.
B. public officials are found strictly liable for a crime.
C. public figures sue for physical harm resulting from malice.
D. public figures and public officials sue the media for publishing true statements.

The U.S. Supreme Court has given the media an almost absolute privilege when discussing public officials by requiring that the official prove actual malice when suing for false and defamatory statements. This means that the official must prove that the statement was made with knowledge of falsity, or with reckless disregard for the truth, which is usually very difficult to do.

32. (p. 125) Which of the following is an example of invasion of privacy?
A. A tenant continuing to stay in a house even after the lease period has expired.
B. The act of wrongfully selling or mortgaging the goods of another.
C. The act of putting an ad in the paper saying that a person does not pay his or her bills.
D. A person providing false statements on a seller's ownership of goods offered for sale.

Publishing true but private facts about a person can also be an invasion of privacy. Acts like putting an ad in the paper saying that a person does not pay his or her bills, publishing embarrassing details of a person's illnesses, or publishing pictures of a parent's deformed child are examples of this form of invasion of privacy.

33. (p. 125) Under the tort of invasion of privacy:
A. some widespread dissemination of information is necessary for liability.
B. true, but public facts about a person can be an invasion of privacy.
C. truth is a defense to "publication of private facts."
D. newsworthy items can be the basis of a successful suit.

Under the tort of invasion of privacy, widespread dissemination of the information is necessary for liability. It should also be noted that truth is not a defense to "publication of private facts." Publication of matters of public record, or of newsworthy items (items of legitimate public interest), cannot be the basis of a successful suit for invasion of privacy.

34. (p. 126) In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that:
A. the wrongfully brought suit did not terminate in his favor.
B. the suit was brought with probable cause to believe the suit was justified.
C. the suit was brought for an improper purpose.
D. the wrongfully brought suit terminated in the defendant's favor.

In actions for malicious prosecution and for wrongful use of civil proceedings, the plaintiff must show that the wrongfully brought suit terminated in his favor, that the suit was brought without probable cause to believe the suit was justified, and that it was brought for an improper purpose.

35. (p. 126) Abuse of process requires:
A. that the wrongfully brought suit terminated in the defendant's favor.
B. that there be no probable cause in order for the person wrongfully sued to win.
C. proof that the suit was brought for a primary purpose other than the one for which such proceedings are designed.
D. proof that the suit was brought out of malice and to give a remedy for the financial, emotional, and reputational harm caused.

Abuse of process does not require that the suit terminate in the defendant's favor or that there be no probable cause in order for the person wrongfully sued to win. What is required is proof that the suit was brought for a primary purpose other than the one for which such proceedings are designed.

36. (p. 126) This is a common defense to the tort of malicious prosecution.
A. Improper purpose
B. Lack of capacity
C. Probable cause
D. Inducing a breach of contract

Malicious prosecution, wrongful use of civil proceedings, and abuse of process are three tort theories that protect people from harms resulting from wrongfully brought lawsuits. Malicious prosecution gives a remedy for the financial, emotional, and reputational harm that can result when criminal proceedings are wrongfully brought. Probable cause can be a defense to this tort.

37. (p. 128) Cybertrespass is commonly considered to be a trespass on:
A. personal property.
B. real property.
C. private property.
D. immovable property.

Cybertrespass is commonly considered to be a trespass on personal property, not on real property. Internet service providers are beginning to bring trespass actions against spam distributors who flood the Internet with unsolicited advertisements. This practice of mailing unsolicited bulk e-mail causes serious problems for the service providers.

AACSB: Analytic
Bloom's: Remember
Difficulty: Easy
Learning Objective: 06-05 Explain the differences between trespass and conversion.
Topic: Interference with Property Rights

38. (p. 128) Which of the following is a common defense to trespass to personal property?
A. Probable cause
B. Privilege
C. Truth
D. Necessity

Intentional interference with personal property in the possession of another is a trespass if it harms the property or deprives the possessor of its use for an appreciable time. Privilege is a defense to trespass to personal property. Consent is also considered a defense to such kind of a trespass.

AACSB: Analytic
Bloom's: Remember
Difficulty: Easy
Learning Objective: 06-05 Explain the differences between trespass and conversion.
Topic: Interference with Property Rights

39. (p. 128) Conversion is defined as:
A. intrusion on a person's solitude or seclusion and publishing private facts about a person.
B. the unlawful taking of or exercise of control over the personal property of another person.
C. the intentional confinement of a person for an appreciable time without the person's consent.
D. the use of force to drive away a person's customers or employees.

Conversion is the unlawful taking of or exercise of control over the personal property of another person. The essence of conversion is the wrongful deprivation of a person's personal property rights. One who unlawfully takes goods from the possession of another is liable for conversion even though the taker mistakenly believes he or she is entitled to possession.

AACSB: Analytic
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-05 Explain the differences between trespass and conversion.
Topic: Interference with Property Rights

40. (p. 128) Which of the following statements is true about conversion and trespass to personal property?
A. Trespass to personal property does not require intent, while conversion does.
B. The degree of interference with another's property rights acts as a basis for the difference between the two.
C. Consent acts is a defense to conversion but will not be considered as a defense for trespass to personal property.
D. Courts do not consider extent of harm to property as a difference between conversion and trespass.

The difference between conversion and trespass to personal property is based on the degree of interference with another's property rights. The greater the interference and lack of good faith, the more likely the act will be considered to be conversion, for which the defendant must pay the reasonable value of the property. Consent and privilege are defenses to trespass to personal property.

AACSB: Analytic
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-05 Explain the differences between trespass and conversion.
Topic: Interference with Property Rights

41. (p. 129) The tort of disparagement:
A. requires proof of actual damage.
B. covers true statements about the personal behavior of persons in business.
C. is identical to the tort of slander.
D. does not include truth as a common defense.

False statements about the quality of a seller's product or services, or the seller's ownership of goods offered for sale, may give rise to the tort of disparagement. Proof of actual damage (e.g., lost sales or other opportunities) is necessary for a successful disparagement action.

AACSB: Analytic
Bloom's: Remember
Difficulty: Easy
Learning Objective: 06-06 Identify the torts protecting economic relations.
Topic: Interference with Economic Relations

42. (p. 129) The tort of interference with contract:
A. does not protect the sanctity of private contractual relationships.
B. does not apply to a person who intentionally induces a person to breach a contract with another.
C. applies to a person who intentionally prevents performance of another person's contract.
D. justifies inducing a breach of contract in most cases.

The tort of interference with contract applies to a person who intentionally induces a person to breach a contract with another or who prevents performance of another's contract. This tort, interference with contract, seeks to protect the sanctity of private contractual relationships.

AACSB: Analytic
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-06 Identify the torts protecting economic relations.
Topic: Interference with Economic Relations

43. (p. 129) Which of the following is an example of interference with economic relations?
A. Trespass
B. False imprisonment
C. Disparagement
D. Defamation

Disparagement is an example of interference with economic relations. False statements about the quality of a seller's product or services, or the seller's ownership of goods offered for sale, may give rise to the tort of disparagement. Proof of actual damage (e.g., lost sales or other opportunities) is necessary for a successful disparagement action.

AACSB: Analytic
Bloom's: Remember
Difficulty: Easy
Learning Objective: 06-06 Identify the torts protecting economic relations.
Topic: Interference with Economic Relations

44. (p. 130) A common defense to the tort of interference with contract is:
A. lack of capacity.
B. privilege.
C. probable cause.
D. inducing a breach of contract.

One who intentionally induces a person to breach a contract with another or who prevents performance of another's contract may be liable in damages to the party deprived of the benefits of the contract is said to have committed a tort called interference with contract. Privilege is a common defense to this tort.

AACSB: Analytic
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-06 Identify the torts protecting economic relations.
Topic: Interference with Economic Relations

45. (p. 130) Privilege is not a common defense to which of the following intentional torts?
A. False imprisonment
B. Trespass to land
C. Interference with contract
D. Disparagement

AACSB: Analytic
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-06 Identify the torts protecting economic relations.
Topic: Interference with Economic Relations

Short Answer Questions

46. (p. 119) Explain the tort of battery.

Battery is an intentional, unconsented-to touching that is harmful or offensive. The least touching can be a battery if it produces injury or would be considered offensive to a person of ordinary sensibilities. The defendant need not actually touch the plaintiff's body to be liable for battery. It is sufficient to touch anything connected to the plaintiff's body. A battery can be committed by setting something in motion that touches the plaintiff.

AACSB: Analytic
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-03 Identify the differences between assault and battery.
Topic: Interference with Personal Rights

47. (p. 122) Explain the difference between defamation and disparagement.

Defamation is a claim by an individual wherein there is injury to a person's reputation causing that person considerable anguish and harm. Disparagement pertains to false statements about the quality of a company's products or services.

48. (p. 121,122,125) Miss Shell bought eyeglasses from Vision Co., but she failed to make her payments. The optician's collection agency, the D. Siplin Company, responded very enthusiastically. Siplin phoned Shell about 15 times daily, including calls after midnight. Calls and letters were directed to her employer, her neighbors, and her minister telling them about her indebtedness. Siplin also posted a notice in Vision Co.'s window stating that Shell was behind in her payments, and mounted the same message on a billboard. Shell was admitted to the hospital with a nervous breakdown. Discuss her possible legal remedies against Siplin.

Miss Shell cannot recover for any type of defamation because the statements Siplin communicated about her indebtedness were true. However, she does have a good chance of proving intentional infliction of emotional distress (intentional and outrageous conduct, severe emotional distress, physical symptoms) and invasion of privacy (publication of private facts and intrusion upon solitude).

AACSB: Reflective Thinking
Bloom's: Apply
Difficulty: Hard
Learning Objective: 06-04 Describe the differences among slander; libel; and invasion of privacy; and describe the interests they are designed to protect.
Topic: Interference with Personal Rights

49. (p. 127) Define and discuss the tort of trespass to land.

Any entry by a person onto land in the possession of another is a trespass, unless the entry is done with the possessor's permission or is privileged. The same is true for causing anything to enter the land in the possession of another. Any person who remains on the land of another is trespassing. No actual harm to the property is necessary for trespass. However, if no actual losses result, the plaintiff usually will recover only nominal damages.

AACSB: Analytic
Bloom's: Remember
Difficulty: Easy
Learning Objective: 06-05 Explain the differences between trespass and conversion.
Topic: Interference with Property Rights

50. (p. 127-128) Jim Slim sued Acme Smelting for trespass because microscopic, airborne particles of heavy metals from its copper smelter four miles away had been deposited on his property. The smelter's emissions met all federal, state, and regional regulations, and had caused no actual damage. Is the deposit of microscopic particles on a person's property, without damage, a trespass?

Yes. Trespass is committed when one causes a thing to enter another's land. The entry need not cause harm to the property; however, if Slim cannot demonstrate loss, he is likely to only recover nominal damages. The entry does not need to be direct and immediate. Microscopic particles, undetectable by the naked eye, are still things.

AACSB: Analytic
Bloom's: Understand
Difficulty: Medium
Learning Objective: 06-05 Explain the differences between trespass and conversion.
Topic: Interference with Property Rights

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