Business Law With Ucc Applications 14th Edition Sukys Test Bank

Business Law with UCC Applications
14th Edition Sukys Test Bank

Visit to download the full and correct content document: https://testbankdeal.com/dow
nload/business-law-with-ucc-applications-14th-edition-sukys-test-bank/
Chapter 06
Tort Law and Cybertorts
True / False Questions
1. Jim ran a stop sign hitting Martin's car, and both were injured. Jim is now the injured party and
Martin is the tortfeasor.
True False
2. The doctrine of respondeat superior is also referred to as vicarious liability.
True False
3. A duty is an essential element of tort law, as well as a legal obligation placed on an individual.
True False
4. The Daubert v. Merrell Dow Pharmaceuticals case involved a question of expert testimony and
the causation of the plaintiff's injuries.
True False
5. Shopkeeper's privilege allows a store owner to detain a shopper without suspicion that an
incident has occurred.
True False
6. Oral truth is not a defense to a suit for libel.
True False
6-1
Copyright © 2017 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of
McGraw-Hill Education.
7. Celeste, a former governor who is running for President, can successfully sue a tabloid for
defamation by merely proving the statements printed in the tabloid are false.
True False
8. In many states, to successfully sue for intentional infliction of emotional distress, a plaintiff must
prove he or she has suffered some accompanying physical injury.
True False
9. If William sues Sam for fraud with the intention of pressuring Sam to sell his business to William,
William has committed an abuse of process.
True False
10. Proximate cause is the same as "cause in fact."
True False
11. The defense of contributory negligence involves the failure of the injured party to be careful
enough to ensure his or her personal safety.
True False
12. The Classic Case of Overseas Tankship v. Morts Dock and Engineering involved a question of
whether the harm suffered by the plaintiffs was reasonably foreseeable.
True False
13. Contributory negligence is a defense that completely prevents the plaintiff (the injured party) from
recovering any damages.
True False
6-2
14. Assumption of risk can be used as defense to negligence if the victim is forced to enter the risky
situation because no other choice is available.
True False
15. James uses fireworks to celebrate the victory of his favorite team in the soccer finals. If James
unintentionally injures a person walking on the pavement, he can be held responsible based on
strict liability.
True False
16. A product in a defective condition is unreasonably dangerous to the user, consumer, or property.
True False
17. Cybertorts frequently involve intentional harm to an individual's physical well-being.
True False
18. Under the Communications Decency Act, an Internet service provider can be held liable for the
defamatory content of a customer's posting.
True False
19. Cyber defamation involves false statements communicated through the Internet to others that in
some way casts doubt upon the ownership or the quality of an item of property or a product
offered for sale.
True False
20. An injunction occurs when a court orders a defendant to pay damages or face jail time.
True False
6-3
21. "Survival statutes" allow the family members of an individual, who is killed as the result of a tort,
to sue the wrongdoer for the loss of support from the deceased.
True False
22. Wrongful death statutes allow a creditor to bring a lawsuit on behalf of the deceased.
True False
Multiple Choice Questions
23. The primary purpose of tort law is to:
A. prevent and punish criminal offenders.

B. protect people from being tried twice for the same crime.
C. compensate for the injured party's loss.
D. protect victims' rights.
24. Criminal law differs from tort law in that:
A. criminal law involves a public wrong.

B. tort law involves legal action by governmental authorities.
C. tort law protects the public.
D. criminal law compensates the injured party's loss.
6-4
25. The theory of ____________ means ____________.
A. respondeat superior; torts committed by an employee during his employment will result in both
the employee and the employer being held liable under tort law
B. respondeat superior; an employee may be held liable under tort law for the torts committed by
her employer, while the employee was working at the organization
C. respondeat superior; an employee working with an organization and having committed a tort
can be held liable for even though he or she did not intend the harm
D. proximate cause; an organization is not held liable under tort law for the torts committed by its
employees during their work tenure at the organization
26. The Daubert case involved jurisscience, the intersection of law and science, to help the court
determine a question of real or:
A. vicarious liability.
B. causation in fact.
C. duty.
D. proximate cause.
27. In a road rage incident, Jack aims a firearm at Reagan. No shots are fired and the incident is over
in less than 15 seconds. Reagan may sue Jack for:
A. assault.
B. battery.
C. false imprisonment.
D. disparagement.
6-5
28. Senator Smith, speaking on the floor of the U.S. Senate, makes a statement about Ms. Doe, a
private citizen, that is false. In order for to prevail at trial, she must prove Senator Smith made the
____________ statement with ____________ because of his status as a ____________.
A. disparaging; malice; public figure

B. privileged; recklessness; public figure
C. privileged; actual malice; public figure
D. false; malice; temporary public figure
29. Vienna is a quiet, reclusive, stay-at-home mom. However, last week she became a ____________
after she rescued her neighbor's child from drowning in canal and was interviewed on national
television as "America's Mom." As long as her notoriety lasts, she will be held to the ____________
test.
A. temporary public figure; actual malice

B. public figure; slander per se
C. temporary public figure; public disparagement
D. temporary public figure; public privilege
30. ____________ involves any false statement communicated to others that questions the quality of
an item of property.
A. Invasion of privacy
B. Defamation
C. False imprisonment
D. Disparagement
6-6
31. Munchburger, a fast-food outlet, sends an employee to hand out leaflets outside Hick's Burger, a
competing fast-food outlet. The leaflets falsely accuse Hick's of using horsemeat in its burgers.
Hick's may successfully sue Munchburger for:
A. disparagement.
B. invasion of privacy.
C. interference with a contractual relationship.
D. defamation.
32. ____________ occurs when false statements or actions, or a combination thereof, are made by
one party in a way that causes another party to rely on those misrepresentations and then suffers
an injury or loss as a result.
A. Disparagement
B. Invasion of privacy
C. Abuse of process
D. Fraudulent misrepresentation
33. Mitch is photographed attending a public school board meeting where violent protestors attacked
members of the school board. Later, when Mitch runs for the school board, a local newspaper
publishes Mitch's picture next to that of the violent protestors. Mitch may sue:
A. if the newspaper writes a false article with actual malice.

B. for creating a false light.
C. the newspaper, if he is able to prove the motive of the publisher.
D. the newspaper for both defamation and disparagement.
6-7
34. If Ann sued Sharon for assault without any factual basis, and the jury ruled in favor of Sharon,
Sharon in turn may sue Ann for:
A. abuse of process.
B. contributory negligence.
C. misuse of legal procedure.
D. malicious prosecution.
35. When the misuse of the legal procedure involves the filing of a false civil lawsuit, it is called:
A. wrongful civil proceedings.

B. malicious prosecution.
C. abuse of process.
D. invasion of privacy.
36. ____________ is an element of negligence that occurs if the alleged tortfeasor has not met the
appropriate standard of care.
A. Legal duty
B. Actual harm
C. Proximate cause
D. Breach of duty
37. ____________ demonstrates that "but for" the defendant's actions, the plaintiff would not have
been injured.
A. Proximate cause
B. Actual cause
C. Legal cause
D. The foreseeability test
6-8
38. At the conclusion of a tort trial, the jury finds the plaintiff about 30% responsible for the damages
she suffered and the defendant about 70% responsible for causing the damages. The jury
determines the actual damages totals to $100,000. How much will the plaintiff recover under
comparative negligence?
A. $50,000
B. $30,000
C. $70,000
D. $100,000
39. If a defendant can prove ____________, the plaintiff is completely barred from recovering any
damages.
A. comparative negligence
B. partial comparative negligence
C. partial contributory negligence
D. contributory negligence
40. Ching keeps a pet snake in her apartment. While Ching is hosting a party at her apartment, the
snake escapes from its cage and bites a guest, seriously injuring the guest. The guest knew
before attending the party that Ching has a pet snake in her apartment. If the guest sues Ching
for the injury resulting from the cobra bite, Ching:
A. will be strictly liable.

B. may defend based on assumption of risk.
C. is liable only if she intentionally released the snake from its cage.
D. has no liability since the incident was unforeseen by her.
6-9
41. ____________ is the communication of false and destructive information about an individual
through the use of electronic devices.
A. Cyber disparagement
B. Cyberinvasion
C. Cyberdefamation
D. Cybermining
42. If Jennifer, a landowner, wants Smith, a neighbor, to stop polluting a stream that flows into
Jennifer's land, Jennifer should request a court to grant:
A. noneconomic compensatory damages.

B. economic compensatory damages.
C. an injunction.
D. an appeal bond.
43. Which of the following is true of survival statutes?
A. It allows suits to be brought for libel after the death of a defamed person.
B. It preserves the right to bring a lawsuit only if the death is caused by negligence of the
defendant.
C. It can only be brought by family members who have lost the support of the deceased.
D. It preserves the right to bring a lawsuit for personal injuries, no matter what caused the
death(s).
Essay Questions
6-10
44. Carey was injured when hit by a truck driven recklessly by Steven, an employee of the American
Trucking Company. On what basis may Carey sue the American Trucking Company when Steven
was the individual being reckless?
45. As a prank, Amanda rigs a bucket of water over Leslie's front door so that Leslie will be soaked
when she opens the door to go to work on Monday morning. Can Leslie successfully sue Amanda
for the prank?
6-11
46. Bishop and Thomas had been partners and had a business disagreement that was resolved by
private arbitration. Bishop now knows that Thomas is seeking a loan. Based on his personal
experience with Thomas, Bishop tells a banker friend that Thomas is difficult to do business with
and that anyone doing business with Thomas could be cheated. As a result of Bishop's
statements, Thomas is denied a bank loan. Discuss what Thomas can do in this situation.
47. Kelvingrove Art Gallery falsely tells art collectors that many artworks being sold by Yesse Art
Gallery are forgeries. Analyze the options that Yesse Art Gallery has to bring a lawsuit against
Kelvingrove Art Gallery.
6-12
48. A tabloid journalist pays money to the trash collector of a celebrity movie star in order to obtain
access to the celebrity's trash. The journalist then writes a story about the celebrity's lifestyle
based upon the contents of the trash. The trash is locked in a special building on the celebrity's
property and the trash collector has a key to the building and has signed a confidentiality
agreement. Is truth a defense that the journalist may assert when sued by the celebrity?
49. Jason parked his car on a hill, but failed to set his parking brakes. The car rolled down the hill and
hit another car, damaging it significantly. The owner of the other car, Yang, filed a lawsuit of
negligence against Jason, who pledged that he had no intention of damaging anybody's property
and that he shouldn't be made to compensate. Discuss the methods the court and the jury could
use to arrive at a fair decision.
6-13
50. Victoria is seriously injured when, during a thunderstorm, a large and seemingly healthy tree
located on private property falls on her car. Discuss if Victoria can file a negligence lawsuit
against the owner of the tree and be successful.
51. Ben was driving 70 miles per hour in a 55-mile-per-hour speed zone when his car hit Sandra's as
she entered the highway. Ben had the opportunity to move into another lane to avoid hitting,
Sandra but failed to do so. Discuss the defenses of negligence available to Sandra and Ben.
6-14
52. Baker attends a baseball game and is hit by a foul ball while sitting in an unscreened section of
the stadium. The stadium offers both screened and unscreened seats of equal quality and price.
Can Baker successfully sue the stadium, the player who hit the ball, or the team the player was
employed for this incident?
53. A security guard employed by Aria Stores accused Brentley of shoplifting and left him handcuffed
to a post by a cash register for 15 minutes until local police arrived. Brentley sued Aria Stores for
false imprisonment and a jury awarded Brentley $1,000 in compensatory damages and
$1,000,000 in punitive damages. Does Aria Stores have a legal basis for appealing the damage
award?
6-15
Chapter 06 Tort Law and Cybertorts Answer Key
True / False Questions
1. Jim ran a stop sign hitting Martin's car, and both were injured. Jim is now the injured party and
Martin is the tortfeasor.
FALSE
Jim is the tortfeasor because he ran the stop sign and has thus engaged in "twisted" behavior.
Martin is referred to as the injured party, the innocent party, or the victim (the plaintiff if a
lawsuit has been filed).
AACSB: Reflective Thinking

Accessibility: Keyboard Navigation
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 06-01 Differentiate between the objectives of tort law and those of criminal law.
Topic: Tort Law Defined
2. The doctrine of respondeat superior is also referred to as vicarious liability.
TRUE
In tort law, courts hold businesses liable for the torts of an employee whenever an employee
commits a tort while working for that business.

Blooms: Understand
Learning Objective: 06-02 Outline the nature of respondeat superior.
6-16
3. A duty is an essential element of tort law, as well as a legal obligation placed on an individual.
TRUE
A duty is an obligation placed on individuals because of the law and can be violated (or
breached) intentionally, through negligence, or under the theory of strict liability.

Blooms: Understand
Learning Objective: 06-03 Describe the element of duty.
4. The Daubert v. Merrell Dow Pharmaceuticals case involved a question of expert testimony and
the causation of the plaintiff's injuries.
TRUE
Oftentimes in tort cases, law and science intersect (so-called "juriscience") when experts are
called to help a jury or court better understand causation and liability.
AACSB: Analytical Thinking

Blooms: Apply
Difficulty: 3 Hard
Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.
Topic: Intentional Torts
6-17
5. Shopkeeper's privilege allows a store owner to detain a shopper without suspicion that an
incident has occurred.
FALSE
Shopkeeper's privilege is only a defense if there are reasonable grounds to suspect a

shoplifting incident has occurred. However, the victim of false imprisonment need not be
locked in a prison or a jail cell—all that is required is that the person's freedom of movement
be restricted. The restriction could come from a security guard at a store, or a nurse who
refuses to return a patient's clothing until a partial payment is received for a long overdue bill.

Blooms: Analyze
Difficulty: 3 Hard
6. Oral truth is not a defense to a suit for libel.
FALSE
Truth, in whatever form, is always a defense to any type of libel or slander (defamation)
lawsuit, as long as it is communicated without spite or ill will.

Blooms: Analyze
Difficulty: 3 Hard
6-18
7. Celeste, a former governor who is running for President, can successfully sue a tabloid for
defamation by merely proving the statements printed in the tabloid are false.
FALSE
The U.S. Supreme Court has given journalists the extra protection of the actual malice test
when they write about public officials. Under the actual malice test, a public official must prove
not only that the statement made or printed was false, but also that it was made with actual
malice—that is, with the knowledge that it was false or with a reckless disregard for its truth or
falsity.

Blooms: Analyze
Difficulty: 3 Hard
8. In many states, to successfully sue for intentional infliction of emotional distress, a plaintiff
must prove he or she has suffered some accompanying physical injury.
FALSE
In many states, someone who intentionally or recklessly causes another individual to undergo
emotional or mental suffering will be responsible, even without an accompanying physical
injury. The actions complained of must be extreme and outrageous and cause severe
emotional suffering.

Blooms: Understand
6-19
9. If William sues Sam for fraud with the intention of pressuring Sam to sell his business to
William, William has committed an abuse of process.
TRUE
Abuse of process occurs when a legal procedure is used for a purpose other than that for
which it is intended. It differs from malicious prosecution in that there is no requirement that
the earlier case be brought without probable cause or be resolved favorably for the plaintiff.

Blooms: Evaluate
Difficulty: 3 Hard
10. Proximate cause is the same as "cause in fact."
FALSE
Proximate cause is "legal cause" and is linked to the foreseeability of the injury. Cause in fact
is another way of stating actual cause, or the "but for" test.

Blooms: Understand
Learning Objective: 06-05 Explain the four elements of negligence.
Topic: Negligence
6-20
11. The defense of contributory negligence involves the failure of the injured party to be careful
TRUE
The defense of contributory negligence involves the failure of the injured party to be careful
AACSB: Ethics
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 06-06 Contrast contributory negligence; comparative negligence; and assumption of the risk.
Topic: Negligence
12. The Classic Case of Overseas Tankship v. Morts Dock and Engineering involved a question of
whether the harm suffered by the plaintiffs was reasonably foreseeable.
TRUE
The Morts Dock case involved the issue of proximate causation, which involves the
foreseeability test. In determining proximate cause, the court asks whether the harm that
resulted from the original unreasonable conduct was foreseeable at the time of the original
action. If the effect was foreseeable at the time of the unreasonable conduct, the defendant is
liable for the damages that flow from that effect.

Blooms: Analyze
Difficulty: 3 Hard
Topic: Negligence
6-21
13. Contributory negligence is a defense that completely prevents the plaintiff (the injured party)
from recovering any damages.
TRUE
Contributory negligence completely prevents the injured party from recovering damages
because of the plaintiff's (injured party's) failure to be careful enough to ensure his or her
personal safety.

Blooms: Understand
Topic: Negligence
14. Assumption of risk can be used as defense to negligence if the victim is forced to enter the
risky situation because no other choice is available.
FALSE
The victim's decision to enter the risky situation must be voluntary. If he or she is forced to
enter the risky situation because no other choice is available, it is not an assumption of the
risk.

Blooms: Understand
Topic: Negligence
6-22
15. James uses fireworks to celebrate the victory of his favorite team in the soccer finals. If James
unintentionally injures a person walking on the pavement, he can be held responsible based
on strict liability.
TRUE
Under strict liability, the court will hold a tortfeasor absolutely liable for injuries to a victim,
regardless of fault. Strict liability is generally applied when the harm results from
ultrahazardous or very dangerous activities, such as explosives or keeping wild animals. The
question of whether lighting fireworks is very dangerous or ultrahazardous is a question of fact
for the jury.

Blooms: Apply
Difficulty: 3 Hard
Learning Objective: 06-07 Judge when the doctrine of strict liability applies.
Topic: Strict Liability
16. A product in a defective condition is unreasonably dangerous to the user, consumer, or

property.
TRUE
Anyone who produces or sells a product in defective condition is subject to liability for the
physical or emotional injury to the ultimate consumer and for any physical harm to the user's
property. The courts have regularly held that liability for a defective product extends to the
producer of the product, the wholesaler, and the retailer.

Blooms: Understand
6-23
17. Cybertorts frequently involve intentional harm to an individual's physical well-being.
FALSE
Cybertorts rarely, if ever, involve any physical harm to a victim. Rather, the victim's reputation
has been hurt because a false statement has been posted electronically or the victim's
emotional state has been disturbed because his or her privacy has been invaded by a
photograph passed from cell phone to cell phone.

Blooms: Understand
Learning Objective: 06-08 Discuss the emerging trends in cybertort law.
Topic: Cybertorts
18. Under the Communications Decency Act, an Internet service provider can be held liable for
the defamatory content of a customer's posting.
FALSE
After the Prodigy case, Congress enacted the Communications Decency Act to protect
Internet Service Providers from defamation suits based on false statements posted on their
networks. The courts have also found that ISPs are not liable when hackers place a virus into
a system, when piracy is involved on the Net, or when an invasion of privacy takes place via a
provider's link.

Blooms: Understand
Topic: Cybertorts
6-24
19. Cyber defamation involves false statements communicated through the Internet to others that
in some way casts doubt upon the ownership or the quality of an item of property or a product
offered for sale.
FALSE
No, that is cyber disparagement, which involves false statements communicated to others
through the Internet that in some way casts doubt upon the ownership or the quality of an item
of property or a product offered for sale. Cyber defamation, on the other hand, is the
communication of false and destructive information about an individual through the use of
electronic devices.

Blooms: Understand
Topic: Cybertorts
20. An injunction occurs when a court orders a defendant to pay damages or face jail time.
FALSE
No, an injunction is an equitable remedy by a court preventing someone from performing a

particular act.

Blooms: Understand
Learning Objective: 06-09 Outline the various remedies available in tort law.
Topic: Remedies for Torts
6-25
21. "Survival statutes" allow the family members of an individual, who is killed as the result of a
tort, to sue the wrongdoer for the loss of support from the deceased.
FALSE
Survival statutes allow a lawsuit to be brought even if the plaintiff, or the defendant, or both are
deceased. Wrongful death statutes give family members, who have lost the support of the
deceased, the right to bring a wrongful death suit.

Blooms: Understand
Learning Objective: 06-10 Point out some developments in tort reform.
Topic: Developments in Tort Law
22. Wrongful death statutes allow a creditor to bring a lawsuit on behalf of the deceased.
FALSE
Generally, only those family members (spouses, children, parents) who have lost the support
of the deceased have the right to bring a wrongful death suit. Under wrongful death statutes,
creditors, business partners, and the like have no right to bring lawsuit.

Blooms: Understand
Multiple Choice Questions
6-26
23. The primary purpose of tort law is to:
A. prevent and punish criminal offenders.

B. protect people from being tried twice for the same crime.
C. compensate for the injured party's loss.
D. protect victims' rights.
One purpose of tort law is to compensate the injured party for his or her loss. Another
objective is to protect potential victims by deterring future tortious behavior.

Blooms: Understand
24. Criminal law differs from tort law in that:
A. criminal law involves a public wrong.

B. tort law involves legal action by governmental authorities.
C. tort law protects the public.
D. criminal law compensates the injured party's loss.
One purpose of tort law is to compensate the injured party for his or her loss. Another
objective is to protect potential victims by deterring future tortious behavior.

Blooms: Understand
6-27
25. The theory of ____________ means ____________.
A. respondeat superior; torts committed by an employee during his employment will result in
both the employee and the employer being held liable under tort law
B. respondeat superior; an employee may be held liable under tort law for the torts committed
by her employer, while the employee was working at the organization
C. respondeat superior; an employee working with an organization and having committed a
tort can be held liable for even though he or she did not intend the harm
D. proximate cause; an organization is not held liable under tort law for the torts committed by
its employees during their work tenure at the organization
Courts hold employers liable for their employees' acts under the doctrine of respondeat
superior.

Blooms: Understand
6-28
26. The Daubert case involved jurisscience, the intersection of law and science, to help the court
determine a question of real or:
A. vicarious liability.
B. causation in fact.
C. duty.
D. proximate cause.
The Daubert case involved juriscience, the intersection of law and science, and expert
testimony to ascertain the real or "actual" causation in fact. The judges at every level in the
Daubert case had to weigh the competing expert opinions to first determine whether the
plaintiff had used scientific evidence to show the defendant's products were the real or actual
cause of the plaintiff's injuries.

Blooms: Understand
Learning Objective: 06-03 Describe the element of duty.
27. In a road rage incident, Jack aims a firearm at Reagan. No shots are fired and the incident is
over in less than 15 seconds. Reagan may sue Jack for:
A. assault.
B. battery.
C. false imprisonment.
D. disparagement.
An assault occurs when the victim is placed in fear or apprehension of immediate bodily harm
by a tortfeasor who has the present apparent ability to inflict that harm. No actual physical
contact is needed for an assault. The essence of the tort lies in the fear or apprehension that
is created in the victim.

6-29
Blooms: Apply
28. Senator Smith, speaking on the floor of the U.S. Senate, makes a statement about Ms. Doe, a
private citizen, that is false. In order for to prevail at trial, she must prove Senator Smith made
the ____________ statement with ____________ because of his status as a ____________.
A. disparaging; malice; public figure

B. privileged; recklessness; public figure
C. privileged; actual malice; public figure
D. false; malice; temporary public figure
Statements made by senators and representatives on the floor of Congress are privileged and
cannot be the proper subject of a defamation lawsuit. The idea behind creating these
privileges is to promote the open debate of legislative and judicial matters. Moreover, to
prevail, the plaintiff must show not only that the statement was false, but that it was made with
actual malice, the knowledge it was false, or the reckless disregard of the truth.

Blooms: Analyze
Difficulty: 3 Hard
6-30
29. Vienna is a quiet, reclusive, stay-at-home mom. However, last week she became a
____________ after she rescued her neighbor's child from drowning in canal and was
interviewed on national television as "America's Mom." As long as her notoriety lasts, she will
be held to the ____________ test.
A. temporary public figure; actual malice

B. public figure; slander per se
C. temporary public figure; public disparagement
D. temporary public figure; public privilege
Vienna has become a temporary public figure. Temporary public figures are people who are
placed against their will into the public view by some event beyond their control. Accordingly,
as long as her notoriety lasts, journalists would be protected by the actual malice test when
they write about her.

Blooms: Analyze
Difficulty: 3 Hard
30. ____________ involves any false statement communicated to others that questions the quality
of an item of property.
A. Invasion of privacy
B. Defamation
C. False imprisonment
D. Disparagement
Disparagement can also raise uncertainty as to who actually has legal ownership rights to the
property in question.
AACSB: Ethics
Blooms: Understand
6-31
31. Munchburger, a fast-food outlet, sends an employee to hand out leaflets outside Hick's Burger,
a competing fast-food outlet. The leaflets falsely accuse Hick's of using horsemeat in its
burgers. Hick's may successfully sue Munchburger for:
A. disparagement.
B. invasion of privacy.
C. interference with a contractual relationship.
D. defamation.
Disparagement involves any false statement communicated to others that somehow questions
the quality of property or raises uncertainty as to who has legal ownership of that property.

Blooms: Analyze
Difficulty: 3 Hard
6-32
32. ____________ occurs when false statements or actions, or a combination thereof, are made by
one party in a way that causes another party to rely on those misrepresentations and then
suffers an injury or loss as a result.
A. Disparagement
B. Invasion of privacy
C. Abuse of process
D. Fraudulent misrepresentation
Fraud, as it is known in some states, occurs when false statements or actions, or a

combination thereof, are made by one party in a way that causes another party to rely on
those misrepresentations and then to suffer an injury or loss as a result.

Blooms: Understand
33. Mitch is photographed attending a public school board meeting where violent protestors
attacked members of the school board. Later, when Mitch runs for the school board, a local
newspaper publishes Mitch's picture next to that of the violent protestors. Mitch may sue:
A. if the newspaper writes a false article with actual malice.

B. for creating a false light.
C. the newspaper, if he is able to prove the motive of the publisher.
D. the newspaper for both defamation and disparagement.
Creating a false light is closely akin to defamation because it involves the publication of
information about a person that paints him or her in a way that the majority of the population
would see as unfavorable.

Blooms: Analyze
6-33
Difficulty: 3 Hard
34. If Ann sued Sharon for assault without any factual basis, and the jury ruled in favor of Sharon,
Sharon in turn may sue Ann for:
A. abuse of process.
B. contributory negligence.
C. misuse of legal procedure.
D. malicious prosecution.
The intentional tort known as the misuse of legal procedure occurs when one person brings a
legal action with malice and without probable cause.

Blooms: Apply
Difficulty: 3 Hard
35. When the misuse of the legal procedure involves the filing of a false civil lawsuit, it is called:
A. wrongful civil proceedings.

B. malicious prosecution.
C. abuse of process.
D. invasion of privacy.
When the misuse of the legal procedure involves the filing of a false civil lawsuit, it is called
wrongful civil proceedings. This is distinguished from abuse of process which typically occurs
when a perfectly legal process is used as a pressure tactic to convince someone to do
something he or she would not be inclined to do under ordinary circumstances.

Blooms: Understand
6-34
36. ____________ is an element of negligence that occurs if the alleged tortfeasor has not met the
appropriate standard of care.
A. Legal duty
B. Actual harm
C. Proximate cause
D. Breach of duty
A breach of duty occurs if the alleged tortfeasor has not met the appropriate standard of care
using the reasonable person test, which compares the actions of the tortfeasor with those of a
reasonable person in a similar situation.

Blooms: Understand
Topic: Negligence
6-35
37. ____________ demonstrates that "but for" the defendant's actions, the plaintiff would not have
been injured.
A. Proximate cause
B. Actual cause
C. Legal cause
D. The foreseeability test
Actual cause, or cause in fact, demonstrates that the cause (the unreasonable conduct) led to
the effect (the injury to the plaintiff). A court would look at the plaintiff's injury (the effect) and
deconstruct the events that preceded it, ending with the original unreasonable behavior (the
actual cause).

Blooms: Understand
Topic: Negligence
38. At the conclusion of a tort trial, the jury finds the plaintiff about 30% responsible for the
damages she suffered and the defendant about 70% responsible for causing the damages.
The jury determines the actual damages totals to $100,000. How much will the plaintiff recover
under comparative negligence?
A. $50,000
B. $30,000
C. $70,000
D. $100,000
Comparative negligence statutes require courts to assign damages according to the degree of
fault of each party. If the tortfeasor was 80 percent negligent, the injured party may be allowed
to recover 80 percent of the losses suffered. Some states have adopted the "50 percent rule."

6-36
Blooms: Apply
Difficulty: 3 Hard
Topic: Negligence
39. If a defendant can prove ____________, the plaintiff is completely barred from recovering any
damages.
A. comparative negligence
B. partial comparative negligence
C. partial contributory negligence
D. contributory negligence
Contributory negligence completely prevents the injured party from recovering damages. In
other words, if the injured party's negligence contributed to personal injury, the tortfeasor wins.

Blooms: Understand
Topic: Negligence
6-37
40. Ching keeps a pet snake in her apartment. While Ching is hosting a party at her apartment,
the snake escapes from its cage and bites a guest, seriously injuring the guest. The guest
knew before attending the party that Ching has a pet snake in her apartment. If the guest sues
Ching for the injury resulting from the cobra bite, Ching:
A. will be strictly liable.

B. may defend based on assumption of risk.
C. is liable only if she intentionally released the snake from its cage.
D. has no liability since the incident was unforeseen by her.
Under strict liability, the court will hold a tortfeasor liable for injuries to a victim even though the
tortfeasor did not intend the harm and was not in any way negligent. Strict liability is generally
applied when the harm results from an ultrahazardous or very dangerous activity. Such
activities include using explosives and keeping wild animals.

Blooms: Apply
Difficulty: 3 Hard
41. ____________ is the communication of false and destructive information about an individual
A. Cyber disparagement
B. Cyberinvasion
C. Cyberdefamation
D. Cybermining
Cyberdefamation is the communication of false and destructive information about an individual


Blooms: Understand
6-38
Topic: Cybertorts
42. If Jennifer, a landowner, wants Smith, a neighbor, to stop polluting a stream that flows into
Jennifer's land, Jennifer should request a court to grant:
A. noneconomic compensatory damages.

B. economic compensatory damages.
C. an injunction.
D. an appeal bond.
An injunction is a court order preventing someone from performing a particular act. If a tort
involves some permanent fixture that harms the interests of the injured party, the court may
order the wrongdoer to take positive steps to alleviate the problem.

Blooms: Apply
Difficulty: 3 Hard
6-39
43. Which of the following is true of survival statutes?
A. It allows suits to be brought for libel after the death of a defamed person.
B. It preserves the right to bring a lawsuit only if the death is caused by negligence of the
defendant.
C. It can only be brought by family members who have lost the support of the deceased.
D. It preserves the right to bring a lawsuit for personal injuries, no matter what caused the
death(s).
Survival statutes allow a lawsuit to be brought even if the plaintiff, or the defendant, or both are
deceased. Many states also have survival statutes that preserve the right to bring a lawsuit no
matter what caused the death or deaths.

Blooms: Understand
Essay Questions
44. Carey was injured when hit by a truck driven recklessly by Steven, an employee of the
American Trucking Company. On what basis may Carey sue the American Trucking Company
when Steven was the individual being reckless?
Respondeat superior makes the employer liable for torts committed in the course and scope of
employment. Carey's lawsuit will likely be based upon the negligence of Steven that is imputed
to the American Trucking Company.

Blooms: Analyze
6-40
Difficulty: 3 Hard
45. As a prank, Amanda rigs a bucket of water over Leslie's front door so that Leslie will be
soaked when she opens the door to go to work on Monday morning. Can Leslie successfully
sue Amanda for the prank?
Yes. Battery involves a harmful or offensive contact and may occur by touching something
closely associated with the victim, such as Leslie's front door.

Blooms: Evaluate
Difficulty: 3 Hard
46. Bishop and Thomas had been partners and had a business disagreement that was resolved
by private arbitration. Bishop now knows that Thomas is seeking a loan. Based on his
personal experience with Thomas, Bishop tells a banker friend that Thomas is difficult to do
business with and that anyone doing business with Thomas could be cheated. As a result of
Bishop's statements, Thomas is denied a bank loan. Discuss what Thomas can do in this
situation.
Thomas can sue Bishop for defamation and invasion of the right to privacy. While truth is a
defense to defamation, Bishop's statements were motivated by spite and ill will. In addition, the
private arbitration means that the business disagreement was a confidential record that Bishop
revealed to the banker.

Blooms: Analyze
Difficulty: 3 Hard
6-41
47. Kelvingrove Art Gallery falsely tells art collectors that many artworks being sold by Yesse Art
Gallery are forgeries. Analyze the options that Yesse Art Gallery has to bring a lawsuit against
Kelvingrove Art Gallery has committed the tort of disparagement that involves false statements
questioning the quality of an item of property. Yesse Art Gallery can bring a lawsuit against the
former gallery, but will have to prove monetary losses like loss of sales, money spent to
correct the public's image of the product, or expenses spent on litigation due to the
disparagement. Once proved, Yesse Art Gallery can claim recovery damages from

Blooms: Analyze
Difficulty: 3 Hard
48. A tabloid journalist pays money to the trash collector of a celebrity movie star in order to obtain
access to the celebrity's trash. The journalist then writes a story about the celebrity's lifestyle
based upon the contents of the trash. The trash is locked in a special building on the
celebrity's property and the trash collector has a key to the building and has signed a
confidentiality agreement. Is truth a defense that the journalist may assert when sued by the
celebrity?
No. While truth is a defense to defamation, the celebrity may sue for an intrusion into the
expectation of privacy and exploitation of information. The trash being locked in a special
building on the celebrity's property and the trash collector signing a confidentiality agreement
indicates that the celebrity had a very high expectation of privacy. The celebrity could also sue
the trash collector for breach of contract. The court may side with the celebrity in suing the
journalist and the trash collector.

Blooms: Evaluate
Difficulty: 3 Hard
6-42
49. Jason parked his car on a hill, but failed to set his parking brakes. The car rolled down the hill
and hit another car, damaging it significantly. The owner of the other car, Yang, filed a lawsuit
of negligence against Jason, who pledged that he had no intention of damaging anybody's
property and that he shouldn't be made to compensate. Discuss the methods the court and the
jury could use to arrive at a fair decision.
The court would want to determine if Jason has committed breach of duty, for which it would
conduct the reasonable person test. The test compares the actions of the tortfeasor with those
of a reasonable person in a similar situation. Since Jason did not take the appropriate
standard of care that a reasonable person would take, he is likely to fail the test, hence
committing breach of duty. The court may also use the "but for" test to determine if Jason's
negligence is the actual cause in the incident. The judge instructs the jury to ask themselves if
there would have been no accident but for the unreasonable conduct of the defendant. Jason
is likely to fail this test as well, since it is clear that if he had set the parking brakes, the
accident would not have occurred. In the foreseeability test, the court asks the jury if the harm
that resulted from the original unreasonable conduct was foreseeable at the time of the
original action. It is likely that the result of this test also may not be in Jason's favor. Hence,
the court and the jury may hold Jason liable to compensate Yang for damages.

Blooms: Evaluate
Difficulty: 3 Hard
Topic: Negligence
6-43
50. Victoria is seriously injured when, during a thunderstorm, a large and seemingly healthy tree
located on private property falls on her car. Discuss if Victoria can file a negligence lawsuit
against the owner of the tree and be successful.
Negligence requires proof of legal duty, breach of duty, proximate cause, and actual harm.
Even assuming the landowner has a legal duty to Victoria, there does not appear to be a
breach of duty by the landowner. The tree was apparently healthy, and the landowner could
not be said to have acted unreasonably under the circumstances. The thunderstorm that
caused the tree to fall was a natural and unavoidable catastrophe for which the landowner is
not responsible. That being said, she may have a claim against the landowner's home
insurance company.

Blooms: Analyze
Difficulty: 3 Hard
Topic: Negligence
51. Ben was driving 70 miles per hour in a 55-mile-per-hour speed zone when his car hit Sandra's
as she entered the highway. Ben had the opportunity to move into another lane to avoid
hitting, Sandra but failed to do so. Discuss the defenses of negligence available to Sandra and
Ben.
Contributory negligence by Sandra, such as pulling in front of Ben, could bar any recovery.
However, if Sandra proves that the incident did not arise due to her negligence, but due to
Ben's, and that he could've avoided the accident if he had maintained the speed limit, Sandra
can recover all damages from Ben. Ben, in his defense, could state that Sandra entered the
highway without any intimation, and could use the comparative negligence defense, where the
court will determine damages according to the degree of fault of each party.

Blooms: Analyze
Difficulty: 3 Hard
6-44
Topic: Negligence
52. Baker attends a baseball game and is hit by a foul ball while sitting in an unscreened section
of the stadium. The stadium offers both screened and unscreened seats of equal quality and
price. Can Baker successfully sue the stadium, the player who hit the ball, or the team the
player was employed for this incident?
No. Baker assumed the risk in sitting in an unscreened section of the stadium.

Blooms: Analyze
Difficulty: 3 Hard
Topic: Negligence
53. A security guard employed by Aria Stores accused Brentley of shoplifting and left him
handcuffed to a post by a cash register for 15 minutes until local police arrived. Brentley sued
Aria Stores for false imprisonment and a jury awarded Brentley $1,000 in compensatory
damages and $1,000,000 in punitive damages. Does Aria Stores have a legal basis for
appealing the damage award?
Most states have laws that allow storekeepers to detain a suspected shoplifter on the
condition that they have reasonable basis to suspect that an incident of shoplifting has
occurred by that person. Whether or not the state in which this incident took place practices
this law, Aria Stores will be liable to pay damages only if it has treated Brentley in an
unreasonable manner during detention and if the detention has been for an unreasonable
length of time. Aria Stores can demand that the court analyze these facts and instruct the jury
that punitive damages are designed to punish a tortfeasor to discourage malicious actions in
the society.

Blooms: Analyze
Difficulty: 3 Hard
6-45
6-46

Business Law With Ucc Applications 14th Edition Sukys Test Bank

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Business Law With Ucc Applications 14th Edition Sukys Test Bank

Uploaded by

Copyright:

Available Formats

Business Law with UCC Applications

14th Edition Sukys Test Bank

Tort Law and Cybertorts

True / False Questions

2. The doctrine of respondeat superior is also referred to as vicarious liability.

6. Oral truth is not a defense to a suit for libel.

10. Proximate cause is the same as "cause in fact."

17. Cybertorts frequently involve intentional harm to an individual's physical well-being.

Multiple Choice Questions

23. The primary purpose of tort law is to:

A. prevent and punish criminal offenders.

24. Criminal law differs from tort law in that:

A. criminal law involves a public wrong.

A. disparaging; malice; public figure

A. temporary public figure; actual malice

A. if the newspaper writes a false article with actual malice.

A. wrongful civil proceedings.

A. will be strictly liable.

A. noneconomic compensatory damages.

43. Which of the following is true of survival statutes?

True / False Questions

AACSB: Reflective Thinking

2. The doctrine of respondeat superior is also referred to as vicarious liability.

AACSB: Reflective Thinking

AACSB: Reflective Thinking

AACSB: Analytical Thinking

Shopkeeper's privilege is only a defense if there are reasonable grounds to suspect a

AACSB: Reflective Thinking

6. Oral truth is not a defense to a suit for libel.

AACSB: Analytical Thinking

AACSB: Analytical Thinking

AACSB: Reflective Thinking

AACSB: Analytical Thinking

10. Proximate cause is the same as "cause in fact."

AACSB: Reflective Thinking

AACSB: Analytical Thinking

AACSB: Reflective Thinking

AACSB: Analytical Thinking

AACSB: Analytical Thinking

16. A product in a defective condition is unreasonably dangerous to the user, consumer, or

AACSB: Reflective Thinking

AACSB: Reflective Thinking

AACSB: Reflective Thinking

AACSB: Analytical Thinking

No, an injunction is an equitable remedy by a court preventing someone from performing a

AACSB: Reflective Thinking

AACSB: Reflective Thinking

AACSB: Reflective Thinking

Multiple Choice Questions

A. prevent and punish criminal offenders.

AACSB: Reflective Thinking

24. Criminal law differs from tort law in that:

A. criminal law involves a public wrong.

AACSB: Reflective Thinking

AACSB: Reflective Thinking

AACSB: Reflective Thinking

AACSB: Analytical Thinking

A. disparaging; malice; public figure

AACSB: Analytical Thinking

A. temporary public figure; actual malice

AACSB: Analytical Thinking

AACSB: Analytical Thinking

Fraud, as it is known in some states, occurs when false statements or actions, or a