Cengage Advantage Books Introduction to Business Law 3rd edition by Jeffrey F. Beatty - Test Bank

Cengage Advantage Books Introduction to Business Law 3rd edition by Jeffrey F. Beatty – Test Bank

 

Instant Download – Complete Test Bank With Answers

 

 

Sample Questions Are Posted Below

 

CHAPTER 5 – INTENTIONAL TORTS AND BUSINESS TORTS

 

TRUE/FALSE

 

1. A tort is a violation of a duty imposed by the civil law.

 

ANS:  T                    PTS:   1

 

2. Written defamation is called “slander.”

 

ANS:  F                    PTS:   1

 

3. Opinion is generally a valid defense in a defamation lawsuit because it cannot be proven to be true or false.

 

ANS:  T                    PTS:   1

 

4. In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner.

 

ANS:  T                    PTS:   1

 

5. A defendant’s action cannot be both a tort and a crime.

 

ANS:  F                    PTS:   1

 

6. A salesclerk at Braybon’s Department Store observed a customer remove a ring from a display case and put it in her purse. In most states, Braybon’s will be able to detain the customer for suspicion of shoplifting if the detention is done reasonably.

 

ANS:  T                    PTS:   1

 

7. Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

 

ANS:  T                    PTS:   1

 

8. Everyone receives the same degree of protection from defamation.

 

ANS:  F                    PTS:   1

 

9. In order to win a case for tortious interference with a contract, a plaintiff must establish that the defendant knew of the contract and that there was injury to the plaintiff.

 

ANS:  T                    PTS:   1

 

10. A corporation may, without permission, use a person’s picture or voice in its advertising as long as the person is not portrayed in a negative or uncomplimentary manner.

 

ANS:  F                    PTS:   1

 

MULTIPLE CHOICE

 

1. Which of the following statements about torts is correct?

a.	A tortious act is always a criminal act.
b.	A criminal act is always a tortious act.
c.	A tortious act may also be a criminal act.
d.	Tort law is narrow.

 

 

ANS:  C                    PTS:   1

 

2. Jim told his manager, Lana, that a co-worker, Diane, had been in prison for theft. Lana checked into the matter and, when she learned that Diane had served time in prison for theft, fired her.

a.	Jim is liable to Diane for defamation.
b.	Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane’s prison history.
c.	Jim is liable to Diane for defamation per se.
d.	Jim is not liable to Diane for defamation.

 

 

ANS:  D                    PTS:   1

 

3. A national magazine published an article about a famous television star. The television personality is upset because the information contained in the story is not correct. If the actor sues the magazine, she will need to show that the magazine:

a.	has a history of being “reckless” with facts on a regular basis.
b.	either knew the story was false or acted with reckless disregard of the facts.
c.	failed to attempt to verify the story by trying to contact her or her agent before the story was printed.
d.	could have discovered that the story was false but failed to do so.

 

 

ANS:  B                    PTS:   1

 

4. Adam decided to play a practical joke on Linda, a co-worker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he’d kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Which statement is correct?

a.	Adam committed an assault but not a battery.
b.	Adam committed a battery but not an assault.
c.	Adam committed an assault and a battery.
d.	Adam committed neither an assault nor a battery since he used a candy gun and was only playing a joke on Linda.

 

 

ANS:  C                    PTS:   1

 

5. Adam decided to play a practical joke on Linda, a co-worker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he’d kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Did Adam commit the tort of intentional infliction of emotional distress?

a.	Yes, as his conduct was intentional.
b.	Yes, but only if Adam intended to cause Linda serious emotional distress.
c.	No, since he was only playing a practical joke.
d.	No, since Linda was not physically hurt by Adam.

 

 

ANS:  A                    PTS:   1

 

6. Brian and Lee are competing for a promotion at Trevit, Inc.  Lee sends an e-mail to their supervisor, falsely stating that Brian has been stealing materials from the company’s supply room.  Which statement is correct?

a.	Lee defamed Brian.
b.	Lee committed the tort of trespass.
c.	Lee has committed no tort.
d.	Lee committed the tort of interference with a contract.

 

 

ANS:  A                    PTS:   1

 

7. Trein, Inc. entered into a one-year, $1 million contract with Mia, a sports celebrity, to promote Trein’s products. E-presto Inc., a competitor of Trein, was interested in having Mia promote its products and knew of her contract with Trein. E-presto offered Mia a three-year, $5 million contract. Mia left Trein and signed with E-presto. Which statement is correct?

a.	Trein is liable for tortious interference with a contract.
b.	Mia is liable for tortious interference with a contract.
c.	E-presto is liable for tortious interference with a contract.
d.	Both Mia and E-presto are liable for tortious interference with a contract.

 

 

ANS:  C                    PTS:   1

 

8. A company that makes a commercial with a person who does an excellent, realistic job of pretending to be a famous movie star could be sued by the real actor for the tort of:

a.	intrusion.
b.	defamation.
c.	commercial exploitation.
d.	none of the above, since public figures are often imitated by other actors.

 

 

ANS:  C                    PTS:   1

 

9. Which of the following is a valid defense to a defamation claim?

a.	The statement was true.
b.	The statement was only an opinion.
c.	The person making the statement made it only to the plaintiff, not to any third parties.
d.	All the above.

 

 

ANS:  D                    PTS:   1

 

10. Angela sued Tom for battery.  Angela was awarded $30,000 for future medical expenses.  Five years after the award, Angela realizes that her medical expenses will far exceed $30,000.  What can be done to cover the additional expenses?

a.	Angela will be able to submit the additional medical bills to the court for payment.
b.	Tom will have to pay the additional medical bills.
c.	Tom will have a qualified privilege and only have to pay a portion of the additional medical expenses.
d.	Under the single recovery principle, Angela will have no recourse against Tom or the court for the additional medical expenses.

 

 

ANS:  D                    PTS:   1

 

ESSAY

 

1. While making a presentation at a trade show, John told the audience that Gwendolyn, a sales representative from a competing business, was being investigated by the FBI for exporting military weaponry without a license. What must Gwendolyn prove to win a defamation case against John?

 

ANS:

Gwendolyn must prove: (a) That John made a defamatory statement, one likely to harm her reputation; (b) that the statement was not true; (c) that the statement was communicated to at least one third person; and (d) that she sustained damages.

 

PTS:   1

 

2. As assistant manager of a discount department store, you have been asked to review the store’s policy concerning shoplifters. (a) Discuss the legal standard used in most states governing the detention of suspected shoplifters. (b) In reviewing the store’s policy, discuss some of the items that you will consider.

 

ANS:

1. a) Generally, a store may detain a customer for alleged shoplifting provided there is a reasonable basis for the suspicion and the detention is done reasonably.

 

1. b) Some of the items that should be considered include: what is a “reasonable” suspicion of shoplifting; what is “reasonable” detention; how private should the detention be; how can bias and prejudice be avoided; and how much questioning should the store do.

 

PTS:   1

 

3. Discuss what a court may award to a successful plaintiff in a tort suit.

 

ANS:

A court may award a successful plaintiff compensatory and punitive damages.  Compensatory damages are the amount of money that the court believes will restore the plaintiff to the position he was in before the defendant’s conduct caused an injury.  Compensatory damages  include money for proven medical expenses, for lost past and future wages, and for pain and suffering.

 

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.  Punitive damages are awarded in relatively few cases; they are more likely to be awarded for intentional torts, although they are also awarded in some negligence cases.  A jury has wide discretion in awarding punitive damages, but the U.S. Supreme Court has ruled that a verdict must be reasonable.  A court must consider: (a) the reprehensibility of the defendant’s conduct; (b) the ratio between the harm suffered and the award; and (c) the difference between the punitive award and any civil penalties used in similar cases.

 

PTS:   1

 

MATCHING

 

Match the following terms with their definitions.

a.	Fraud
b.	Defamation
c.	False imprisonment
d.	Intentional infliction of emotional distress
e.	Commercial exploitation

 

 

1. Intentionally restraining another person without reasonable cause.

 

2. Intentional deception, frequently used to obtain a contract with another party.

 

3. Violation of the exclusive right to use one’s own name, likeness, or voice.

 

4. Using a false statement to damage someone’s reputation.

 

5. An act so extreme that an average person would say, “Outrageous!”

 

1. ANS:  C                    PTS:   1

 

2. ANS:  A                    PTS:   1

 

3. ANS:  E                    PTS:   1

 

4. ANS:  B                    PTS:   1

 

5. ANS:  D                    PTS:   1