BUS 140 Week 3 Torts Quiz

 BUS 140 Week 3 Torts Quiz  | MiraCosta College

Question 1

Which of the following is an element of the tort “assault?”  

Offensive touching  

Fear or apprehension of an imminent touching  

Future Harm  

Harmful touching 

 

Question 2

Intentionally entering or wrongfully remaining on another’s real property is which of the following torts?  

Trespass to Chattel  

Interference with Ownership  

Trespass to Land  

Conversion 

 

Question 3

Under the intentional tort “false imprisonment,” other than physical barriers, how may on be“confined?”  

Physical threats  

Emotional threats  

Threats to another  

All of the above 

 

Question 4

A tort is:  

A civil wrong  

A wrong against society  

A criminal wrong  

A wrong punishable with jail time 

 

Question 5

Under the intentional tort Trespass to Chattel, what is meant by “chattel?”  

Real Property   

Personal Property  

Intellectual Property  

Oceanfront property 

 

Question 6

Extreme and outrageous conduct necessary for the intentional tort “intentional infliction of emotional distress” can best be defined as:   

Conduct that offends a particular person  

Conduct offensive to the judge  

Conduct that exceeds all bounds of decency  

Conduct intolerable to the plaintiff 

 

Question 7

Which of the following is an element of the business tort “wrongful interference with contractual relationship?”  

A valid contract between two parties  

The defendant knew of the valid contract between the plaintiff and the third party  

The defendant caused the third party to breach the contract with the plaintiff  

All of the above 

 

Question 8

A false statement of a material fact made with the intent to induce the plaintiff, the plaintiff then justifiably relies and it results in damages to the plaintiff is which of the following torts?  

Defamation 

Misrepresentation  

Libel 

Conversion

 

Question 9

The unlawful confinement of another is called:  

Prison  

Kidnapping  

False Imprisonment  

House Arrest 

 

Question 10

What is the distinguishing element between the intentional torts “trespass to chattel” and “conversion” when determining liability?  

The extent of the evil intent by the wrongdoer  

The extent or the substantial-ness of the intererence with the use of the property  

The type of property interfered with  

The location of the property 

 

Question 11

An intentional false statement of fact about the plaintiff that is communicated to a third person, damaging the plaintiff’s reputation is which of the following torts?  

Intentional Infliction of Emotional Distress  

Misrepresentation

Defamation  

Invasion of Privacy 

 

Question 12

Searching through someone’s wallet or purse would be an example of which privacy tort?  

Appropriation  

Unreasonable Intrusion 

False Light  

Public Disclosure of Private Facts 

 

Question 13

Under the tort of misrepresentation, how may one make a “misrepresentation” of material fact?  

Omitting to disclose a fact  

Stating a "half-truth" 

False making a statement essential to the transaction  

All of the above 

 

Question 14

Which of the following elements must a public official or figure prove to establish "defamation?"  

Publication  

Actual Malice  

Damages  

All of the above 

 

Question 15

Buster owned a private cab company.  One morning an article came out in the local newspaper stating that cab companies in the area are all illegally run.  The picture used in the article is of Buster’s cab. Buster’s company is very legitimate.  Buster sues the newspaper reporter. Buster will likely prevail under which tort?  

False Light  

Unreasonable Intrustion  

Appropriation  

Public Disclosure of Private Facts 

 

Question 16

Ben was standing outside of Jerry’s Baskin Robbins store giving away free samples of his homemade ice cream.  Jerry would likely sue for:  

Misrepresentation  

Intentional Interference with Contractual Relations  

Intentional Interference with Business Relations  

Nothing. Ben has a right to give away his samples and eat them too. 

 

Question 17

Britney really loved Jessica’s sunglasses.  So one day, without Jessica’s permission, Britney decided to take them briefly to see if they would help change her image.  Much to her disappointment, they did not.   Before she had a chance to return them, Jessica realized her sunglasses were gone.  Britney returned them but Jessica sued her anyway.  Britney is most likely to be liable for which tort?  

Trespass to Chattel  

Conversion 

Negligence  

Misrepresentation

 

Question 18

What is the difference between Libel and Slander?  

Libel is spoken defamation and Slander is written defamation.  

Libel is a privacy tort and Slander is not.  

Libel is written defamation and Slander is spoken defamation.  

Libel is a crime and Slander is a tort. 

 

Question 19

Hoff came home from a party and realized that he did not have his keys. Figuring he would just climb through the window, he made his way to the back of the house.  Hoff climbed through the window and fell to the floor breaking several items on the way.  Immediately after hitting the floor, he heard a loud scream from inside the room.  He suddenly realized he was in the wrong house.  Hoff immediately apologized and exited back out the window.  Which of the following torts, if any, has Hoff likely committed?  

Trespass to Land  

False Imprisonment  

Asault  

Nothing. He made a mistake. 

 

Question 20

When must one attempt to escape a “false imprisonment?”  

When there are no physical boundaries 

When the threat is no physical  

When it is reasonable safe to do so  

Always 

 

Question 21

One day Matt approaches David and tells him that he has a blue space travelling time machine in his back yard and if David wants to see it, David will need to pay $150.  David quickly gives Matt the money and rushes to see the machine.  Unfortunately, there was none.  David demands Matt return the money.  Matt refuses.  David sues Matt for misrepresentation.  Who is will likely win?  

David, because Matt owed the money.  

David, because Matt was not truthful.  

David, because David believed Matt.  

Matt, because there was no justifiable reliance. 

 

Question 22

Elmer sees Daffy waddling down the street.  Frustrated with the lisp-speaking fellow, Elmer decides he wants to teach Daffy a lesson in humility.  Elmer approaches Daffy and pulls out his shotgun.  Daffy sees Elmer and stands frozen in his webbed feet, unable to move.  Elmer lowers the gun, laughs and then leaves.  Daffy takes several minutes to catch his breath and finally heads home.  Daffy ultimately sues Elmer for assault and battery.  Which of the following is true?  

Daffy will likely win for assault only  

Daffy will likely win for battery only  

Daffy will likely win for both assault and battery  

Daffy will NOT likely win for either assault or battery because Elmer was kidding. 

 

Question 23

Julia proposes some hanky panky to Matthew in the restroom at a nearby crowded restaurant. After Matthew undresses, Julia steals his clothes and leaves.  Matthew is left naked in the restroom with only one exit that leads to the dining area and no windows.  Matthew sues Julia.  Julia is likely to be liable for which tort?  

False Imprisonment  

Battery  

Assault  

None 

 

Question 24

Jacob intends to shoot Edward in the back with his shotgun.  Unfortunately, Jacob has bad aim and when he shot his weapon, he missed Edward and accidentally hit Emmet.  Emmet is likely to prevail for the tort of battery under what theory?  

Messed up aim  

Transferred Intent 

Intentional discharge 

Negligence 

 

Question 25

Cindy has always been jealous of Aurora.  One day while Cindy was cleaning, she muttered to herself, “I don’t know why everyone likes Aurora. I think she’s so ugly!”  Aurora, who was standing in the doorway, heard what Cindy had said.  Aurora, afraid to show her face in public, has since locked herself in her room refusing to leave.   What tort, if any, would Cindy likely to be liable for?  

Intentional Infliction of Emotional Distress because Cindy's conduct was outrageous 

Defamation because Cindy was telling a lie and ruined Aurora's reputation 

Libel because Cindy's comment was a verbal false statement of fact  

Nothing. Cindy's comment was only an opinion and merely insulting.

 

Question 26

Shaggy was walking down the street one evening when he was suddenly struck from behind with a snack thrown by Scooby.  Shaggy sues Scooby for assault and battery. Which of the following statements is true?  

Because he was hit from behind, Shaggy will likely win for assault only.  

Shaggy will likely win for assault and battery because he knew the person who threw the snack.  

Because he was hit from behind, Shaggy will likely win for battery only.  

Shaggy will likely win for battery if he heard the snack coming toward him.

 

Question 27

Angelina opened a magazine one day to see her face in an advertisement for Botox.  The ad stated that “Botox can make anyone have lips like Angelina.”  Which of the following torts would Angelina be most successful in pursuing against Botox?  

Public Disclosure of Private Facts  

False Light  

Appropriation 

Unreasonable Intrusion 

 

Question 28

Fed up with his poor pitching efforts, Lucy approaches Charlie and exclaims, “You had better leave town tomorrow or I will come to your house and beat you up!”  Which of the following torts is Charlie likely to win if he sues Lucy?  

False Imprisonment    

Assault  

Battery  

None of the above

 

Question 29

Jan heard a rumor that Marcia gave money to all her professors and that is how she got her A’s.  Jan then repeated the information to Cindy. Even though the rumors were true, Marcia sues Jan and Cindy for defamation because the statements ruined her reputation.  Which of the following is true?  

Marcia will likely win against Jan only because Jan published the statement to Cindy 

Marcia will likely win against Jan and Cindy because her reputation was damaged  

Only Cindy will likely win because she never repeated the information to another person  

Jan and Cindy will likely both win because the rumors were true 

 

Question 30

Mama is angry with her son Eddie and throws her high-heeled shoe at him.  Eddie sees the shoe fly through the air with tremendous speed toward him. The shoe then hits Eddie and boomerangs back to Mama.  Mama is likely to be liable for which of the following torts?  

Assault only  

Battery only  

Assault and Battery  

None. Mama has every right to boomerang her kid.