Tort Law Intentional vs Negligent Questions

Basis UniversityBusiness Law – Week 4 Assignment
Torts: Questions and Answers
SHORT ANSWER
1. What is a tort? Define the term
2. What is the difference between an intentional tort and a negligent tort?
3. What are the four elements of a negligence case?
4. Who is the plaintiff in a tort case?
5. What would be the difference in a criminal case for wrongful death and a tort case for wrongful death?
6. Explain the idea of strict liability.
7. Describe the difference between the tort of assault and the tort of battery
8. What is the shopkeeper’s privilege as it relates to the tort of false imprisonment?
9. What is the significance of truth when determining if a defamation has taken place?
10. Explain why intent is important when someone is accused of fraud.
11. If you mistakenly take someone’s property and believe it is yours, have you committed a trespass to
property? Why or why not?
12. What is the difference between conversion and theft?
13. Define the difference between causation in fact (also called actual cause) and proximate cause.
14. If you see a stranger in the way of harm, do you have a legal duty to assist them? Why or why not?
15. If you see a stranger in the way of harm, do you have and ethical duty to assist them? Why or why not?
TRUE/FALSE
16. Puffery is allowed if it includes opinion. True or false
17. Libel is defamation in a written form. True or false
18. An assault can occur even without physical contact. True or false
19. A trespass does not require an injury to the land. True or false
20. The duty of care may change depending on the circumstances. True or false
21. Choosing to ignore a risk may be a defense to negligence. True or false
22. Comparative negligence provides a way to reduce liability. True or false
23. An intentional tort requires that the party intended the outcome of the action. True or false
24. Liability can be defined without findings of fault under the theory of strict liability. True or false
25. Ed has been a plumber for 6 months but tells clients he is the “best in town” – this is fraud. True or false.
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MULTIPLE-CHOICE
26. A four-year old enters a store on a hot day. She drops her ice cream cone on the floor by the ice cream
case. A customer later slips on the ice cream and breaks her arm. The store owners is:
a. Liable, because a merchant is always liable for customer actions
b. Liable if the owner failed to take reasonable action against the injury
c. Not liable because the customer wasn’t paying attention
d. Not liable because the injury is the fault of the four-year old.
27. A customer in a store picks up an item and places it in her purse without paying for the item. The store
owner stops her and says she can’t leave until the owner checks her purse. If the customer sues for false
imprisonment, the outcome will be:
a. Customer wins because merchant can’t delay customer on mere suspicion
b. Customer wins because a tort must be committed before someone is stopped
c. Customer loses because a merchant may stop a suspected shoplifter for a reasonable time
d. Customer loses because merchant isn’t intending to commit a false imprisonment
28. Joe sends a letter to John and accuses him of a crime. John’s wife reads the letter. In a case for
defamation:
a. John wins because the wife reading the letter is a publication
b. John wins because the writing f the letter is a publication
c. John loses because the letter states an opinion not evidence
d. John loses because the statement was not published
29. Cox cable provides internet service. Ads Unlimited begins sending spam to Cox customers. Many
customers cancel their relationship with Cox. Ads Unlimited is liable for:
a. Defamation
b. Disparagement of property
c. Fraud
d. Wrongful interference with a business relationship
30. Beth borrows Marcy’s iPad. When Marcy asks for the iPad back, Beth says she gave it to Diane for a
birthday gift. Marcy can sue Beth for:
a. Conversion
b. Disparagement of property
c. Fraud
d. Nothing
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