BUS 311 Week 1 Quiz Chapter 004

1. A tort, in contrast to a crime, is a violation of the rights of an identifiable individual or business that has been wronged either intentionally or by negligence.

BT: Knowledge

PO: 1

True False

1. The law of torts deals with duties imposed by contract and it is not concerned with the violation of private rights.

BT: Comprehension

PO: 1

True False

1. The communication of a false statement that harms the reputation of a certain person is known as nuisance.

BT: Knowledge

PO: 2

True False

1. For an act to be considered defamatory, it is necessary to show that the defamatory statement was published.

BT: Knowledge

PO: 2

True False

1. Libel is the spreading of damaging statements in written formincluding pictures, cartoons, effigies, and defamation on radio, television, and Web sites.

BT: Knowledge

PO: 3

True False

1. Slander is the spreading of damaging words or ideas about a person, directly or indirectly, in all other forms not considered libel.

BT: Knowledge

PO: 3

True False

1. The threat of a libel suit by former employees who are unhappy with the references given by the former employer has gotten so serious that many firms refuse to respond to any inquiry about former workerseven those who have good records.

BT: Knowledge

PO: 3

True False

1. There are no special privileges in making the defamatory statement to any person accused of defamation.

BT: Knowledge

PO: 4

True False

1. If a defamatory statement can be proved to be true, the person who claims that he or she was defamed cannot recover damages.

BT: Knowledge

PO: 4

True False

1. A public nuisance affects the community or the general public.

BT: Knowledge

PO: 5

True False

1. A person can be charged with creating a public nuisance by causing loud noises, creating foul odors, shining bright lights, or diverting a stream.

BT: Knowledge, Analysis

PO: 5

True False

1. A nuisance entails the complete taking over of another's property.

BT: Analysis

PO: 5

True False

1. Conversion may not involve removal, damage, destruction, or unauthorized use of another person's property.

BT: Knowledge, Comprehension

PO: 6

True False

1. Vicarious negligence is the charging of a negligent act of one person onto another.

BT: Knowledge

PO: 7

True False

1. Under the doctrine of contributory negligence, injured parties are not prevented from recovering damages even if they were partly at fault.

BT: Knowledge

PO: 7

True False

1. Under the doctrine of comparative negligence, the injured parties bringing the lawsuit are prevented from recovering damages even if they are partly at fault.

BT: Knowledge

PO: 7

True False

1. Under a doctrine known as strict liability, people may be liable for injuries to others whether or not they have done something wrong.

BT: Knowledge

PO: 8

True False

1. The term for this shifting of responsibility is vicarious liability, and it is related to vicarious negligence.

BT: Knowledge

PO: 8

True False

1. Defamation, nuisance, conversion, and negligence are various kinds of:

A. common torts.

B. grave criminal offences.

C. trade jargons.

D. commerce factors.

1. To call someone a thief to the person's face may amount to:

A. defamation.

B. insult.

C. nuisance.

D. negligence.

1. If actions cause harm by an insinuation that holds someone up to hatred, ridicule, or contempt, or lowers his or her esteem, respect, or social position, the person who made the insinuation can be charged with the tort of:

A. libel.

B. slander.

C. defamation.

D. false imprisonment.

1. Defamation is a broad term that includes both:

A. libel and slander.

B. libel and conversion.

C. nuisance and libel.

D. grand and petty conversion.

1. The most common form of slander involves:

A. gestures and actions.

B. pictures.

C. spoken words.

D. cartoons.

1. The tort of slander:

A. is limited to spoken defamation.

B. includes spoken words and gestures.

C. is limited to words spoken in anger.

D. is limited to written words.

1. The spreading of damaging statements in written form is known as:

A. slander.

B. libel.

C. negligence.

D. false imprisonment.

1. Apart from defamatory statements published in books, newspapers, magazines, and Web sites, the possibility of libel also exists in:

A. speech.

B. parasailing instruction manual.

C. cookery guides.

D. business and personal letters.

1. Most cases of slander involve thoughtless statements that affect another person's:

A. reputation.

B. property.

C. capital.

D. nationality.

1. The tort of slander does not require:

A. an indirect defamatory statement.

B. a direct defamatory statement.

C. a drawing, picture, or cartoon.

D. a direct attack.

1. In conducting business, a firm and its owners have the right not to be subjected to:

A. politically correct statements.

B. truthful statements.

C. false and malicious statements.

D. acts of negligence.

1. The tort of trade libel is similar to:

A. scandal.

B. libel.

C. vicarious liability.

D. traditional defamation.

1. The tort of trade libel deals with:

A. an individual's title to property.

B. the quality of a firm's research activities.

C. spoken defamation of a company.

D. written defamation relating to a firm's employees.

1. The common defenses to charges of defamation are:

A. insanity and privilege.

B. truth and falsehood.

C. truth and privilege.

D. privilege and falsehood.

1. If the person accused of __ had a special privilege, such as an attorney in a court proceeding who accuses a witness of lying, then the complainant person cannot recover damages:

A. defamation.

B. false imprisonment.

C. vis major.

D. negligence.

1. If the person accused of defamation had a special privilege in making the defamatory statement, such as an attorney in a court proceedings, who accuses a witness of lying, the defamed person:

A. cannot recover damages.

B. can recover damages.

C. can file a suit of defamation .

D. can make defamatory statement against attorney.

1. A person who acts in a way that denies another the right to enjoy his or her property without unreasonable interference is liable under:

A. government nuisance.

B. public nuisance.

C. defamatory tort.

D. private nuisance.

1. A person who is guilty of the wrongful taking, detention, or illegal assumption of ownership has committed the tort of:

A. libel.

B. defamation.

C. slander.

D. conversion.

1. The law gives each person the right to own and use personal property without interference from others. When this right is denied or abridged by another, the wrongdoer is said to have committed the tort of:

A. nuisance.

B. conversion.

C. libel.

D. scandal.

1. A tort action for conversion is one way to help:

A. award punitive damages.

B. attach private property.

C. replace the money or property.

D. punish the wrongdoer.

1. A term that is used in cases involving the negligence of professionals is known as:

A. false imprisonment.

B. vis major.

C. misfeasance.

D. malpractice.

1. To avoid legal action either as an individual or as an employee, each person must exercise reasonable care and good judgment to avoid:

A. causing injury to others.

B. curtailing others' rights.

C. breaching duties.

D. payment of compensation.

1. The failure to exercise the necessary care not to expose others to unreasonable risk of harm is the tort of:

A. liability.

B. defamation.

C. negligence.

D. misfeasance.

1. A completely fictitious individual who is assumed to have the "judgment and skill" one would expect from a person with the strengths and limitations of the person whose behavior is being judged shall have to be:

A. a person with criminal background.

B. a person with legal background.

C. a person of ordinary prudence.

D. a person with high IQ.

1. Contributory negligence is also known as:

A. vicarious negligence.

B. comparative fault.

C. strict liability.

D. contributory fault.