BL Study Guide, Chapter 3, Torts
True/False
Indicate whether the statement is true or false.
____
1. A tort is a wrong committed against an individual.
____
2. Public officials must prove actual malice to succeed in a defamation lawsuit.
____
3. Invasion of privacy is an unintentional tort.
____
4. Even the most careless conduct will not result in liability for negligence unless there is actual harm.
____
5. The main difference between intentional torts and negligence is that one is deliberate, while the other is
usually caused by carelessness.
____
6. Although the reasonable person test is very subjective, it is used primarily in intentional tort cases.
____
7. The tortfeasor is the plaintiff in a lawsuit.
____
8. Mexican tort law does not provide for compensation for pain and suffering.
____
9. Current tort reform legislation includes survival statutes and wrongful death statutes.
____ 10. If you are driving your car too fast on a rainy evening and have an accident, you might have committed an
intentional tort.
Multiple Choice
Identify the choice that best completes the statement or answers the question.
____ 11. A wrongful injury to, or interference with, the property of another is
a. nuisance.
c. trespass.
b. defamation.
d. invasion of privacy.
____ 12. A false statement made orally to a third party is
a. slander.
c. breach of duty.
b. defamation.
d. libel.
____ 13. People who are engaged in extremely dangerous activities may be held liable even without negligence or
malice; this is known as the doctrine of
a. assumption of risk.
c. unintentional liability.
b. strict liability.
d. dangerous liability.
____ 14. To determine if the defendant's conduct was the proximate cause of the plaintiff's injury, the court applies the
a. proximate cause test.
c. forensic test.
b. actual cause test.
d. foreseeability test.
____ 15. The negligence defense that might be used by a baseball club that is sued by spectators is
a. contributory negligence.
c. assumption of risk.
b. comparative negligence.
d. proximate cause.
____ 16. The difference between a crime and a tort is that a crime is committed against the public good, while a tort
a. is committed against a particular person or property.
b. is caused when someone is being threatened.
c. is considered a wrong against all of society.
d. hurts all members of the community.
____ 17. Examples of intentional torts include
a. false imprisonment and disparagement.
b. negligence and arson.
c. assault and rape.
d. forgery and proximate cause.
____ 18. Your neighbor continues to play very loud music that is keeping you awake at night. This is an example of
a. strict liability.
c. product liability.
b. an intentional tort.
d. negligence.
____ 19. Using explosives and keeping alligators as pets are examples of
a. survival statutes.
c. conversion.
b. negligence.
d. strict liability.
____ 20. The remedies available in tort law usually include
a. a public apology by the tortfeasor printed in the local newspaper.
b. prison time for the tortfeasor.
c. financial compensation to the victim for injuries caused by the tortfeasor.
d. financial compensation for the victim and prison time for the tortfeasor.
Completion
Complete each statement.
21. When one person interferes with another's rights, either intentionally or negligently, a(n)
____________________ is committed.
22. Loud noises late at night, noxious odors, and fumes coming from a nearby house are all examples of
____________________.
23. The wrongful act of injuring another person's reputation by making false statements is known as
____________________.
24. If a wrongdoer has injured another party, a court will usually award ____________________ to the injured
party.
25. ____________________ consists of lies about objects.
26. A(n) ____________________ is a wrong committed by a person who knows and wants the resulting
consequences.
27. In a product liability case, both the seller and the ____________________ of the item are liable for injuries
caused by the product.
28. Under the doctrine of ____________________, the amount of the plaintiff's recovery is reduced by the
percent of his or her negligence.
29. Entering another person's land or property without permission is called ____________________.
Matching
Match each term with its definition.
a. intentional tort
b. strict liability
c. nuisance
d. defamation
e. negligence
f.
g.
h.
i.
j.
duty of care
proximate cause
contributory negligence
comparative negligence
assumption of risk
____ 30. The obligation to use a reasonable standard to prevent injury to others
____ 31. Anything that interferes with the enjoyment of life or property
____ 32. Negligence of each party is compared, and the amount of the plaintiff's recovery is reduced by the percent of
his or her negligence
____ 33. The failure to exercise the degree of care that a reasonable person would have exercised in the same
circumstances
____ 34. Behavior by the plaintiff that helped to cause the injury
____ 35. Actions that are deliberate and cause hurt or embarrassment to others
____ 36. When the plaintiff knew of the risk involved and still took a chance of being injured
____ 37. The wrongful act of injuring another's reputation by making false statements
____ 38. The legal connection between unreasonable conduct and the resulting harm
____ 39. A legal doctrine that says some activities are so dangerous that liability will always follow
Short Answer
40. What is the difference between a crime and a tort? Describe the three elements to any tort. Then discuss how
tort law impacts business, and provide an example.
BL Study Guide, Chapter 3, Torts
Answer Section
TRUE/FALSE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
ANS:
ANS:
ANS:
ANS:
ANS:
NAT:
ANS:
NAT:
ANS:
ANS:
ANS:
ANS:
NAT:
T
T
F
T
T
NBEA IE3d
F
NBEA IE3e
F
T
T
F
NBEA IE3d
PTS:
PTS:
PTS:
PTS:
PTS:
1
1
1
1
1
DIF:
DIF:
DIF:
DIF:
DIF:
1
2
2
2
2
REF:
REF:
REF:
REF:
REF:
55
58
58
63
56 | 61
PTS: 1
DIF: 2
REF: 62
PTS:
PTS:
PTS:
PTS:
DIF:
DIF:
DIF:
DIF:
REF:
REF:
REF:
REF:
1
1
1
1
1
1
2
2
55
55
65
61
MULTIPLE CHOICE
11. ANS: C
12. ANS: A
13. ANS: B
NAT: NBEA IE3f
14. ANS: D
NAT: NBEA IE3e
15. ANS: C
16. ANS: A
NAT: NBEA IE3c
17. ANS: A
NAT: NBEA IE3d
18. ANS: B
NAT: NBEA IE3d
19. ANS: D
NAT: NBEA IE3f
20. ANS: C
NAT: NBEA IE3g
PTS: 1
PTS: 1
PTS: 1
DIF: 1
DIF: 1
DIF: 3
REF: 59
REF: 58
REF: 64
PTS: 1
DIF: 2
REF: 62
PTS: 1
PTS: 1
DIF: 2
DIF: 3
REF: 63
REF: 56
PTS: 1
DIF: 2
REF: 56-59
PTS: 1
DIF: 2
REF: 59
PTS: 1
DIF: 2
REF: 64
PTS: 1
DIF: 3
REF: 56
DIF: 1
REF: 55
COMPLETION
21. ANS: tort
PTS: 1
22. ANS: nuisance
PTS: 1
23. ANS: defamation
DIF: 1
REF: 59
PTS: 1
DIF: 1
24. ANS: monetary damages
REF: 58
PTS: 1
DIF: 1
25. ANS: Disparagement
REF: 56
PTS: 1
DIF: 1
26. ANS: intentional tort
REF: 59
PTS: 1
DIF: 2
27. ANS: manufacturer
REF: 56
PTS: 1
DIF: 2
28. ANS: comparative negligence
REF: 64
PTS: 1
29. ANS: trespass
DIF: 2
REF: 63
PTS: 1
DIF: 1
REF: 59
PTS:
PTS:
PTS:
PTS:
PTS:
PTS:
PTS:
PTS:
PTS:
PTS:
DIF:
DIF:
DIF:
DIF:
DIF:
DIF:
DIF:
DIF:
DIF:
DIF:
NAT: NBEA IE3d
MATCHING
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
ANS:
ANS:
ANS:
ANS:
ANS:
ANS:
ANS:
ANS:
ANS:
ANS:
F
C
I
E
H
A
J
D
G
B
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
NAT: NBEA IE3d
NAT: NBEA IE3d
NAT: NBEA IE3e
SHORT ANSWER
40. ANS:
Answers may vary but should include the following:
A crime is considered an offense against the public at large and, therefore, punishable by the government. A
tort is a private wrong committed by one person against another; it involves the interference with another
person's rights.
There are three elements to every tort:
1. the possession of certain rights by an innocent party
2. a violation of those rights by the tortfeasor
3. a resulting injury that somehow hurts the person whose rights were violated
Business is most impacted by negligence and strict liability laws. Negligence is being less careful than a
reasonable person should be in the same situation. An example would be a business that doesn’t sweep up
spills and customers slip and fall. Strict liability is most often applied in product liability cases. When people
are injured by a defective product, both the manufacturer and seller are liable for injuries.
PTS: 1
DIF: 3
REF: 55-59
NAT: NBEA IE3c