A victim of a tort may sue and recover money damages.
"Tort” comes from the Latin term “tortus,” which means “crooked, dubious, or twisted.”
If a crime does not hurt an identifiable person, it is not a tort.
A tort is a wrong arising from a violation of a public duty
Strict liability is one type of tort
Careless actions that result in injuries to others usually are not deemed to be torts.
For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong.
The concept of strict liability is applied without regard to whether the defendant was at fault.
Assault is the intentional, wrongful touching of another person without that person’s consent.
The tort of false imprisonment requires the detention of a person without his or her consent.
Under the tort of false imprisonment, shopkeepers are prevented from detaining anyone whom they believe has shoplifted.
The tort of intentional infliction of emotional distress requires proof of outrageous conduct and resulting emotional distress in the victim.
The tort of invasion of privacy always requires the misappropriation of another's name or likeness.
Commercial exploitation is a form of invasion of privacy.
Offensive or derogatory language used by one person to describe another constitutes the tort of slander.
In terms of defamation liability, members of the United States Congress enjoy an absolute privilege when they are speaking on the floor of the Senate or the House of Representatives.
Libel is the printed equivalent of the spoken form of defamation known as slander.
The media enjoy a qualified privilege for stories that turn out to be false.
Truth is not a defense to defamation.
Product disparagement is a form of defamation.
Malice is always a required element of defamation.
A trespass to personal property is any unpermitted entry below, on, across, or above the land of another.
The use of someone’s car without that person’s permission is a trespass to personal property.
Today, the widest range of tort liability arises in the field of negligence.
To determine whether the defendant is liable for negligence, a reasonable person standard is employed.
Professionals have a duty to perform their functions at the same level as would a reasonable person.
Plaintiffs are typically awarded punitive damages in negligence cases.
When contributory negligence is proven, damages awarded as reduced based on the plaintiff’s degree of fault.
The assumption of risk defense has been abolished in several states.
Governments are generally immune from tort liability.
A wrong that arises from a violation of a private duty is called a:
Concerning torts and crimes, choose the correct statement:
every tort is a crime
every crime is a tort
no crime is a tort
a crime may also be a tort
Torts arise from a violation of a ____ duty.
Torts are classified as:
strict liability only
intentional, negligence and strict liability
Without meaning to, Alice carelessly strikes Mary. Mary may be able to sue Alice for:
an intentional tort
In order to establish the tort of false imprisonment, a person must show imprisonment for:
any amount of time
at least one minute
at least ten minutes
at least one hour
A shopkeeper may lose the shopkeeper’s privilege if:
the customer is kept an unreasonable amount of time
the shopkeeper acted with reasonable suspicion.
the shopkeeper acted with necessary force.
all of the above
John owed Barney money. Barney called John's home several times per day for five weeks asking for repayment, with some of the calls coming after midnight. Barney might be liable for:
wrongful interference with a contract
intentional infliction of emotional distress
The tort of invasion of privacy includes:
intrustion into private affairs
public disclosure of private facts
misappropriation of another's name
Defamation of a public figure requires what additional element
None of the above
Which of the following is a defense to defamation?
Oral or spoken defamation is
An absolute privilege is available as a defense to slander liability when:
The statement is made to only a few people
a witness testifies in a court proceedings
no intent to harm is present
Slander of title and trade libel are collectively known as product
Maria intentionally attempts to have Patty break a contract with Alfred. Maria will be liable under which theory of tort?
Trespass applies to
personal property only
both personal property and land
only government-owned property
Trespass to personal property requires
the personal property to be connected to real property
destroying the personal property
the invasion of personal property regardless of whether the owner grants permissions
the invasion of personal property without the permission of the owner
The widest range of tort liability arises in the area of:
violation of statue
assumption of risk
The degree of care required of a person is
that degree of care the person exercised in the situation at hand.
that degree of care an extraordinary person would exercise under similar circumstances.
that degree of care an ordinarily prudent person would exercise under similar circumstances.
none of the above
Professionals have a duty to perform their jobs at the level of:
a reasonable person
a reasonable professional in the same business
an extraordinarily careful person
has been rejected by most of the states.
allows a comparison of negligence between plaintiff and defendant.
only applies when the plaintiff has signed a release.
is a bar to recovery under common law.
If the plaintiff has either engaged in or refrained from actions that are at least partially to blame for the injuries received, what negligence has occurred?
What type of damages is recoverable when the defendant’s tortious conduct is accompanied by fraud, malice, or willful or wanton conduct?
The concept of immunity from liability means that:
one who harms another can be held liable only for voluntary acts.
certain persons are not subject to tort liability.
one who harms another without intending to do so is not subject to tort liability.
one who harms a child can never be sued by the parents of the injured child.
What form of tort liability was developed to provide guaranteed protection for those who are injured by conduct the law deems both serious and inexcusable?
both a. and b.
neither a. nor b
A contract is essentially an agreement that creates an obligation.
Because transfer of value is essential to a valid contract, contracts cannot arise in the performance of personal services.
A contract can only involve two parties.
A person who makes a promise is the promisor, while a person to whom the promise is made is the promisee.
Only the parties who signed the original contract can have rights with respect to that contract.
An offeror makes an offer to an offeree.
The law requires parties to be fair and reasonable in the making of a contract.
Negotiable instruments are examples of formal contracts.
A contract for an amount greater than $1 million must be made under seal or it is not binding.
A recognizance is an agreement by which one party admits or recognizes that a specified sum of money is owed to another party.
An express contract is one in which the agreement is shown by the acts and conduct of the parties.
An implied contract is one in which the agreement is shown not by words, written or spoken, but by the acts and conduct of the parties.
The effect of an implied contract is not the same as the effect of an express contract.
A void contract is one that is otherwise valid but may be rejected or set aside by one of the parties.
An agreement that contemplates the performance of an act prohibited by law is usually void.
An executory contract is an agreement by which something remains to be done by one or both parties.
An executed contract is an agreement that has been completely performed.
When a contract is fully performed by one party, it is called a unilateral contract.
A bilateral contract is essentially an exchange of promises.
With regard to a unilateral contract, the offeree does not accept the offer by express agreement, but rather by performance.
A contract never can be both executory and unilateral.
An option contract gives one of the parties an absolute right to enter into a second contract at a later date.
Quasi contracts are contracts.
The principle behind the quasi contract is to prevent unjust enrichment.
A quasi contract may arise in a situation in which no contract exists.
Whenever a person receives a benefit for which payment has not been made, there is an unjust enrichment and the value of such benefit must be paid to the person conferring the benefit.
Quasi-contractual liability will generally be imposed when the cost of performing a contract is greater than had been expected.
When a contract sets a price for services rendered, a plaintiff cannot sue for reasonable value.
The greatest risk to purchasing online is providing your credit card information to the seller.
When purchasing from a website, the website terms generally become the contract of the parties and are legally enforceable.
A contract is
a binding agreement
an agreement creating an obligation
an agreement that creates enforceable duties and obligations
The elements of a contract include all of the following except:
two or more competent parties
an illegal purpose
The subject matter of a contract may relate to:
the performance of personal services
the construction of a house
the transfer of ownership of property
The promisor in a contract may also be called the:
A party to a contract may be:
A contract requires
both an offer and acceptance
an agreement manifested by the written or spoken words of the parties
An agreement arises when one person, the __________, makes an offer and the other person to whom the offer is made, the __________, accepts.
A contract of record is also referred to as a:
Negotiable instruments are:
An implied contract is shown by:
the acts and conduct of the parties
statements made in open court
an exchange of oral promises
A legally binding agreement that can be rejected at the option of one of the parties is called a(n):
An executory contract is:
void if neither party has performed
entered into but not fully performed
always unilateral in nature
A contract under which one or both parties have not yet fully performed is termed a(n):
A bilateral contract consists of a:
promise for an act
promise for refraining from acting
promise for a promise
promise to contract
An offer of a reward for the arrest and conviction of a criminal is an example of a:
In a bilateral contract, each party will be a promisor and, therefore, each party will:
be an obligor
be able to avoid the contract
not be in privity of the contract
be an agent for the other side
The main thrust of the quasi contract is to:
encourage the making of written contracts
compensate those who voluntarily help others
prevent unjust enrichment
An obligation to pay for the reasonable value of services rendered when there is no contract would be called:
A right of __________ refusal is the right of a party to meet the terms of a proposed contract before it is executed, such as a real estate purchase agreement.
The plaintiff in a quasi-contractual action can recover:
damages for mental distress
the reasonable value of the benefit conferred upon the defendant
for all the damages