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Business Torts Quiz
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Slander includes defamation and libel. A ________________ is a right granted by statute to the author or originator of literary, artistic productions and computer programs. A _________________ is a government grant that conveys and secures to an inventor the exclusive right to make, use, and sell an invention for a legally specified period of time. A ___________________ is a distinctive mark, motto, device or implement that a manufacturer stamps, prints or otherwise affixes to its goods to identify the source of the goods. A lawsuit based on __________________ does not involve injury to a person’s property or character but rather concerns an intentional invasion of a person’s intangible right to be left alone. A lawsuit based on invasion of privacy concerns an intentional invasion of a person’s right to be left alone. A service mark: A trademark is a government grant that conveys and secures to an inventor the exclusive right to make, use and sell an invention. True or False: F A trespasser can be removed from the premises by the use of non-deadly reasonable force without the property owner’s being liable for assault, battery or both. According to the case of Bourque v. Stop & Shop Companies, Inc., the law does not permit a merchant to require the suspected shoplifter to sign a confession before he can be allowed to leave. Actual harm is not an element of trespass to land. Another name for exemplary damages is: Assumption of the risk is a defense to negligence. Bill entered a car race knowing that there was a risk of injury or death from a crash. Bill was seriously injured in a crash. Bill sued the owner of the track alleging negligence the track owner’s best defense is: Chris, a rare stamp dealer, sold Sara a stamp. In making the sale, Chris said: “This is a French stamp from the 10th century.” Chris’s statement is: Defamation includes the torts of slander, written falsehoods that damage a person’s reputation in the community, and libel, damaging oral falsehoods. Defamation, the making of a false statement by someone about another person to others, may take the form of: In 1975, this state was the first to limit recovery in medical malpractice cases to $250,000 for noneconomic damages. In 2003, the House of Representatives passed legislation limiting noneconomic damages to a maximum amount of _____________ in medical malpractice cases. In a case of alleged defamation, under the defense of _______________, even if a statement were false, no action can be brought against the speaker or writer if the proceedings in which the statements were made were judicial or legislative proceedings. In an advertisement comparing its product to a competitor’s, Rx-R-Us, Inc. said that the competitor’s product did not prevent heartburn. Indeed, the competitor’s product did prevent heartburn. The competitor can bring an action against Rx-R-Us for: Merchant protection legislation allows a merchant to detain any suspected shoplifter, provided that reasonable cause for suspicion exists and that the detention is executed in a reasonable way. Negligence requires the person causing the harm to compensate the injured party without regard to fault. True or False: F Negligence requires which of these elements: Occasionally, a person will be unjustly enriched at the expense of another. No express contract exists and no conduct occurred to imply a contract, yet it is unjust for one individual to be enriched at the expense of the other. A remedy in cases like this is called; Strict liability consists of harm caused by careless acts or failure to perform legal duty. Proximate cause is the reasonable, causal relationship between the defendant’s unreasonable conduct and the plaintiff’s injury or damage. Texaco v. Pennzoil resulted in the largest trial judgment in U.S. history; it was a case based on intentional interference with a contract. The civil law system allows little latitude in compensating victims of wrongful acts. The concept of reasonable care underlies the whole body of the law of negligence. The three major forms of intellectual property are trademarks, patents, and inventions. The intentional infliction of emotional distress: The three types of torts are intentional, negligence and strict liability. The tort of ____________ involves a misrepresentation of material facts wherein there is intent to deceive or wherein there is reckless disregard of the truthfulness of the facts, when such misrepresentation takes place with knowledge that the facts are false, causing the victim, who had justifiably relied on the facts, damages. The tort of false imprisonment is the intentional confinement or restraint of a person without justification and the interference with the person’s ability to move about freely. The tort of infliction of mental distress is defined as a party’s intentional act that amounts to extreme and outrageous conduct resulting in another person’s severe emotional distress. The tort of nuisance is based upon the idea that: The tort of strict liability consists of harm caused by careless acts or failure to perform a legal duty; most automobile accidents are the result of the doctrine of strict liability. These damages are quasi-criminal in nature; they are intended to punish the defendant for his or her intentional tort and to prevent others from committing similar acts. These damages reimburse the plaintiff for the expenses he or she incurred as a result of an accident. This is the broad based, bipartisan coalition that is involved in reforming the civil justice system. This type of nuisance disturbs or interferes with the public in general and is generally a crime. This type of nuisance interferes with property interest of a limited number of individuals and is a tort. Toy World, Inc. has developed a new computer game. Toy World has decided to market the game under the name of “FUN”. Toy World intends to have the toy on the market in two months. Which statement is correct? Trespass to land is considered to be a wrong against: Using the defense of the privilege of equity, even if a statement is false, no action can be brought against the speaker or writer. When a thief steals confidential data, his or her crime is also a tort called theft of trade marks. Whenever personal property is taken from its rightful owner or possessor and placed in the service of another, the tort of nuisance has occurred. Which of the following are defenses to negligence?
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