Reference no: EM133331042

1. Which of the following situations does NOT describe an intentional tort?

a. Peter Photog had contractually agreed to sell a house to a celebrity, but refused to complete the sale.

b. Peter Photog grabs some souvenirs from a celebrity's trailer while a movie is being shot.

c. Peter Photog climbs over a fence around a celebrity's home in order to take a picture.

d. Peter Photog is stopped by a security guard from taking a picture of a celebrity, and punches him.

2. Tort law has adopted a broad definition of "intention" because, in the balance of interests, the courts

a. Would rather give high damages than low damages.

b. Defer to the wishes of the jury.

c. Prefer plaintiffs over defendants.

d. Want to protect people and their property.

3. Which is the most accurate statement concerning the torts of assault and battery?

a. Battery is an ancient tort that has not been successfully used in a lawsuit since the 1800s.

b. Plaintiffs are more likely to sue for battery than for assault.

c. Battery is simply a sub-category of assault.

d. You could never be sued for battery if you had to use force to remove a trespasser from your property.

4. Which of the following statements about the tort of assault is FALSE?

a. There is no difference between the torts of assault and battery. They are simply different names for the same concept.

b. People seldom sue for assault alone.

c. It is enough for the plaintiff to reasonably believe that a blow will be struck.

d. Assault does not require physical contact.

5. At a rock concert in an arena, some members of the crowd started pushing their way towards the arena floor. The concert promoter was worried about safety issues if too many people got on the floor, not to mention that the floor seats were more expensive. The promoter asked the security staff to keep anyone who did not have the right ticket from getting on to the floor. In this situation, the promoter needs to be cautious of potential liability for

a. Trespass to land.

b. Trespass to chattels.

c. Nuisance.

d. Battery.

6. Which one of these situations depicts a use of reasonable force, so that a lawsuit for battery is unlikely to be successful?

a. Brushing against other passengers as you attempt to leave a crowded bus or subway.

b. Slapping the face of your business competitor to try to prevent your competitor from talking to one of your customers at a trade show.

c. Using your hockey stick to whack an opposing hockey player and render him unconscious in retaliation for a body check on one of your teammates in a previous game.

d. Kissing your waiter or waitress to demonstrate your pleasure with the excellent service in a restaurant.

7. A person has entered your store and is disturbing your customers. You ask him to leave, but he refuses rudely. You then put your hands on him and hustle him out of your store in a rough matter. The person later sues you. The most likely basis for the lawsuit is

a. Assault.

b. Trespass to property.

c. Battery.

d. Nuisance.

8. Chan has opened a local convenience store. Theft is one of his biggest business concerns. Which of the following statement is TRUE?

a. He may be held liable for false imprisonment even if he could not be held liable for battery.

b. Chan can detain any customer whom he honestly believes is shoplifting.

c. The shopkeeper's privilege allows Chan to hold a customer for questioning if he reasonably believes that the customer knows the identity of a shoplifter.

d. Chan can use whatever force is necessary catch and detain a shoplifter.

9. Which of the following scenarios is most likely to lead to a successful lawsuit for false imprisonment?

a. Jose was trapped under a pile of rubble when the ceiling of his apartment collapsed due to a combination of heavy rains and shoddy workmanship.

b. Denise was trapped for half an hour in the elevator in the office tower where she works when a power failure caused by a severe thunderstorm knocked out electrical service across the city.

c. Samantha was asked to return to the security office at the Fairmont Shopping Centre because two guards believed she had been shoplifting. She was kept in the tiny office until police arrived, conducted a search, found nothing, and released her.

d. Bertha was stuck forty feet in the air in a gondola at a local ski resort for twenty minutes in freezing temperatures. Staff had stopped the gondola because another skier had fallen at the head of the loading line, suffering a back injury. The gondola was held up until medical personnel could safely move the injured skier.

10. Derek's boss has told him that Derek and an older employee, Marvin, are both being considered for one manager's position that will be opening when the current manager retires at the end of the month. Wishing to get an inside track on the position, and to eliminate the competition, Derek decides to make an anonymous phone call to the local police, alleging that Marvin has a marijuana grow-op in his basement. Derek has no reason to believe this is true, but considers it a useful tactic because even if the boss finds out about an unsuccessful raid at Marvin's house, the straight-laced boss will think less of Marvin. Besides, in Derek's mind, Marvin kind of looks like an old hippy, so it might turn out to be true and really crush Marvin's chances at the promotion.

If, following a raid, the police discover nothing except the fact that it was Derek who made the anonymous tip, Marvin could sue Derek for

a. Assault.

b. Malicious prosecution.

c. Invasion of privacy.

d. Conversion.