Tort Law 7th Edition J. Stanley Edwards, Traci Cull - Solutions

True Or False With the growing use of the Internet, defamation is more prevalent than ever.
True Or False Invasion of privacy originated as the result of a Law Review article.
True Or False Appropriation occurs when a defendant uses the plaintiff’s name or picture for their own financial gain.
True Or False A defendant can be liable for appropriation for using the plaintiff’s name only.
True Or False The tort of unreasonable intrusion requires proof that the defendant negligently intruded upon the seclusion of another, and that the intrusion was disturbing to the plaintiff.
True Or False The physical intrusion required in a claim of unreasonable intrusion can involve the use of mechanical devices.
True Or False Public disclosure of private facts occurs when private details are published about the plaintiff’s life that would be highly offensive to a reasonable person.
True Or False Public disclosure of private facts is a viable claim even if the details published are contained in a public record.
True Or False A false-light claim can also be considered grounds for defamation.
True Or False A false-light claim is easier in some respects to prove than defamation.
True Or False To recover for trade libel, a plaintiff must show that the defendant made a false statement that ridiculed or disgraced the plaintiff’s good or business.
True Or False A competitor is not privileged to “puff” if they know their statements are false and they intend to take business away from the plaintiff.
True Or False The same intent, defenses, and privileges applicable to trade libel apply to slander of title.
In today’s defamation law, the standard of proof a plaintiff must meet is determined by the ____________ of the plaintiff and the ____________ involved.
Two examples of exception to the special harm requirement for slander are _____________ and ______________.
____________ refers to defamation involving written words, whereas ____________ refers to defamation involving oral words.
Under the common law, damages were ____________ in cases of libel if the defamatory nature of the statement was obvious.
Defamation requires proof that the defendant’s statements are ___________ and ____________.
Under the ____________ ____________ rule, each copy of a book is considered a separate defamation.
Under common law, defamation was a ____________ tort.
If a plaintiff is a public official or public figure, they can recover for defamation only if they can show that the defendant acted with ____________ ____________.
Privileges can either be ____________ or __________.
A(n) ____________ ____________ is one who voluntarily injects themself into or is drawn into a public controversy.
The four torts of invasion of privacy are ____________, ______________, _______________, and ____________.
____________ statutes may bar a plaintiff’s recovery if the defendant withdraws a defamatory statement within a given time period.
A privilege can be lost if it is ____________.
Defamationa. is a fairly simple tort.b. is, under the common law, outside the protection of the First Amendment.c. is, after New York Times v. Sullivan, outside the protection of the First Amendment.d. all of the above.
The New York Times v. Sullivan courta. encouraged robust debate that may include sharp attacks on government and public officials.b. agreed with the common-law rule that defamation plaintiffs could recover if they could show that the defendant’s remarks were false.c. believed that defamation was
Special harm need not be proved in cases of slander in which it is alleged that the plaintiffa. has engaged in criminal conduct.b. has a venereal disease.c. is unfit to conduct their business, trade, or profession.d. all of the above.
To be considered defamatory, a statementa. must actually injure the plaintiff’s reputation.b. the plaintiff must prove that at least one person understood it to refer to the plaintiff.c. the plaintiff’s reputation must be tarnished in the eyes of the majority of the community.d. all of the
An opiniona. was considered defamatory under the common law unless it fell under the privilege of fair comment.b. is not considered defamatory by the U.S.Supreme Court if it is a pure expression of opinion.c. can be defamatory if it implies factual matters.d. all of the above.
Defamation is allowed fora. living persons.b. estates.c. all those hearing the statement.d. none of the above.
Publicationa. does not occur if the statement is not understood by the person hearing it.b. occurs when someone overhears the defendant make a statement to the plaintiff.c. must be intentional.d. all of the above.
A public figure is/area. one who has achieved fame.b. one who involuntarily inject themselves into a particular public controversy.c. those who wish to be famous.d. none of the above.
A private figurea. must prove actual malice.b. who successfully proves defamation can recover pecuniary losses but not nonpecuniary ones.c. who successfully proves defamation, without actual malice, can never recover punitive damages.d. all of the above.
The Communications Decency Act (CDA)a. was created in 1966.b. removes liability for ISPs as publishers.c. removes liability for ISPs as distributors.d. none of the above.
A qualified privilege protectsa. those who have the capacity to act in the public interest, such as prosecutors, when they make defamatory statements.b. someone who makes a defamatory statement for the purpose of gaining a competitive advantage.c. those who make defamatory statements to protect
False-light claims require proof thata. the plaintiff is put before the public in a false light that would be highly offensive to a reasonable person.b. the defendant deliberately portrayed the plaintiff in a false light.c. the publicity was defamatory.d. all of the above.
What is the doctrine of respondeat superior, and what is its rationale?
What relationship is required for there to be vicarious liability?
Under what conditions does respondeat superior apply, and when does it not apply?
When can an employer be liable for the intentional torts of an employee?
What criteria are used to distinguish an employee from an independent contractor?a. What is the significance of this difference?b. Under what conditions can an employer be held liable for the negligence of an independent contractor?
Give an example of a non-delegable duty for purposes of independent contractors.
Explain the level of control an employer must retain for the worker to be considered an employee and not an independent contractor.
Give an example of a bailor–bailee relationship.a. Identify the bailor and the bailee in this relationship.b. Is a bailor generally liable for the negligence of a bailee?
What have courts and legislatures done to avoid the bailor-nonliability rule?a. Describe the family-purpose doctrine.b. What is an automobile-consent statute?c. What is an omnibus clause, and how has it affected automobile-consent statutes?
What is a joint enterprise?a. What is the purpose of the joint-enterprise doctrine?b. What elements must be present for a joint enterprise to exist?
Give an example of a situation in which negligence would be imputed.a. Give an example of a situation in which negligence would not be imputed.b. What is the general rule today regarding the imputing of contributory negligence?
In what circumstances can parents be held liable for the tortious acts of their children?
True Or False Under the doctrine of vicarious liability, the acts of a tortfeasor are imputed to another even though there is no special relationship between the tortfeasor and the individual held liable.
True Or False Respond eat superior means “let everyone answer”.
True Or False True Or False The doctrine of respondeat superior applies to negligent torts but not intentional torts or strict liability actions.
True Or False An employer is vicariously liable for negligent acts engaged in by an employee while traveling to and from work.
True Or False For frolic and detour to apply, if the deviation is reasonable, the employer can still be liable.
True Or False If an employee hires a third party without the employer’s authorization, the employer is not vicariously liable for the negligence of the third party under any circumstances.
True Or False The language alone in two parties’ contract is not dispositive of whether they have created an employer–employee or employer–independent contractor relationship.
True Or False An employer cannot be held liable for the negligence of an independent contractor even if they are negligent in hiring that person or fail to inspect the work of that person.
True Or False An employer who hires an independent contractor but who retains control over any part of the work can be held liable for the negligence of that contractor.
True Or False Under the “retained control” exception to the nonliability rule for independent contractors, an employer is considered to have retained control if the employer maintains control over the premises or supervises the sequence of the contractor’s work.
True Or False If an employer contracts for performance of an illegal act, they will be vicariously liable for damages caused by the contractor.
True Or False If a risk that requires more than ordinary precautions is required of the independent contractor, the employer can be vicariously liable.
True Or False Under the common law majority rule, a bailor is not vicariously liable for the acts of a bailee unless the bailor is negligent in entrusting their goods into the care of a bailee they reasonably should know will endanger others.
Under the doctrine of ____________ ____________, an individual is held liable for the tortious acts of another.
____________ ____________ means “let the person higher up answer.”
For respondeat superior to apply, the employee must be acting within ________ and ________ of their employment.
A(n) ____________ ____________ is considered their own boss and works at their own pace in their own way.
Taking a 20-minute detour while delivering your truck load is considered a ___________ and ___________.
One of the most litigated exceptions of the independent contractor non liability rule is the __________ exception.
A person who entrusts goods into the care of another is referred to as a(n) ____________, whereas the person who agrees to accept custody of the goods is referred to as a(n)____________.
The ____________ ____________ doctrine assumes that the head of the family is the most financially responsible person in the family.
____________ ____________ statutes make the owner of a vehicle liable for the negligence of anyone using their car with their permission.
The ________ has extended the insurance coverage to members of the insured’s household.
A company whose driver is negligent cannot sue the driver of the other automobile who is also negligent because the negligence of its driver is ____________ to the company.
The doctrine of respondeat superior does not apply if an employee isa. acting outside the scope and furtherance of their employment.b. serving their employer and meeting their personal needs.c. intending to further their employer’s business by doing something foolish.d. all of the above.
An employer can be held liablea. if an employee intentionally injures someone.b. for the negligence of an employee who goes on a frolic or detour if the employee’s deviation is reasonably foreseeable.c. if they expressly forbid an employee to do something and they do it anyway.d. all of the above.
An employer can be held liable for the negligence of an independent contractora. if the employer tries to delegate a nondelegable duty to that independent contractor.b. if the employer hires the contractor to carry out an activity that is the slightest bit risky.c. unless the activity the
Under the retained control exceptiona. supervising the sequence is enough.b. control must relate to the actual manner in which the work performed by the contractor is done.c. the contractor is free to do the work in their own way.d. all of the above.
Examples of exceptions to the non-liability of bailors area. family purpose doctrine.b. automobile consent statute.c. joint enterprise.d. all of the above.
Under the majority law today, doctors area. vicariously liable for the negligence of nurses, paramedics, and other personnel they supervise.b. perceived as the “captain of the ship” for legal purposes as a means of circumventing the charitable-immunity rule.c. not held vicariously liable for
A joint enterprisea. requires that each member of the group have an equal right to control the direction of the enterprise.b. is created when people go on a social trip.c. is created any time there is a sharing of expenses on a trip.d. all of the above.
Under the modern rule, negligence is usually imputeda. to spouses.b. to the plaintiff in wrongful-death actions.c. to bailors.d. all of the above.
What are some of the ways a tortfeasor can commit trespass?
What is the difference between trespass to chattels and conversion, and what does a court consider when distinguishing between these two torts?
What must be shown to prove that a plaintiff consented?
Under what conditions is a defendant entitled to use self-defense?
When is a defendant justified in using force to defend their property?
Under what conditions might a defendant not be justified in defending a third person?
Why are homeowners not allowed to use spring guns to defend their homes?
Under what conditions can a property owner use force to regain possession of chattels?
Can a landlord use force to evict a holdover tenant?
What are the differences between public and private necessity?
True Or False An assault is committed when a defendant intends to frighten but not to contact the plaintiff.
True Or False A plaintiff who believes they can protect themself and who is not fearful that they will be harmed can still be the victim of an assault.
True Or False A plaintiff can recover for assault even if they know that someone other than themself will be touched.
True Or False The defendant need not have the ability to carry out a threatened contact, but the plaintiff must believe the defendant has that ability.
True Or False An assault occurs even if threats of future harm are made.
True Or False An assault is complete as soon as the plaintiff apprehends contact.
True Or False Some courts allow words alone to constitute an assault.
True Or False Merely obstructing a plaintiff from taking the route they prefer is grounds for false imprisonment.

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Tort Law 7th Edition J. Stanley Edwards, Traci Cull - Solutions

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