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Business Law Chapter 3 Study Guide
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 / f. / duty of care
b. / strict liability / g. / proximate cause
c. / nuisance / h. / contributory negligence
d. / defamation / i. / comparative negligence
e. / negligence / j. / 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.

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