Intentional Torts: Master the Basics for Business Law Professionals

Question 1

Battery differs from assault in that:

Accepted Answer

Battery requires actual harmful or offensive contact.

Answer

Battery requires intent to cause harm.

Answer

Assault requires intent to cause fear.

Answer

Assault requires actual fear.

Question 2

Defamation can be either libel or slander. Which of the following statements about slander is true?

Accepted Answer

Slander is spoken defamation.

Answer

Slander is more serious than libel.

Answer

Slander requires special damages.

Answer

Slander is a crime.

Question 3

Which of the following is the measure of damages for conversion?

Accepted Answer

Fair market value of chattel

Answer

Actual damages

Answer

Replacement cost of chattel

Answer

Nominal damages

Question 4

Which of the following is NOT a tort?

Accepted Answer

Breach of contract

Answer

Assault

Answer

Battery

Answer

False imprisonment

Question 5

What is the primary distinction between battery and assault?

Accepted Answer

Battery requires actual contact, while assault only requires apprehension of contact.

Answer

Assault requires intent to cause fear, while battery does not.

Answer

Battery is a crime against the person, while assault is a crime against property.

Answer

There is no distinction between battery and assault.

Question 6

What is the primary difference between libel and slander?

Accepted Answer

Libel is written defamation, while slander is oral defamation.

Answer

Libel is more serious than slander.

Answer

Libel requires proof of actual damages, while slander does not.

Answer

There is no difference between libel and slander.

Question 7

Intentionally confining a person within a bounded space without their consent is the intentional tort of:

Accepted Answer

False imprisonment

Answer

Assault

Answer

Battery

Answer

Trespass to chattels

Question 8

A defense to defamation that allows a defendant to justify the truth of a statement is known as:

Accepted Answer

Truth

Answer

Absolute privilege

Answer

Qualified privilege

Answer

Fair comment

Question 9

Trespass to land occurs when an individual:

Accepted Answer

Intentionally enters the property of another without permission

Answer

Negligently enters the property of another

Answer

Damages the property of another

Answer

Causes another to enter the property of another

Question 10

To establish the tort of assault, which element is crucial?

Accepted Answer

Intent to cause imminent apprehension of harmful or offensive contact

Answer

Physical contact that causes harm

Answer

Actual physical touching

Answer

Damages resulting from the contact

Question 11

Battery occurs when an individual:

Accepted Answer

Intentionally causes harmful or offensive physical contact with another person

Answer

Negligently causes physical contact that results in harm or offense

Answer

Intentionally inflicts emotional distress on another individual

Answer

Unintentionally causes physical contact that results in harm or offense

Question 12

The publication of a false and defamatory statement is referred to as:

Accepted Answer

Libel

Answer

Slander

Answer

诽谤

Answer

Disparagement

Question 13

Intentional torts can be remedied through various legal means. Which of the following is NOT a potential remedy?

Accepted Answer

Criminal prosecution

Answer

Compensatory damages to cover losses

Answer

Punitive damages to deter future misconduct

Answer

Injunction to prevent further harm

Question 14

Intentional torts can have significant consequences for businesses. Which of the following is NOT a potential impact?

Accepted Answer

Improved customer loyalty

Answer

Damage to reputation

Answer

Financial liability for damages

Answer

Increased insurance premiums

Question 15

Assault is characterized by an intent to cause:

Accepted Answer

Apprehension of bodily harm

Answer

Bodily harm

Answer

Emotional harm

Answer

Property damage

Question 16

Battery is distinct from assault primarily because:

Accepted Answer

Battery involves actual physical contact, whereas assault does not

Answer

Assault requires intent to cause harm, while battery does not

Answer

Battery is generally considered a more serious crime than assault

Answer

Assault requires knowledge of the victim's presence, while battery does not

Question 17

Defamation per se refers to:

Accepted Answer

Defamatory statements presumed to cause harm without proof of actual damages

Answer

Slander that is spoken

Answer

Libel that is written

Answer

Defamatory statements made with actual malice

Question 18

Which of the following is not an essential element of assault?

Accepted Answer

Provocation

Answer

Intent to cause apprehension of imminent harmful or offensive contact

Answer

Reasonable belief in the imminence of harmful or offensive contact

Answer

Actual apprehension of imminent harmful or offensive contact

Question 19

Which defense can be asserted against a defamation claim?

Accepted Answer

Truth

Answer

Libel

Answer

Slander

Answer

Intrusion

Question 20

What is an essential element of trespass to chattels?

Accepted Answer

Intentional interference with the possession of another's property

Answer

Actual harm to the property

Answer

Authorization

Answer

Provocation

Question 21

Which of the following is NOT an element of assault in the context of intentional torts?

Accepted Answer

Actual physical contact

Answer

Intentional act

Answer

Reasonable apprehension of harmful or offensive contact

Answer

Imminent threat of harm

Question 22

In the context of battery, what is considered 'harmful or offensive contact'?

Accepted Answer

Intentionally touching another person without their consent

Answer

Accidentally bumping into someone

Answer

Threatening to physically harm someone

Answer

Making fun of someone's appearance

Question 23

What type of damages may be awarded in defamation cases?

Accepted Answer

Both compensatory and punitive

Answer

Compensatory

Answer

Punitive

Answer

Nominal

Question 24

Which of the following is an example of a privileged communication that may be protected from a defamation claim?

Accepted Answer

Statements made in a court of law

Answer

Statements made to a spouse

Answer

Statements made in a public forum

Answer

Statements made to a friend in private

Question 25

An intentional act that causes emotional distress, without physical harm, can be classified as:

Accepted Answer

Intentional infliction of emotional distress

Answer

Assault

Answer

Battery

Answer

False imprisonment

Question 26

In the context of false imprisonment, what is the impact of a valid consent by the individual?

Accepted Answer

It negates the element of unlawful detention.

Answer

It creates a privilege to detain the individual.

Answer

It reduces the level of damages that can be awarded.

Answer

It has no effect on the underlying tort.

Question 27

The primary distinction between intentional torts and negligence-based torts lies in:

Accepted Answer

The intent of the actor

Answer

The type of damages suffered

Answer

The defenses that are available

Answer

The remedies that are sought

Question 28

Which element is essential for the tort of assault?

Accepted Answer

Intentional act that creates imminent apprehension of harm

Answer

Actual physical contact

Answer

Damages suffered by the plaintiff

Answer

A legal duty of care owed by the defendant to the victim

Question 29

Trespass to chattels occurs when there is:

Accepted Answer

Intentional interference with possession of another's property

Answer

Intentional damage to another's property

Answer

Unintentional interference with possession of another's property

Answer

Taking possession of lost or abandoned property

Question 30

Conversion involves:

Accepted Answer

Unauthorized exercise of control over another's property

Answer

Intentional destruction of another's property

Answer

Accidental interference with another's property

Answer

Taking possession of abandoned property

Question 31

In the context of battery, which of the following is a valid defense?

Accepted Answer

Consent

Answer

Statute of limitations has expired

Answer

Provocation by the victim

Answer

Wrongful arrest by the police

Question 32

Which of the following is the main distinction between libel and slander?

Accepted Answer

Libel is written, while slander is spoken

Answer

Libel requires proof of actual damages, while slander does not

Answer

Slander is considered a more serious offense than libel

Answer

Libel and slander are not legally distinct torts

Question 33

Defamation per se is a type of defamation that:

Accepted Answer

Does not require proof of actual damages.

Answer

Requires proof of malice

Answer

Is only applicable to public figures

Answer

Is a criminal offense

Question 34

Which of the following is NOT an element of assault?

Accepted Answer

Physical contact

Answer

Harm or offensive contact

Answer

Intent to cause apprehension

Answer

Reasonable apprehension of imminent harm

Question 35

Which of the following distinguishes battery from assault?

Accepted Answer

Battery involves actual physical contact, while assault only involves apprehension of harm.

Answer

Assault requires intent to cause harm, while battery does not.

Answer

Battery is a more serious crime than assault.

Question 36

Which of the following statements about intentional torts is true?

Accepted Answer

Intentional torts require the actor to intend the consequences of their actions.

Answer

Intentional torts only require negligence.

Answer

Intentional torts are not actionable in court.

Question 37

What is the distinction between actual malice and constitutional malice in defamation?

Accepted Answer

Actual malice requires knowledge of falsity or reckless disregard for the truth, while constitutional malice requires publication of a statement with knowledge that it is false or with reckless disregard for its truthfulness.

Answer

Actual malice is a lower standard of proof than constitutional malice.

Question 38

Which of the following is NOT a privileged communication?

Accepted Answer

Statements made during a job interview

Answer

Statements made by a clergy member to a parishioner

Answer

Statements made by a doctor to their patient

Answer

Statements made by a lawyer to their client

Question 39

What is the purpose of punitive damages in intentional tort cases?

Accepted Answer

To punish the defendant and deter future misconduct.

Answer

To cover the costs of litigation.

Answer

To compensate the plaintiff for their losses.

Question 40

Why is causation important in intentional tort cases?

Accepted Answer

Causation establishes that the defendant's actions were the legal cause of the plaintiff's injuries.

Answer

Causation is not required for liability in intentional tort cases.

Answer

Causation is only relevant in negligence cases.

Question 41

Identify the crucial element of the tort of assault.

Accepted Answer

Reasonable apprehension of imminent harm

Answer

Actual emotional distress

Answer

Intent to cause injury

Answer

Substantial physical contact

Question 42

Which action constitutes defamation?

Accepted Answer

Communicating false and damaging statements

Answer

Intentionally inflicting physical pain

Answer

Unlawfully confining an individual

Answer

Trespassing on private property

Question 43

Which element is NOT required for the tort of intentional infliction of emotional distress?

Accepted Answer

Physical harm

Answer

Extreme and outrageous conduct

Answer

Severe emotional distress

Answer

Intentional infliction of emotional distress

Question 44

In a trespass to chattels case, the plaintiff must demonstrate:

Accepted Answer

Intentional interference with personal property

Answer

Malicious intent

Answer

Significant physical damage to property

Answer

Loss of ownership

Question 45

The tort of fraud requires proof of:

Accepted Answer

Material misrepresentation of fact

Answer

Wrongful confinement

Answer

Intentional infliction of emotional distress

Question 46

Typically, the statute of limitations for intentional torts commences:

Accepted Answer

When the tort occurs

Answer

When the plaintiff incurs damages

Answer

When the defendant admits liability

Answer

When the plaintiff discovers the tort