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Slander is oral defamation.
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A false statement that impeaches someone's honesty is defamatory.
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| Question | Answer |
|---|---|
| Slander is oral defamation. | True |
| A false statement that impeaches someone's honesty is defamatory. | True |
| Non-public figures need not prove publication in their suits for defamation. | False |
| Public figures must prove malice to establish a case of defamation against a newspaper. | True |
| Members of Congress enjoy an absolute privilege for their speech while on the floor. | True |
| The media have a qualified privilege in defamation cases. | True |
| Testimony in a court room is not privileged for purposes of defamation actions. | False |
| The tort of contract interference requires knowledge of an existing contract between two parties. | True |
| The tort of false imprisonment requires proof of some actual injury. | False |
| The shopkeeper's privilege is a defense to false imprisonment if the detention is reasonable | True |
| Malice is a required element in all defamation cases. | False |
| Newspapers have an absolute privilege with respect to defamation suits. | False |
| The disclosure of private but true facts is not an invasion of privacy. | False |
| Asking a buyer to break their existing contract with another supplier is tortious interference. | True |
| The use of someone's voice for commercial purposes without their permission is appropriation. | True |
| The use of someone's photo for commercial purposes without their permission is appropriation. | True |
| The use of someone's photo for commercial purposes without their permission is invasion of privacy. | True |
| The failure to follow industry code is a breach of duty. | True |
| Running a red light is a breach of duty for negligence purposes. | True |
| A breach of duty can still be established for negligence cases even when the defendant has complied with the law. | True |
| The purpose of causation is to tie the breach of duty to the resulting injury. | True |
| Contributory negligence, if established, can be a complete defense to negligence. | True |
| Comparative negligence, if established, is a complete defense to negligence. | False |
| Assumption of risk is a complete defense to negligence. | True |
| Businesses are never liable for criminal activity on their premises. | False |
| Assumption of risk is not a defense unless there was full information prior to the risk being assumed. | True |
| The reasonable and prudent person standard is not used for establishing contributory negligence. | False |
| Proximate cause need not be established in negligence cases. | False |
| Comparative negligence and contributory negligence are the same thing. | False |
| Employer privilege statutes apply even when there is intentional misrepresentation. | False |
| Britney Spears is an example of a public figure for purposes of proving malice. | True |
| The employer privilege statutes provide employers with some defenses for candor in references. | True |
| The reasonable person standard is the standard of duty for purposes of establishing negligence. | True |
| Posting false information about a person to an Internet blog would be publication. | True |
| Opinion and analysis of a person's conduct are not defamation if the underlying facts are correct. | True |
| A screensaver program that uses the likeness of a person is commercial appropriation. | True |
| Defamation cannot exist in cyberspace because there is no evidence that someone heard or understood the statements | False |
| Which of the following statements would qualify for a defamation action (assuming the statement is false)? | "He pled guilty to a violation of campaign contribution laws." |
| Contract interference: | requires proof of intent to interfere. |
| Galley, Inc. has a contract for operating the kitchen at Palm Crest Hotel in Miami. Mealco has approached Palm Crest's director of operations and stated, "Look, sign with us. We'll take care of whatever damages you owe Galley." Mealco's statements: | constitute the tort of contract interference. |
| ch 9 q 41 | are defamatory. |
| The tort of false imprisonment | is also known as the "shopkeeper's tort." |
| The distinguishing element between intentional torts and negligent torts is: | intent. |
| Which of the following does not enjoy an absolute privilege to charges of defamation? | newspaper reporting witness testimony from a trial |
| ch 9 q 45 | is liable to the Saguaro Grill for libel. |
| ch 9 q 46 | is protected from defamation liability because of the privilege for elected officials. |
| ch 9 q 47 | is protected from defamation liability under the opinion/analysis quasi-privilege. |
| Caveat emptor is a Latin term meaning "let the buyer beware." | True |
| Privity of contract is a direct contractual relationship between the parties. | True |
| The implied warranty of fitness for a particular purpose (unless disclaimed) is given in every sale of goods by a merchant. | False |
| The implied warranty of merchantability (unless disclaimed) is given in every sale of goods by a merchant. | True |
| The language "as is" disclaims both the warranty of merchantability and the warranty of fitness for a particular purpose. | True |
| "These dresses are 100% cotton" is an example of an express warranty. | True |
| "This car has the finest workmanship money can buy" is an example of an express warranty. | False |
| A product can be defective for purposes of liability for injury if proper warnings about its use are not given. | True |
| Privity is required for recovery on the basis of warranty. | False |
| The implied warranty of fitness for a particular purpose requires reliance. | True |
| There can be no recovery on the basis of a breach of a UCC warranty by anyone other than the actual buyer. | False |
| A lack of adequate warnings can be a defective product. | True |
| Misuse of a product is a defense in a product liability suit. | True |
| Proof of negligence in a product liability case may allow the plaintiff to recover punitive damages. | True |
| A sale of a toaster at a garage sale is covered by the warranty of merchantability. | False |
| Proof for a breach of the warranty of merchantability suit requires establishment of the fact that the product was in a defective and unreasonably dangerous condition. | False |
| The Federal Trade Commission is responsible for the regulation of deceptive advertising. | True |
| Private parties can enforce the FTC regulations on comparative ads. | True |
| A consent decree is similar to a no-contest plea in a criminal proceeding. | True |
| Celebrity endorsements of products are deceptive unless the celebrity has used the product. | True |
| The Federal Trade Commission does not have the authority to halt deceptive ads. | False |
| Ads can be a basis for an express warranty. | True |
| Corrective advertising cannot be mandated by the FTC. | False |
| Federal trademark law provisions provide remedies for companies whose products are misrepresented in comparative advertising. | True |
| The foreign/natural test for food items is different from the liability issues under the reasonable expectation test. | True |
| The implied warranty of merchantability requires proof that the buyer was relying on some language when he or she made the purchase of the good. | False |
| f there is a breach of the warranty of merchantability, there is no tort liability. | False |
| A purchase of a deep fryer at a sale of a bankrupt restaurant's equipment by the bankruptcy trustee is covered by the warranty of merchantability. | False |
| The FTC can issue an order to halt a comparative ad if information used in the ad is inaccurate. | True |
| Proof that a manufacturer was aware of a defect in its product but did not correct it is proof of negligence. | True |
| Passengers injured in a plane crash caused by the plane's defective design have no rights of recovery against the airplane manufacturer. | False |
| The implied warranty of fitness for a particular purpose requires: | none of the above |
| Privity in negligence product liability cases is: | not required. |
| The UCC warranty of merchantability: | can be disclaimed by using the term "as is." |
| Which of the following does not constitute an express warranty? | All of the above are express warranties |
| Which of the following does not constitute an express warranty? | "This car will give you a great deal of satisfaction." |
| Bait and switch: | is a sales tactic of advertising a cheaper product in order to get a customer in to buy a more expensive product. |
| Corrective advertising: | is one of the FTC's many remedies. |
| Which of the followig actions cannot be taken on comparative advertising that is misleading? | the FTC can seek criminal penalties |
| Which of the following phrases is an express warranty? | "boned chicken" |
| Privity of contract: | is required for recovery on a UCC warranty theory. |
| Mattel, Inc. had to recall 19 million toys because it learned that its manufacturer/supplier in China had used lead-based paint on the toys, a paint that is prohibited in the United States. Mattel: | is liable to purchasers as a manufacturer/seller of toys. |
| Ch 10 q 43 | Tops is liable to its purchasers for any injuries and damages from the presence of E-Coli. |
| Ch 10 q 44 | Shades must take back the shades for breach of an express warranty. |
| Ch 10 q 45 | can issue a cease and desist order for the Personal Alarm ads on direct police contact. |
| A bike purchaser who alters the frame of a bike after the purchase and who is injured because the frame cracks: | may not be able to recover from the manufacturer because the product was in a different condition at the time of the accident. |
Created by:
shanekory