MGMT 311 Exam 2 Study Questions with Verified Answers 2025
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Module
MGMT 311
Institution
MGMT 311
What are torts? -Correct Answer civil wrongs other than breach of contract
Damages Available in Tort Actions -Correct Answer $$ damages for they wrongs they have allegedly suffered by defendant
Tort Classifications -Correct Answer intentional torts, negligence, strict liability
What classi...
What classification does Assault and Battery fall under? Why? -Correct Answer
✔Intentional torts against persons (Personal Tort)
The ACT of doing so leads to harm
Assualt -Correct Answer ✔an intentional, unexcused act that creates in another person
a REASONABLE APPREHENSION OR FEAR of IMMEDIATE harmful or offensive
contact
Battery -Correct Answer ✔an unexcused and harmful or offensive PHYSICAL
CONTACT intentionally performed
Is malice/evil/harmful motive necessary in Intentional torts? -Correct Answer ✔No
Trent upsets Hailey and she attempts to punch him, he ducks and she accidentally hits
a bystander, Will. What potential law suits are here? -Correct Answer ✔Trent can claim
assault because her attempt created a sense of fear
Will can claim battery because Hailey actually punched him, even if she didn't mean to.
She might not have intended to punch Will but she intended to punch someone which is
an act that lead to the harm of Will.
T/F: physical injury does not have to occur for battery -Correct Answer ✔True
Defenses to Assualt and Battery -Correct Answer ✔1. consent
2. self defense
- reasonable defense in both REAL and APPARENT (you believe it is going to happen)
danger
What is false imprisonment? -Correct Answer ✔the intentional confinement or restraint
of another person's activities without justification
MGMT 311 EXAM 2
,MGMT 311 EXAM 2
Barriers/restraints (in relation to false imprisonment) can be ___ OR ___ threats. ___ is
NOT enough to be considered false imprisonment -Correct Answer ✔Physical, Oral
moral pressure
Plaintiff is person suing another for false imprisonment. Defendant is person accused of
false imprisonment.
Defense against false imprisonment -Correct Answer ✔1. consent
2. shoplifters - a merchant can use reasonable force to detain or delay persons
suspected of shoplifting and hold them for the police. Generally any detention must be
conducted in a reasonable manner and for only a reasonable length of time.
What is intentional infliction of emotional distress? -Correct Answer ✔extreme and
outrageous conduct resulting in extreme distress
Someone calling a parent and informing them their child is dead (when the caller knows
the child is not actually dead) is an example of... -Correct Answer ✔Intentional infliction
of emotional distress
Intentional Infliction of Emotional Distress is ___ to prove. -Correct Answer ✔difficult
Almost impossible to prove in Texas as a stand alone tort.
When the media is trying to defend themselves in a case of Intentional infliction of
emotional distress, they often refer back to the... -Correct Answer ✔1st amendment
EX: In Hustler v. Jerry Falwell (US 1988)
The Court held that parodies of public figures are protected under the First Amendment
from intentional infliction of emotional distress claims.
What is defamation and what are the two types? -Correct Answer ✔wrongfully harming
a person's good reputation with lies
-libel (written)
-slander (oral)
Elements of prima facie (what you have to prove) case of defamation -Correct Answer
✔a. defendant made a false statement of fact
b. the statement was understood to be about the plaintiff and intended to harm their
reputation
c. published to a third party
d. IF the plaintiff is a public figure...he/she must also prove "actual malice" to win.
MUST always prove A-C
MGMT 311 EXAM 2
, MGMT 311 EXAM 2
Blake v. Giustibelli (FI APP. 2016) -Correct Answer ✔example of proving plaintiff
experienced defamation.
The reviews contained allegations that Giustibelli lied to Blake regarding the attorney's
fee. Two of the reviews contained the allegation that Giustibelli falsified a contract.
These are factual allegations, and the evidence showed they were false.
Examples of statement of fact vs. statement of opinion -Correct Answer ✔Fact - "Joe
cheated on his tax return" statement of fact that can lead to liability for defamation (if
false)
Opinion - "Joe is a jerk"
Damages for Libel Defamation -Correct Answer ✔general damages (unquantifiable)
presumed, proof of special damages (quantifiable - proved with invoice) not necessary
to recover damages, the plaintiff need not prove that he or she was actually harmed in
any specific way as a result of the libelous statement.
Damages for Slander (Defamation) -Correct Answer ✔Plaintiff must prove he suffered
special damages (actual economic or monetary loss) before defendant is liable
What is slander per se? -Correct Answer ✔false statement made by defendant is
actionable without proof special damages?
an exception to the slander rule
4 types of false statements that are per se slanderous... -Correct Answer ✔Statement
that a person...
1. has loathsome, communicable disease
EX: aids
2. has committed improprieties in their profession or trade
EX: accusing banker of embesslement
3. has committed or has been imprisoned for a serious crime. (EX; murder, rape)
4. an unmarried women is unchaste (she sleeps around)
Absolute defense against defamation -Correct Answer ✔Truth
(Defense against defamation)
What are the two types of privileged speech? -Correct Answer ✔1. Absolute
- judicial proceedings
- legislative proceedings
EX: lawyer cannot be sued for what they say in court)
MGMT 311 EXAM 2
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