Question 1

What interest is protected by the tort of misrepresentation?

Accepted Answer

the right to be free from pecuniary loss resulting from false statements

Question 2

MATCHING
-one person owes another loyalty and candor

Accepted Answer

A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability 
A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability K

Question 3

Ed wants to sell his car to Bob, a neighbor.Ed tells Bob that the car is in excellent condition.Ed does not know that there is a serious crack in the crankshaft.Bob buys the car.A week later he is in an accident caused by the defective crankshaft.He sues Ed for misrepresentation.________

Accepted Answer

A) Bob's misrepresentation action will succeed because there was scienter. 
B) Bob's misrepresentation action will fail because there was no scienter. 
C) Bob's misrepresentation action will succeed because Ed was careless in failing to tell Bob about the crack in the crankshaft. 
D) Bob's misrepresentation action will fail because Ed is not a merchant. 
A) Bob's misrepresentation action will succeed because there was scienter. 
B) Bob's misrepresentation action will fail because there was no scienter. 
C) Bob's misrepresentation action will succeed because Ed was careless in failing to tell Bob about the crack in the crankshaft. 
D) Bob's misrepresentation action will fail because Ed is not a merchant. B

Question 4

MATCHING
-unenforceable at the option of one of the parties

Accepted Answer

A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability 
A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability

Question 5

MATCHING
-specific economic losses

Accepted Answer

A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability 
A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability

Question 6

The tort of wrongful discharge can be committed against an employee at will.

Accepted Answer

A) True 
 B)False

Question 7

It is not an interference with prospective advantage for the defendant to use fair competitive tactics against the business of the plaintiff.

Accepted Answer

A) True 
 B)False

Question 8

MATCHING
-having an improper purpose

Accepted Answer

A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability 
A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability

Question 9

MATCHING
-a justifiable reason

Accepted Answer

A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability 
A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability

Question 10

MATCHING
-cause of action covering pecuniary loss caused by false statements

Accepted Answer

A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability 
A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability

Question 11

MATCHING
-catch-all tort

Accepted Answer

A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability 
A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability

Question 12

MATCHING
-discrediting an opponent's business

Accepted Answer

A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability 
A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability

Question 13

You cannot commit the tort of interference with contract relations if the contract was voidable.

Accepted Answer

A) True 
 B)False

Question 14

MATCHING
-unreasonable delay in settling a claim

Accepted Answer

A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability 
A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability

Question 15

MATCHING
-expected exaggeration

Accepted Answer

A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability 
A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability

Question 16

MATCHING
-can be ended for any reason that does not violate public policy

Accepted Answer

A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability 
A) misrepresentation 
B) fact 
C) puffing 
D) fiduciary relationship 
E) scienter
F)material
G)voidable
H)terminable at will
I)malicious
J)cause
K)disparagement
L)special damages
M)prima facie tort
N)bad faith liability
O)dram shop liability

Question 17

Mary works for Sam as an accountant.She is an employee at will.One day she calls the hotline of the Internal Revenue Service to tell the IRS that Sam often pays some of his workers in cash so that he does not have to withhold taxes.When Sam finds out, he fires Mary________.

Accepted Answer

A) The firing is not a wrongful discharge because Mary should have told Sam about her objection before contacting the IRS. 
B) The firing is a wrongful discharge even though it does not violate public policy. 
C) The firing is a wrongful discharge even though it was not retaliatory. 
D) The firing is a wrongful discharge because it violates public policy. 
A) The firing is not a wrongful discharge because Mary should have told Sam about her objection before contacting the IRS. 
B) The firing is a wrongful discharge even though it does not violate public policy. 
C) The firing is a wrongful discharge even though it was not retaliatory. 
D) The firing is a wrongful discharge because it violates public policy.

Question 18

Why is puffing not a basis for the tort of misrepresentation?

Accepted Answer

Puffing does not contain facts

Question 19

You cannot commit the tort of interference with contract relations if the contract violated public policy.

Accepted Answer

A) True 
 B)False

Question 20

Dram shop liability can result from selling intoxicating liquor to someone who then injures a third person due, in part, to the intoxication.

Accepted Answer

A) True 
 B)False

Exam 22: Misrepresentation, Tortious Interference, and Other Torts

What interest is protected by the tort of misrepresentation?

MATCHING -one person owes another loyalty and candor

Ed wants to sell his car to Bob, a neighbor.Ed tells Bob that the car is in excellent condition.Ed does not know that there is a serious crack in the crankshaft.Bob buys the car.A week later he is in an accident caused by the defective crankshaft.He sues Ed for misrepresentation.________

MATCHING -unenforceable at the option of one of the parties

MATCHING -specific economic losses

The tort of wrongful discharge can be committed against an employee at will.

It is not an interference with prospective advantage for the defendant to use fair competitive tactics against the business of the plaintiff.

MATCHING -having an improper purpose

MATCHING -a justifiable reason

MATCHING -cause of action covering pecuniary loss caused by false statements

MATCHING -catch-all tort

MATCHING -discrediting an opponent's business

You cannot commit the tort of interference with contract relations if the contract was voidable.

MATCHING -unreasonable delay in settling a claim

MATCHING -expected exaggeration

MATCHING -can be ended for any reason that does not violate public policy

Mary works for Sam as an accountant.She is an employee at will.One day she calls the hotline of the Internal Revenue Service to tell the IRS that Sam often pays some of his workers in cash so that he does not have to withhold taxes.When Sam finds out, he fires Mary________.

Why is puffing not a basis for the tort of misrepresentation?

You cannot commit the tort of interference with contract relations if the contract violated public policy.

Dram shop liability can result from selling intoxicating liquor to someone who then injures a third person due, in part, to the intoxication.

Introduction to Tort Law and Practice

Foreseeability in Tort Law

Battery

Assault

False Imprisonment and False Arrest

Misuse of Legal Process

Infliction of Emotional Distress

Conversion and Trespass to Chattels

Strict Liability

Negligence: a Summary

Negligence: Duty

Negligence: Breach of Duty

Negligence: Proximate Cause

Negligence: Damages

Negligence: Defenses

Products Liability

Survival and Wrongful Death

Torts Against and Within the Family

Torts Connected With Land

Defamation:

Invasion of Privacy

Additional Tort Defenses

Workers Compensation

Filters