Exam 5: Business Torts

Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall col-lapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Express Delivery?

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(Essay)

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Question 1

Correct Answer:

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To recover on the ground of negligence, Fazio must show that Express Delivery owed him a duty of care, that Express Delivery (through Dixie) breached that duty, that Fazio was injured, and that Express Delivery's breach caused that injury.
There is no question that in operating the truck, Dixie was acting on Express Delivery's behalf and that her actions breached the duty of reasonable care necessary to park the truck. Also, Fazio was injured by a crane falling on him, not by his own negligence. Liability turns on whether Fazio can connect Dixie's breach of duty to his injury. Fazio must show that the chain of events was a foreseeable result of Dixie's carelessness. The issue of foreseeability is determined by the test of proximate cause, the connection needed for Fazio's recovery of damages.

Common types of trespass to land include placing part of one's building on an adjoining landowner's property .

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(True/False)

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Question 2

Correct Answer:

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True

When someone suffers injury because of another's failure to live up to a required duty of care, negligence occurs.

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(True/False)

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Question 3

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True

Driving his motorcycle negligently, Jack crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Kris. But for Jack's negligence, Kris would not have died. Regarding the death, the crash is

(Multiple Choice)

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Question 4

Tort law is intended to compensate society as a whole for a wrong committed against it by an individual.

(True/False)

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Question 5

An intentional tort requires intent to commit the act that causes harm, but does not require the intent to cause the harm .

(True/False)

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Question 6

Business torts are wrongs committed by an individual or a company against an individual or a company related to business.

(True/False)

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Question 7

Probable cause to believe someone has shoplifted is a defense to a charge of false imprisonment in some states.

(True/False)

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Question 8

Fraud exists when a person represents as a fact something he or she knows (or should know) is untrue.

(True/False)

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Question 9

Quint sells cars for Rough Ride Motors. To make a sale, he asserts that a certain model of a Swifty auto is the "best one ever made." This is

(Multiple Choice)

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Question 10

Bess, an accountant, distributes a handbill to her business clients and potential customers accusing her competitor Clara of being a thief. The statement is defamatory if

(Multiple Choice)

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Question 11

The reliance that gives rise to liability for fraud requires

(Multiple Choice)

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Question 12

Ida slips and falls on the deck of Jet's Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the "50 percent" rule, if Ida is more than 50 percent at fault, she will recover

(Multiple Choice)

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Question 13

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery

(Multiple Choice)

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Question 14

An intentional tort does not require an evil or harmful motive.

(True/False)

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Question 15

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, can still recover for negligence.

(True/False)

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Question 16

The elements of negligence include intent .

(True/False)

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Question 17

Businesses have a duty to exercise reasonable care to protect business invitees.

(True/False)

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Question 18

Casey is driving a car in which Deb is a passenger when an accident occurs. Casey and Deb are not injured. Casey is not liable to Deb on a negligence theory because

(Multiple Choice)

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Question 19

Failure to exercise the standard of care that a reasonable person would exercise with respect to another's business is trade libel .

(True/False)

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Question 20

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Exam 5: Business Torts

Common types of trespass to land include placing part of one's building on an adjoining landowner's property .

When someone suffers injury because of another's failure to live up to a required duty of care, negligence occurs.

Driving his motorcycle negligently, Jack crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Kris. But for Jack's negligence, Kris would not have died. Regarding the death, the crash is

Tort law is intended to compensate society as a whole for a wrong committed against it by an individual.

An intentional tort requires intent to commit the act that causes harm, but does not require the intent to cause the harm .

Business torts are wrongs committed by an individual or a company against an individual or a company related to business.

Probable cause to believe someone has shoplifted is a defense to a charge of false imprisonment in some states.

Fraud exists when a person represents as a fact something he or she knows (or should know) is untrue.

Quint sells cars for Rough Ride Motors. To make a sale, he asserts that a certain model of a Swifty auto is the "best one ever made." This is

Bess, an accountant, distributes a handbill to her business clients and potential customers accusing her competitor Clara of being a thief. The statement is defamatory if

The reliance that gives rise to liability for fraud requires

Ida slips and falls on the deck of Jet's Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the "50 percent" rule, if Ida is more than 50 percent at fault, she will recover

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery

An intentional tort does not require an evil or harmful motive.

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, can still recover for negligence.

The elements of negligence include intent .

Businesses have a duty to exercise reasonable care to protect business invitees.

Casey is driving a car in which Deb is a passenger when an accident occurs. Casey and Deb are not injured. Casey is not liable to Deb on a negligence theory because

Failure to exercise the standard of care that a reasonable person would exercise with respect to another's business is trade libel .

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