Exam 22: Misrepresentation, Tortious Interference, and Other Torts

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

(True/False)
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Why is puffing not a basis for the tort of misrepresentation?

(Essay)
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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________.

(Multiple Choice)
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A fiduciary relationship exists when one of the parties owes the other loyalty, candor, and fair treatment.

(True/False)
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Match the following
Premises:
discrediting an opponent's business
Responses:
cause
fact
fiduciary relationship
Correct Answer:
Verified
Premises:
Responses:
discrediting an opponent's business
cause
(Matching)
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Match the following
Premises:
a statement that can be proven true or false
Responses:
prima facie tort
bad faith liability
cause
Correct Answer:
Verified
Premises:
Responses:
a statement that can be proven true or false
prima facie tort
(Matching)
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Match the following
Premises:
unenforceable at the option of one of the parties
Responses:
terminable at will
prima facie tort
bad faith liability
Correct Answer:
Verified
Premises:
Responses:
unenforceable at the option of one of the parties
terminable at will
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It is a tort to interfere with contract relations by intentionally inducing another to breach a contract or to make it impossible or more difficult to perform.

(True/False)
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When is reliance justifiable?

(Short Answer)
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An opinion is a statement of fact that can be objectively verified as true or false.

(True/False)
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Match the following
Premises:
cause of action covering pecuniary loss caused by false statements
Responses:
voidable
dram shop liability
misrepresentation
Correct Answer:
Verified
Premises:
Responses:
cause of action covering pecuniary loss caused by false statements
voidable
(Matching)
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In disparagement, distinguish between slander of title and trade libel.

(Essay)
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Match the following
Premises:
a justifiable reason
Responses:
fact
scienter
material
Correct Answer:
Verified
Premises:
Responses:
a justifiable reason
fact
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