Question 1

Bella owns a farm in Colorado.Doyle drives his sport utility vehicle off a highway and onto Bella's land.Doyle commits trespass if he

Accepted Answer

A) does not have Bella's permission to drive on the property. 
B) drives onto the property for recreational purposes. 
C) harms the property in a material way. 
D) harms the property in any way. 
A) does not have Bella's permission to drive on the property. 
B) drives onto the property for recreational purposes. 
C) harms the property in a material way. 
D) harms the property in any way. A

Question 2

Self-defense is a defense to negligence.

Accepted Answer

A) True 
 B)False  False

Question 3

Wrongfully taking personal property without the owner's permission is conversion.

Accepted Answer

A) True 
 B)False  True

Question 4

Under a dram shop act,liability can be imposed without proof of negligence.

Accepted Answer

A) True 
 B)False

Question 5

Obie accuses Portia,a broker with QT Financial Services,of fraudulently inducing him to invest in Risky Development Company,whose stock price declines in value.The reliance that gives rise to liability for fraud requires

Accepted Answer

A) a subjective statement. 
B) misrepresentation of a fact knowing that it is false. 
C) puffery. 
D) seller's talk. 
A) a subjective statement. 
B) misrepresentation of a fact knowing that it is false. 
C) puffery. 
D) seller's talk.

Question 6

Nico is a passenger in a car driven by Owen,whose reckless driving causes an accident,injuring himself.Nico,uninjured,accompanies Owen to Parkside Hospital in an ambulance.The ambulance is hit by a car driven by Quin,and Nico is injured.Nico files a suit against Owen,alleging negligence.The element most likely to be a question for the court to decide is

Accepted Answer

A) causation in fact. 
B) proximate cause. 
C) the duty of care. 
D) the injury requirement. 
A) causation in fact. 
B) proximate cause. 
C) the duty of care. 
D) the injury requirement.

Question 7

The extreme risk of an activity is a defense against imposing strict liability.

Accepted Answer

A) True 
 B)False

Question 8

George has a badly infected right foot.Herb,George's physician,prescribes amputation.George agrees.During the operation,Herb amputates the left foot.In George's suit against Herb,George's best theory for recovery is

Accepted Answer

A) assumption of risk. 
B) negligence per se. 
C) res ipsa loquitur. 
D) strict liability. 
A) assumption of risk. 
B) negligence per se. 
C) res ipsa loquitur. 
D) strict liability.

Question 9

Bette backs out of City Parking Garage,colliding with Dill's car.Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as

Accepted Answer

A) a blameless person. 
B) a faultless person. 
C) a realistic person. 
D) a reasonable person. 
A) a blameless person. 
B) a faultless person. 
C) a realistic person. 
D) a reasonable person.

Question 10

If it can be shown that a trespass to land was warranted,a complete defense exists.

Accepted Answer

A) True 
 B)False

Question 11

Liu enters Mountain Triathlon,an athletic competition in which Liu has never competed.Regarding the risk of injury,Liu assumes the risks

Accepted Answer

A) attributable to the triathlon in any way. 
B) different from the risks normally associated with the triathlon. 
C) greater than the risks normally associated with the triathlon. 
D) normally associated with the triathlon. 
A) attributable to the triathlon in any way. 
B) different from the risks normally associated with the triathlon. 
C) greater than the risks normally associated with the triathlon. 
D) normally associated with the triathlon.

Question 12

Dom,an EZ Baked Goods salesperson,follows Flora,a salesperson for Goody Pastries,Inc.,as she attempts to make sales to food stores.Dom solicits each of Flora's customers.Dom is most likely liable for wrongful inter-ference with a

Accepted Answer

A) bargaining relationship. 
B) business relationship. 
C) contractual relationship. 
D) customer relationship. 
A) bargaining relationship. 
B) business relationship. 
C) contractual relationship. 
D) customer relationship.

Question 13

Precise Engineering Corporation has a contract with Quik Mart Stores to provide customized software for Quik's inventory control system.Retail Outlets,Inc.,Quik's competitor,induces Sam,a Precise subcon-trac-tor who is writing code for the Quik software,to delay delivery of the code for one week.As a result,Precise's delivery of the software is delayed,and Quik sustains $500,000 in lost profits.On what ground could Quik recover damages from Retail Outlets?

Accepted Answer

Quik could file an action against Retail

Question 14

To avoid liability for negligence,a business owner must protect its pa-trons against all risks.

Accepted Answer

A) True 
 B)False

Question 15

Class-action lawsuits are suits in which a number of persons join together to bring an action.

Accepted Answer

A) True 
 B)False

Question 16

Manuel is walking past Thomas's house when he hears a smoke alarm going off.He also hears a child calling for help and sees smoke coming from a window.Manuel rushes into Thomas's house,finds the child and brings it outside.If Thomas sues Manuel for trespass to land,Manuel's defense will probably be

Accepted Answer

A) assisting someone in danger. 
B) consent. 
C) self-defense. 
D) the reasonable person defense. 
A) assisting someone in danger. 
B) consent. 
C) self-defense. 
D) the reasonable person defense.

Question 17

Persons who keep wild animals are strictly liable for any harm inflicted by the animals.

Accepted Answer

A) True 
 B)False

Question 18

Louis-larger and stronger than Mica-threatens to hit Mica before hitting and injuring him.Mica files a suit against Louis for assault and battery.Mica will most likely recover for

Accepted Answer

A) assault and battery. 
B) assault but not battery. 
C) battery but not assault. 
D) neither assault nor battery. 
A) assault and battery. 
B) assault but not battery. 
C) battery but not assault. 
D) neither assault nor battery.

Question 19

False imprisonment occurs when a person restrains another intentionally and without justification.

Accepted Answer

A) True 
 B)False

Question 20

Any lawful contract can potentially form the basis for an action based on wrongful in-terference with a contractual relationship.

Accepted Answer

A) True 
 B)False

Exam 4: Tort Law

Bella owns a farm in Colorado.Doyle drives his sport utility vehicle off a highway and onto Bella's land.Doyle commits trespass if he

Self-defense is a defense to negligence.

Wrongfully taking personal property without the owner's permission is conversion.

Under a dram shop act,liability can be imposed without proof of negligence.

Obie accuses Portia,a broker with QT Financial Services,of fraudulently inducing him to invest in Risky Development Company,whose stock price declines in value.The reliance that gives rise to liability for fraud requires

The extreme risk of an activity is a defense against imposing strict liability.

George has a badly infected right foot.Herb,George's physician,prescribes amputation.George agrees.During the operation,Herb amputates the left foot.In George's suit against Herb,George's best theory for recovery is

Bette backs out of City Parking Garage,colliding with Dill's car.Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as

If it can be shown that a trespass to land was warranted,a complete defense exists.

Liu enters Mountain Triathlon,an athletic competition in which Liu has never competed.Regarding the risk of injury,Liu assumes the risks

Dom,an EZ Baked Goods salesperson,follows Flora,a salesperson for Goody Pastries,Inc.,as she attempts to make sales to food stores.Dom solicits each of Flora's customers.Dom is most likely liable for wrongful inter-ference with a

To avoid liability for negligence,a business owner must protect its pa-trons against all risks.

Class-action lawsuits are suits in which a number of persons join together to bring an action.

Manuel is walking past Thomas's house when he hears a smoke alarm going off.He also hears a child calling for help and sees smoke coming from a window.Manuel rushes into Thomas's house,finds the child and brings it outside.If Thomas sues Manuel for trespass to land,Manuel's defense will probably be

Persons who keep wild animals are strictly liable for any harm inflicted by the animals.

Louis-larger and stronger than Mica-threatens to hit Mica before hitting and injuring him.Mica files a suit against Louis for assault and battery.Mica will most likely recover for

False imprisonment occurs when a person restrains another intentionally and without justification.

Any lawful contract can potentially form the basis for an action based on wrongful in-terference with a contractual relationship.

The Legal and Constitutional Environment of Business

Courts and Alternative Dispute Resolution

Ethics and Business Decision Making

Intellectual Property

Internet Law,social Media,and Privacy

Criminal Law and Cyber Crime

Nature and Classification

Agreement in Traditional and E-Contracts

Consideration, capacity, and Legality

Defenses to Contract Enforceability

Third Party Rights and Discharge

Breach and Remedies

The Formation of Sales and Lease Contracts

Performance and Breach of Sales and Lease Contracts

Warranties and Product Liability

Negotiability, transferability, and Liability

Checks and Banking in the Digital Age

Secured Transactions

Creditors Rights and Bankruptcy

Agency Relationships

Employment Law

Sole Proprietorships, partnerships, and Limited Liability Companies

Corporate Formation, financing, and Termination

Corporate Directors, officers, and Shareholders

Investor Protection, insider Trading, and Corporate Governance

Personal Property and Bailments

Real Property and Landlord-Tenant Law

Insurance, wills, and Trusts

Liability of Accountants and Other Professionals

International Law in a Global Economy

Filters